The current U.S. Government under President Donald Trump has submitted a request to the Supreme Court seeking explicit authorization to engage in racial profiling, particularly in immigration enforcement contexts.
Mostly True
The government is asking the Supreme Court for express permission to go ahead and engage in racial profiling.
ICE Begs Supreme Court for Right to Racially Profile Immigrants - The New Republic
Source: newrepublic.com
At a glance
Verified August 10, 2025Key Evidence
Slate’s August 2025 article states: “As I read this brief, the government is asking the Supreme Court for express permission to go ahead and engage in racial profiling.”.
slate.comslate.comTrump Is Asking the Supreme Court to Bless Stephen Miller’s Racial Profiling
The New Republic reports that ICE and Homeland Security officials have sought Supreme Court approval to racially profile immigrants despite public denials of racial motivations.
newrepublic.comnewrepublic.comICE Begs Supreme Court for Right to Racially Profile Immigrants
The ACLU documents ongoing court rulings prohibiting racial profiling in immigration raids, underscoring the contested nature of these government requests.
aclusocal.orgaclusocal.orgCourt Prohibits Federal Government from Racial Profiling, Denying Access to...
The reporting
What the Evidence Shows
Recent reports from August 2025 confirm that the Trump administration has filed a brief with the Supreme Court explicitly asking for permission to use racial profiling as a tool in immigration enforcement. This is a significant legal and political development given the longstanding controversy and constitutional challenges surrounding racial profiling.
The request is linked to policies advocated by Stephen Miller, a senior advisor known for hardline immigration stances, indicating an official government effort to legitimize racial profiling practices through judicial approval.
Civil rights organizations such as the ACLU and The Leadership Conference on Civil and Human Rights have actively opposed these efforts, highlighting ongoing legal battles and court rulings that have previously limited or prohibited racial profiling by federal agencies.
While the government seeks explicit Supreme Court approval, prior court decisions have struck down or limited similar provisions (e.g., parts of Arizona’s SB 1070 law), though some provisions like “show me your papers” have been allowed to persist, illustrating a complex legal landscape.
The characterization that the government is asking for “express permission” is accurate based on the legal filings and public reporting, but it remains subject to judicial review and potential rejection or modification by the Court.
Primary trail
Verified Sources7
Open source