Immigration News Today: Border Patrol, TSA Exempt from New Racial Profiling Policies by Justice Department
U.S. Attorney General Eric Holder announced new guidelines to ease racial profiling accusations, but immigrant rights groups have voiced concern about the new steps.
Holder, on behalf of the U.S. Department of Justice (DOJ), said the new policies are built on 2003 guidelines, by then-Attorney General John Ashcroft, which addressed race and ethnicity and will now include national origin, gender, gender identity, religion and sexual orientation standards for "all law enforcement, national security, and intelligence activities conducted by the [DOJ's] law enforcement components."
According to Holder, law enforcement conducting "routine or spontaneous" decisions cannot be based by ethnicity, gender, gender identity, national origin, race, religion or sexual orientation "to any degree" unless the "listed characteristics apply to a suspect description."
"This Guidance is the product of five years of scrupulous review," Holder said in a statement.
"It codifies important new protections for those who come into contact with federal law enforcement agents and their partners. And it brings enhanced training, oversight, and accountability to federal law enforcement across the country, so that isolated acts do not tarnish the exemplary work that's performed by the overwhelming majority of America's hard-working law enforcement officials each and every day."
The new guidelines, however, will not be in effect for individuals crossing U.S. borders or airports. According to the American Civil Liberties Union (ACLU), the U.S. Customs and Border Protection (CBP) and Transportation and Security Administration) are exempt for practicing the guidelines.
The DOJ's memorandum on the guidelines stated, "This Guidance does not apply to Federal non-law enforcement personnel, including U.S. military, intelligence, or diplomatic personnel, and their activities. In addition, this Guidance does not apply to interdiction activities in the vicinity of the border, or to protective, inspection, or screening activities."
The DOJ noted all activities must be consistent with the U.S. Constitution, applicable federal law and policy and "respects privacy, civil rights and civil liberties" while subject to appropriate oversight.
ACLU Washington Legislative Office Director Laura W. Murphy stated the overall revised DOJ guidelines by Holder are a signal of progress and has elements that should be celebrated, such as the inclusion of national origin, religion, sexual orientation and gender identity categories.
"However, several components of the Guidance do little to nothing to protect some minority populations that have to endure unfair targeting by law enforcement every day," Murphy said. "Using race, the color of someone's skin, religion, or ethnicity as any basis for suspicion or investigation is demoralizing, unconstitutional, and a practice that should be left in the history books, where it belongs.
"It's baffling that even as the government recognizes that bias-based policing is patently unacceptable, it gives a green light for the FBI, TSA, and CBP to profile racial, religious and other minorities at or in the vicinity of the border and in certain national security contexts, and does not apply the Guidance to most state and local law enforcement."
Murphy said the new policies are "not an adequate response" to the racial profiling crisis in the U.S. and asked President Barack Obama to have federal, state and local agencies adhere to the law and stop biased profiling.
According to Holder, he has made repeatedly made clear that law enforcement practicing racial profiling "is not only wrong, it is misguided and ineffective -- because it can mistakenly focus investigative efforts, waste precious resources and, ultimately, undermine the public trust."
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