Opinion: Defending democracy against a reckless Supreme Court

Democracy doesn’t fall overnight — it’s chipped away, decision by decision. The U.S. Supreme Court’s ruling on Sept. 8 in Vasquez Perdomo v. Noem is one of those decisions that left a piece of our democracy shattered on the ground.

This decision reverses rulings from two lower courts that barred immigration agents from stopping individuals without reasonable suspicion or from relying solely on four factors — alone or in combination — to stop someone, including apparent race or ethnicity; speaking Spanish or speaking English with an accent; presence in a particular location like a bus stop, car wash or agricultural site; or the type of work a person does.

By allowing immigration agents to resume racially discriminatory stops, the court has greenlit a campaign of terror that not only threatens immigrants across Los Angeles and surrounding counties but also sets a horrible precedent that will impact people nationwide. Communities will now live under increased fear, knowing they can be targeted simply for the language they speak, the color of their skin or the kind of work they do. This decision undermines basic constitutional protections and deepens the climate of intimidation against both immigrants and people of color.

The ACLU Foundation of San Diego and Imperial Counties serves as co-counsel in the suit, which was filed in July. This suit asserts that immigration agencies violated the Fourth and Fifth Amendments by conducting racially discriminatory stops, making arrests without warrants or probable cause, and denying people access to counsel.

Unfortunately, this isn’t the first time the court has gotten it wrong. For example, the infamous “separate but equal” ruling in Plessy v. Ferguson (1896) legalized racial segregation, and then there was Korematsu v. United States (1944) which upheld the internment of Japanese Americans during World War II.

Each of these decisions is now looked back on as a shameful moment where the court betrayed the very values it swore to protect. The court’s ruling in Vasquez Perdomo v. Noem belongs in this same category — a legally sanctioned injustice that disregards basic constitutional protections. It’s important to note that this ruling does not halt further proceedings in the case. Our fierce clients will continue fighting for their rights in the trial court until justice is served.

Gaining recognition of our fundamental human rights has always been a battle. Every right we have, whether it’s the right to vote, equal protection, due process or the right to organize, was won because people fought for it. Rights have never been handed down freely. They were demanded by those who united in protest, solidarity and determination. We must protect the hard-fought wins of those before us.

What we are witnessing today is not just an attack on immigrant communities. It is part of a broader power grab that draws its strength by weakening our constitutional protections. When one person’s rights are stripped away, the thread that binds all our freedoms begins to fray. Immigration enforcement that disregards dignity and due process doesn’t just harm a few, it sets a dangerous precedent that will be used to diminish rights for all.

Here at the ACLU of San Diego and Imperial Counties, we remain resolute in our fight to defend the constitutional rights of all people. We are working in the courts, on the ground and in solidarity. We’re organizing Know Your Rights trainings, sharing resources, supporting community mobilization and demanding that our government holds immigration agencies accountable.

This Supreme Court ruling is a devastating setback; however, I believe in the promises of our nation and the people’s resolve in demanding that they be fulfilled.

Just as democracy can be chipped away, decision by decision, so can it be rebuilt. It is up to us, “We the People” to make a decision. Every choice we make, every action we take, has the power to restore what has been lost. By organizing, speaking out, defending one another and insisting on our rights, we can defend and rebuild our democracy and ensure it serves everyone, not just the few in power.

¡Adelante! (Onward!)

Chávez-Peterson is executive director of the ACLU Foundation of San Diego and Imperial Counties. She lives in Chula Vista.