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bigtree

(92,989 posts)
Mon Oct 13, 2025, 12:46 AM Monday

Why the fuck did I lose my freedom of movement rights, assumption of innocence just because I'm not white?

Last edited Mon Oct 13, 2025, 10:26 AM - Edit history (1)

...all to effect this president's partisan partisan political policy of mass deportations?

Racial profiling is illegal, and police can't lawfully stop individuals solely based on their race or ethnicity. Officers cannot detain someone based on a hunch or simply for being in a “high crime area” without more specific suspicion.

That alone makes the Supreme Court's ruling allowing ICE to detain individuals based partly on the color of their skin an abomination against Americans' constitutional and legal rights. But it's not that simple.

The Trump administration argued, and was rejected all the way up to the Supreme Court, that their use of race and other factors they claimed ICE agents were taking into account when detaining people; instead of the 'reasonable suspicion' standard that police are held to for everyone else in the country; wasn't just racial profiling.

However, the maga majority which has grown accustomed to rubber stamping unprecedented power grabs by Donald Trump; allowances for acts which have been considered illegal or improper for all presidents who preceded him, gave 'temporary' permission for ICE to continue the racist profiling practice that is considered by the courts to be abhorrent when applied to Americans; their majority ruling behind a majority opinion by Justice Kavanaugh which implied that picking people out based on the color of their skin, or where they work, or how they speak is a minor inconvenience.

“As for stops of those individuals who are legally in the country, the questioning in those circumstances is typically brief, and those individuals may promptly go free after making clear to the immigration officers that they are U.S. citizens or otherwise legally in the United States,” he wrote.


Of course, the news reports that everyone is watching show that people are being detained on the street, where they work, and in any public place, and held based solely on their dark skin and non-white appearance. There's no evidence that ICE agents are employing the "four-point' test where race isn't the only factor. That's an absurdity that strains credulity, naively assuming the targets' dark skin isn't the ONLY, if not primary factor in the agent's interest in the first place.

Moreover, there isn't any protection in this order for citizens who share those physical characteristics that ICE agents are targeting, and an increasing number are getting caught up in these 'mass deportation' dragnets where sometimes hundreds of people are corralled and detained, even after being show identification or informed that their subject is a U.S. citizen, many subjected to abusive and invasive intake and detention conditions and often held for days before ICE decided they can't hold them anymore.

No police agency other than the Supreme Court-protected ICE agency is allowed to, or dares to violate rights as flagrantly and routinely, with impunity, as ICE is being allowed after arrogantly violating this law and expectation that ALL Americans are entitled to in their interactions with police officers.

Trouble for Americans with this ruling is that ICE has no credible means to distinguish between non-citizens and citizens based on appearance; NONE, other than this southern cracker test that assumes you can tell an 'illegal' by their skin color. What the hell else is anyone with a brain supposed to assume ICE agents are using to identify the people they detain who are waking down the street, or going to the market, or working as vendors, or dropping their kids off at school?

Besides the obvious conclusion that virtually no white people are being detained by these jump-out squads of immigration agents with the suspicion that they are in the country illegally because they're a vendor, or delivery person, or working landscaping, it's should stand to reason for anyone other than the sheltered, pampered members of a lifetime seat on the bench that more than just undocumented people work in those professions.

What becomes of them? Why have they been deigned by the Supreme Court as mere collateral in Trump's 'war' on American cities?

Goddammit, my country needs to stop lying to me behind their racial fears, and prevaricating about the allowances white people are being afforded against these specters of their politically inflated imaginations; sanctioning armed agents and soldiers to regard dark-skinned people as the 'enemy within' this nation we support and defend with our labor and our service.

Where in actual hell are the protections for people of color in this nation against the deliberate terror being inflicted against them in the nation by federal agents and the military, backed up by a partisan majority on a nine member star-chamber court that didn't even bother to spell out reasoning for their own ruling?

Why am I being made by that court to forfeit MY rights against deprivation of rights under color of law based on race, color, or national origin, ensuring equal protection under the law (Title 18 U.S.C. § 242), to allow a deportation policy, of which, they haven't actually bothered to definitively rule on its constitutionality?

This a situation that Kavanaugh conjured up in his opinion, claiming without proof, against evidence that, "questioning in those circumstances is typically brief, and those individuals may promptly go free after making clear to the immigration officers that they are U.S. citizens or otherwise legally in the United States.":

That isn't happening. The opposite is happening, and an increasing number of citizens are being caught up in a brutal regime of arrests and detentions by ICE agents who do not verify or accept representations by anyone they've been detaining, opting to take targets back to headquarters and release them only when they are satisfied they can't hold them anymore.

That's unconstitutional for anyone in the country, The Constitution doesn't discriminate in any way between non-citizens and citizens in it's proclamations of equality and due process. The document refers to the 'people' in it's description of protections and rights, but the politicians and the courts have bastardized those values that they reserve only for the people in this country they choose to protect; mostly white people, like in this instance where ALL people of color have been deliberately left vulnerable in this 'temporary' and wholly opportunistic evisceration of my citizenship rights to advantage the president's cynical declaration of an 'emergency' to effect his political policy of mass deportations.

NOTHING in the Constitution says I must be expected to forfeit my protections and rights to effect some political policy. The Constitution protects individual rights from government suspension primarily through the Habeas Corpus Clause, which states that the government cannot suspend this right without extraordinary circumstances, such as a rebellion or invasion.

There is no rebellion or invasion occurring, defined under the clause as an attack on the government, not the migration of peaceful refugees that the Trump administration is targeting with their mass deportation scheme.

Where the fuck did MY rights go, America? How did I lose my right to freedom of movement, or forfeit my protections against racial profiling or selective detention just because my skin isn't WHITE??

Every fucking day I take the time to explain myself on this, and every fucking day my words fade and fall from these pages like the tears I shed over the state of the country I was born in ; the country which has, once again marginalized me assuming my life isn't worth the same as my white counterparts.

Think about that as you interact with me here.
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Why the fuck did I lose my freedom of movement rights, assumption of innocence just because I'm not white? (Original Post) bigtree Monday OP
Bigtree Hekate Monday #1
I am sorry. If I could, I would make things better for you and everyone else. littlemissmartypants Monday #2
thank you n/t crud Monday #3
That's why white people must scream the loudest. rubbersole Monday #4
Good thing John Roberts declared racism dead? czarjak Monday #5
Which has been compared soldierant Monday #6
Good one! calimary Monday #11
Yeah. I think it was soldierant Yesterday #15
it's a metaphor used by Justice Ruth Bader Ginsburg in her dissent in the Shelby County v. Holder case. bigtree Yesterday #17
Thank you. soldierant 14 hrs ago #19
Kick BlueWaveNeverEnd Monday #7
You are not alone in your indignation, bigtree. Buddyzbuddy Monday #8
My heart BlueMTexpat Monday #9
Keep kicked! Heidi Monday #10
Kick! Heidi Yesterday #16
K&R UTUSN Monday #12
The "why" is - drumphf's racism, and his "permissions" for those inclined to be racists to act upon it... electric_blue68 Monday #13
This! G_j Monday #14
I continue to learn about my privilege Nittersing Yesterday #18
DURec leftstreet 13 hrs ago #20

littlemissmartypants

(30,098 posts)
2. I am sorry. If I could, I would make things better for you and everyone else.
Mon Oct 13, 2025, 01:55 AM
Monday

I always enjoy reading your essays and I understand your frustration. Earlier today, I found this, thought about sharing it here but decided not to. I think you might find it interesting as it addresses the very topic you are talking about here.

https://reason.com/2025/10/10/trump-wont-invoke-the-insurrection-act-as-long-as-he-can-use-the-national-guard-however-he-wants/

Maybe some of it can help you press ahead as you try to raise awareness of the dire circumstances faced now by so many people. If you don't find it helpful, I'm sorry.

I didn't post it because I think so many people are either in denial or so upset that they can't deal with our current reality and they wouldn't find any benefit.

Strong emotions are often overlooked as a destructive reflex when deliberate thoughtfulness is really what we need.

Stay strong, bigtree. Thank you for sharing this.

❤️

rubbersole

(10,723 posts)
4. That's why white people must scream the loudest.
Mon Oct 13, 2025, 02:13 AM
Monday

Now. I'm not worried about my white male 73 yo privileged ass getting rounded up in an immigration raid. It's not going to stop at "immigration enforcement". These nazis already are labeling anyone not maga as antifa terrorists. That's me. Other than disagreeing with everything they stand for, my biggest offense against the "state" is an expired library card. Sudan, here I come.

soldierant

(9,029 posts)
6. Which has been compared
Mon Oct 13, 2025, 02:43 AM
Monday

to throwing away your umbrella in the middle of a rainstorm because it has been a successful protection against the rain.

bigtree

(92,989 posts)
17. it's a metaphor used by Justice Ruth Bader Ginsburg in her dissent in the Shelby County v. Holder case.
Tue Oct 14, 2025, 09:23 AM
Yesterday

Near the end of her dissent in Shelby County v. Holder, Justice Ginsburg suggested a simple analogy to illustrate why the regional protections of the Voting Rights Act (VRA) were still necessary.

She wrote that “throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.”

https://repository.law.umich.edu/book_chapters/81/

soldierant

(9,029 posts)
19. Thank you.
Tue Oct 14, 2025, 09:39 PM
14 hrs ago

I'm old and do forget things. But I knew it was a woman who I really respected.

BlueMTexpat

(15,612 posts)
9. My heart
Mon Oct 13, 2025, 04:26 AM
Monday

aches for you and everyone like you. I respect and appreciate all your posts here. Please know this.

After the stolen election of 2000, I knew that I could no longer live full-time in the country that the USA was becoming, although even I NEVER imagined that our evolution into an authoritarian state would come so fast.

I spent the post-1964 momentous 60s era living and working abroad, so missed much of the turbulence of the late 60s in the USA. But I had already seen the growing - if then limited - influence of the RRW and the evangelical churches in the early 1960s firsthand. I also lived though the JFK assassination and mourned with the nation then. So I have always been concerned about the RRW and the churches.

I returned in 1971 to a nation badly torn by the debacle in Vietnam and the Nixon era. Still there were so many rays of hope even then, and I was able to return to work abroad, where I was happiest, in summer 1980. Almost all that 1970s hope was shattered by the 1980 election of Raygun.

Upon my return to the US in fall 1982, i realized that I needed a weapon: the law. Thus I spent three years getting a law degree, which also served as my survival tactic against the RRW trend of the GOP, not yet full-blown. I specialized in international law, ultimately working with international organizations in Geneva from 1994-2007. From 2007, I exercised my option to retire in Switzerland.

Although I spend the majority of my time abroad, I also have a US residence (paying taxes in both countries, btw) so that I am able to vote in state and local elections as well as federal, and I ALWAYS vote DEM, of course. Whenever I am in the US, I also proudly participate in marches against tyranny (I am now 80+) and I worked telephones with my state Democratic Party for the election of Hillary Clinton in 2016. Alas, what could have been, if not for fraudulent elections!

While I was heartened by the election of President Biden in 2020, I was appalled when so many in his own party turned against him late in 2024. Kamala Harris ran an excellent campaign, however, and I proudly voted FOR her, truly believing that she would win!

I was appalled by the 2024 election results. Frankly, I STILL believe that there was GOPer chicanery in that election and that we will learn about it some day.

I am even more appalled (lots of being appalled lately) by the actions and policies of You-Know-Who & Goons and the fact that he is enabled in all these by a craven and cowardly GOPer-led Congress, along with a high court which I consider to be 2/3 composed of Supreme Farces, NOT Justices, by any means.

Although I myself am "white," I have always considered that ALL human beings of whatever gender, race, culture, religious (or not) persuasion, even political expression so long as that expression does NOT include violence against other living human beings, are my sisters and brothers.

I hurt WITH you, but - so far - have never had to know or experience the innate fears that you do on a daily basis. I will continue fighting for us all as much as I can, so long as I can.

But my days are numbered.

Heidi

(58,843 posts)
10. Keep kicked!
Mon Oct 13, 2025, 12:17 PM
Monday

Last edited Mon Oct 13, 2025, 01:01 PM - Edit history (1)

It’s ridiculous that this got only nine replies and was on page 4 of GD when I went to kick it. This is the *lived experience* of a treasured, longtime member of our community!

electric_blue68

(24,293 posts)
13. The "why" is - drumphf's racism, and his "permissions" for those inclined to be racists to act upon it...
Mon Oct 13, 2025, 07:31 PM
Monday

(too late for me last night to respond, was napping much of today)

And too many in Congress going along with it.

Your hard won rights sometimes weren't protected in The South once Civil Rights Laws were inacted, and The North wasn't as good as it could have been; those rights should have/be respected!

I'm not sure it's cynicism on drumphf's part; more like plain racist cruelty (amongst his varied cruelties).

His father, and he himself were involved in racial discrimination lawsuits in 1973 by the Dept of Justice. There were also historical, journalistic accounts of Fred Trump and redlining in Queens with KKK intimidation against Black people. Plus him being at a 1927 KKK marchers in Queens.
In this case the rotten apple didn't fall far ftom the tree.

Bad enough he won the first time. This second time, much worse! It dismays me as a white women that I think it was 53% white women (I forget if that was College educated, or all white women) voted for drumphf this time. We women know serious discrimination as well...you'd think....

All I can say is my folks taught me to respect people unless they were consistently mean, or cruel. My friends were welcomed whatever race, religion etc, they vwere, and I was free to visit them.

Except for 2 volunteer rounds w 2 Liberal Republicans (Lindsey, and Goodell) before I could vote - I always voted Democratic, hopefully the more liberal the better.

As far as Congressional politics, and history - I thought either Rep Ron Dellums, or Rep Julian Bond might have made it to The Presidency.

I've also done volunteer work for campaigns. With artistic, and graphic design talents when I had access to computers, and printers I did my own signs that I put up in my neighborhoods, and at 2 College campus areas for several Presidential campaigns.

I've read many accounts especially more so on line (and vids before George Floyd, and Rodney King) through the years of LEOs abuses of Black, and other POCs. So I know some of what has/is happening.

So I try to be a witness from afar by knowing events, voting Democratic even imperfect, praying for protection for vulnerable groups including potential victims of racism. Trying make America fulfill it's promises.

Safety big tree to you, and yours.

Nittersing

(7,734 posts)
18. I continue to learn about my privilege
Tue Oct 14, 2025, 09:42 AM
Yesterday

but the one that is smacking me in the face right now... is the ability to escape. The ability to ignore. The ability to hide my head in the sand. When all the news is getting to me... and I'm the verge of a panic attack... I can check out.

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