During oral arguments Tuesday in an immigrants’ rights case, Supreme Court Justice Antonin Scalia made a reference to one of the parties, a Mexican man who has been deported back to his country, as someone unlikely to keep from drinking tequila on the chance he could return to the United States.

The comment raised eyebrows in the audience and offended some who were told about the remark afterward on the grounds that it perpetuates stereotypes about Mexicans. Lawyers directly involved in the case could not be reached or declined to comment publicly.