Fact check: The Supreme Court decision, written by Brett Kavanaugh, allows ICE agents to detain people based on the color of their…

Verdict: mostly true — Trust Score 65/100

The post accurately refers to a Supreme Court decision in September 2025, where a concurring opinion by Justice Brett Kavanaugh allowed ICE agents to consider factors such as apparent ethnicity, language, or workplace in immigration stops, lifting a lower court injunction. However, the post exaggerates the decision by stating it explicitly 'allows' detention based solely on skin color or accent, as Kavanaugh's opinion specified these as 'relevant factors' when combined with other evidence, not as standalone grounds for detention. The claim about children carrying papers to avoid detention is not supported by the provided sources. This information is confirmed by 6 sources.

Platform
tiktok
Source author
provibee — see all fact-checks of this account
Original post
https://vt.tiktok.com/ZSVkCLr6t/
Verified on
August 18, 2026
Verification ID
29SydjCR1H_aLwte-QmMXQ

Original content reviewed

Platform: TIKTOK Author: @provibee --- Caption/Description --- Thought?💭 --- Audio Transcript (What was said) --- So you think that children who are not white should have to carry their papers? Why are you referencing a colour? Because the Kavanaugh stops as allowed by the Supreme Court. The decision was written by Brett Kavanaugh says that ICE agents are allowed to detain people based on the colour of their skin or the accent with which they speak English. And because of that fact, children in my community who are not white have to fucking carry papers so they don't get detained. Because you support that? I just wanna make sure we're very clear that, yes, you think that those children of colour should have to carry their papers to prevent detention. I think everybody who is illegal right now should definitely. I'm not talking about illegal immigrants. I'm talking about citizens whose skin isn't white. No, I'm talking about. I don't think that you have anything to worry about. Okay, so. But. But. So those children who are carrying passport cards to prevent being detained from ICE, they're just being silly? Is that what you think? You. You don't think it's advisable for them to carry their papers given what's going on? I think that if you are in the process of legally. no, no. I'm just talking about any person insane. Okay, here's the deal. Imagine you imagine you're a kid. You're 15 years old. Your skin isn't white. You were born here. You are a citizen. You're going to school. ICE is Very active in your neighborhood. And you've heard that the Supreme Court has allowed them to detain people based on the colour of their skin or the accent with which they speak English. So your mom says, here's your passport. Don't lose it. Keep it in your backpack. You need to show it to the armed men if they stop you because of the colour of your skin. I'm asking if you think that that is an okay situation that we have on our hands. I don't. I don't think so. I don't know. I thi

Claims analyzed (2)

  1. mostly true: The Supreme Court decision, written by Brett Kavanaugh, allows ICE agents to detain people based on the color of their skin or the accent with which they speak English.
    In September 2025, the Supreme Court stayed a lower court injunction in Noem v. Vasquez Perdomo, which had temporarily prohibited federal agents from detaining people based on suspected ethnicity or where they worked. Justice Brett Kavanaugh's concurring opinion stated that apparent ethnicity alone cannot furnish reasonable suspicion but can be a 'relevant factor' when combined with other salient factors. While the decision has been criticized for enabling racial profiling, Kavanaugh's opinion d
  2. unverifiable: Non-white children in their community carry papers to avoid detention by ICE agents.
    While there are reports of increased racial profiling by ICE and fear within immigrant communities, the provided sources do not specifically mention non-white children carrying papers to avoid detention.

Sources consulted (10)

Related verifications

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