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Gustavo Arellano: I'm a US citizen. I'm always going to carry my passport now. Thanks, Supreme Court

Gustavo Arellano, Los Angeles Times on

Published in Op Eds

My dad's passport is among his most valuable possessions, a document that not only establishes that he's a U.S. citizen but holds the story of his life.

It states that he was born in Mexico in 1951 and is decorated with stamps from the regular trips he takes to his home state of Zacatecas. Its cover is worn but still strong, like its owner, a 74-year-old retired truck driver. It gives Lorenzo Arellano the ability to move across borders, a privilege he didn't have when he entered the United States for the first time in the trunk of a Chevy as an 18-year-old.

The photo is classic Papi. Stern like old school Mexicans always look in portraits but with joyful eyes that reveal his happy-go-lucky attitude to life. He used to keep the passport in his underwear drawer to make sure he never misplaced it in the clutter of our home.

At the beginning of Trump's second term, I told Papi to keep the passport on him at all times. Just because you're a citizen doesn't mean you're safe, I told my dad, who favors places — car washes, hardware stores, street vendors, parks, parties — where immigrants congregate and no one cares who has legal status and who doesn't.

"Exagera," my dad replied — Trump exaggerates. As a citizen, my dad reasoned he now had rights. He didn't have to worry like in the old days, when one shout of "La migra!" would send him running for the nearest exit of the carpet factory in Santa Ana where he worked back in the 1970s.

Then came Trump's summer of deportation.

Masked migra swept across Southern California under the pretense of rounding up criminals. In reality, they grabbed anyone they thought looked suspicious, which in Southern California meant brown-skinned Latinos like my father. The feds even nabbed U.S. citizens or detained them for hours before releasing them with no apology. People who had the right to remain in this country were sent to out-of-state detention camps, where government officials made it as difficult as possible for frantic loved ones to find out where they were, let alone retrieve them.

This campaign of terror is why the ACLU and others filed a lawsuit in July arguing that la migra was practicing racial profiling in violation of the 4th Amendment, which prohibits unreasonable searches. A federal judge agreed, issuing a temporary restraining order. The Trump administration appealed, arguing to the Supreme Court that it needed to racially profile to find people to kick out of the country, otherwise "the prospect of contempt" would hang "over every investigative stop."

On Monday, the Supreme Court agreed.

In a 6-3 vote, the justices lifted the temporary restraining order as the ACLU lawsuit proceeds. L.A.'s long, hot deportation summer will spill over to the fall and probably last as long as Trump wants it to. The decision effectively states that those of us with undocumented family and friends — a huge swath of Southern California and beyond — should watch over our shoulders, even if we're in this country legally.

And even if you don't know anyone without papers, watch out if you're dark-skinned, speak English with an accent or wear guayaberas or huaraches. Might as well walk around in a T-shirt that says, "DEPORT ME, POR FAVOR."

The ruling didn't surprise me — the Supreme Court nowadays is a Trump-crafted rubber stamp for his authoritarian project. But what was especially galling was how out of touch Justice Brett M. Kavanaugh's concurring opinion was with reality.

Kavanaugh describes what la migra has wrought on Southern California as "brief investigative stops," which is like describing a totaled car as a "scratched-up vehicle." A citizen or permanent resident stopped on suspicion of being in this country illegally "will be free to go after the brief encounter," he wrote.

 

The justice uses the words "brief" or "briefly" eight times to describe what la migra does. Not once does he mention plaintiff Brian Gavidia, the U.S. citizen who on June 9 was at a Montebello tow yard when masked immigration agents shoved him against the fence and twisted his arm.

Gavidia's offense? He stated he was an American three times but couldn't remember the name of the East L.A. hospital where he was born. A friend recorded the encounter and posted it to social media. It quickly went viral and showed the world that citizenship won't save you from Trump's migra hammer.

Would Kavanaugh describe this as a "brief encounter" if it happened to him? To a non-Latino? After more cases like this inevitably happen, and more people are gobbled up by Trump's anti-immigrant Leviathan?

Anyone who applauds this decision is sanctioning state-sponsored racism out of apartheid-era South Africa. They're all right with Latinos who "look" a certain way or live in communities with large undocumented populations becoming second-class citizens, whether they just migrated here or can trace their heritage to before the Pilgrims.

I worry for U.S.-born family members who work construction and will undoubtedly face citizenship check-ins. For friends in the restaurant industry who might also become targets. For children in barrios who can now expect ICE and Border Patrol trucks to cruise past their schools searching for adults and even teens to detain — it's already happened.

Life will irrevocably change for millions of Latinos in Southern California and beyond because of what the Supreme Court just ruled. Shame on Kavanaugh and the five other justices who sided with him for uncorking a deportation demon that will be hard to stop.

Justice Sonia Sotomayor recounts Gavidia's travails in her dissent, adding that the Real ID he was able to show the agents after they roughed him that established his citizenship "was never returned" and mocking Kavanaugh's repeated use of "brief."

"We should not have to live in a country where the Government can seize anyone who looks Latino, speaks Spanish, and appears to work a low wage job," she wrote. "Rather than stand idly by while our constitutional freedoms are lost, I dissent."

I will also dissent, but now I'm going to be more careful than ever. I'm going to carry my passport at all times, just in case I'm in the wrong place at the wrong time. Even that is no guarantee la migra will leave me alone. It's not a matter of if but when: I live in a majority Latino city, near a Latino supermarket on a street where the lingua franca is Spanish.

And I'm one of the lucky ones. I will be able to remain, no matter what may happen, because I'm a citizen. Imagine having to live in fear like this for the foreseeable future for those who aren't?

There's nothing "brief" about that.

_____


©2025 Los Angeles Times. Visit latimes.com. Distributed by Tribune Content Agency, LLC.

 

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