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Home Front
Federal Officers Banned from Racial Profiling
2003-06-18
Well, not really...
The U.S. Justice Department on Tuesday issued guidelines that ban federal law enforcement officers from racial profiling in routine police work but allow the use of race and ethnicity to identify terrorist suspects.
So when you FBI guys are working a speedtrap? No profiling, okay?
With the approval of President Bush, the department sent all federal law enforcement agencies the guidelines forbidding officers from using race as a factor when they are conducting routine investigations. "Today's guidance ... is the clearest and most comprehensive statement and guidance regarding the consideration of race and ethnicity in law enforcement activities from any administration ever," said Ralph Boyd, assistant attorney general for civil rights. The guidelines forbid racial profiling in regular police work, even where such profiling would otherwise be permitted by the U.S. Constitution. For example, under the new rules, federal officers cannot use race or ethnicity when deciding which motorists to stop for traffic violations.
So what takes precedence here? Federal guidelines or the US Constitution? That's an easy answer. And I've yet to be pulled over by a Fed for a busted tail light.
But the rules allow race or ethnicity to be used when there is "trustworthy information" that links persons of a particular race or ethnicity to a criminal incident or organization. There is also a caveat for officers who are trying to prevent future attacks like those of Sept. 11, 2001. "The racial profiling guidance, therefore, recognizes that race and ethnicity may be used in terrorist identification," the Justice Department said in a statement.
...in that case, totally ignore these guidelines. Forget we even brought it up.
"Federal law enforcement officers who are protecting national security or preventing catastrophic events (as well as airport security screeners) may consider race, ethnicity and other relevant factors to the extend permitted by our laws and the Constitution," the guidelines said. Ibrahim Hooper, spokesman for the Washington-based Council on American-Islamic Relations, said the principle behind the new rules was good but there were too many loopholes. "Whenever you're talking about terrorism, that seems to be a code word for Muslims and Arabs," he said. "We're obviously pleased that they are trying to prohibit profiling but there seem to be loopholes. It might make one believe profiling will be prohibited except when it has to do with Muslims and Arabs."
Gee, wonder why that is, Ibby?
Civil rights organizations had complained that members of minority groups have been unfairly targeted by many police departments for searches and stops, constituting harassment. Shortly after taking office, Bush vowed to take measures to end racial profiling -- the practice of using a person's race as a reason to suspect them of breaking the law. He ordered Attorney General John Ashcroft, whose own nomination was opposed by many civil rights leaders and Democrats in Congress on grounds he was insensitive to racial issues, to address the problem. Nearly two years later, the Justice Department finished the guidelines and ordered the approximately 70 federal agencies that have a law enforcement role to follow the new rules.
So they wasted 2 years and how much money on figuring out these "feelgood" guidelines?
The guidelines are for federal officers only, but officials hope they would also be a model for state and local police.
Which is what I think was the whole aim of the thing in the first place. How much litigation would this be setting up the locals for? It's an ambulance chasers dream. Thanks, but no thanks.
Posted by:tu3031

#2  There are federal law enforcement officers that would be working the equivalent of a speed trap. Park rangers, wildlife officials, all have jurisdiction on federal land for even minor crimes. This will apply to them.

The guidelines/regs seem to be pretty common sense: no profiling unless there's a really, really good reason (terrorists).
Posted by: Steve White   2003-06-18 18:17:48  

#1  "Whenever you're talking about terrorism, that seems to be a code word for Muslims and Arabs,"

Three words, Ibby - high positive correlation.
Posted by: Raj   2003-06-18 14:32:28  

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