FOR IMMEDIATE RELEASE

September 12, 2025

Statement of the Justice & Diversity Center on the Supreme Court’s Emergency Ruling in Perdomo v. Noem

The Justice & Diversity Center of the Bar Association of San Francisco (“JDC”) is deeply concerned by the United States Supreme Court’s emergency order in Perdomo v. Noem. By granting a stay of a lower court injunction that prohibited federal agents from conducting stops based on racial profiling, the Court has taken an extraordinary step that raises profound questions about judicial transparency and the protection of fundamental constitutional rights.

This ruling was issued through the Court’s “shadow docket,” without the benefit of full briefing, oral argument, or a written majority opinion explaining its reasoning. A transparent and accountable judiciary is a cornerstone of the rule of law. When the nation’s highest court makes decisions of this magnitude in an unsigned, unexplained order, it undermines the predictability of our legal system and erodes public trust in the judiciary.

Furthermore, this order directly threatens the Fourth Amendment rights of every member of our community, including U.S. citizens and those with lawful immigration status. The lower courts found that the government’s operations likely violated the Constitution by targeting individuals based on factors like their race, their accent, or the type of work they do. The government’s actions, as documented by the district court, risk creating a reality where millions of our neighbors, including U.S. citizens, can be treated as suspects simply because of how they look, how they dress, where they work or how they speak.

For a U.S. citizen or lawful resident the consequences of this decision should be alarming. Unlike in the criminal justice system, there is no right to an appointed public defender if a U.S. citizen or lawful resident is wrongfully arrested by ICE. An individual can be quickly transferred to any detention facility across the country, often without the ability to contact their family or an attorney. The burden falls on them, alone and without legal help, to prove to the very officers who arrested them that they have the right to be in their own country.

The role of the judiciary is to serve as a check on government power, not as a rubber stamp for it. The lower court’s order did not “harm” the government; it protected the people from constitutional violations.

The JDC stands for an independent judiciary, a transparent legal process, and the unwavering protection of the constitutional rights of every person. We will continue to monitor this case closely and advocate for the principles that are the foundation of our free society.