Racial Profiling Background
Racial profiling occurs when law enforcement agents rely solely on race, ethnicity, national origin, or religion in deciding whom to target for criminal investigation. This practice violates US law and international human rights treaties that guarantee equal justice under the law. Police should not and may not use race, ethnicity, or religion as a basis for criminal suspicion.
Both the President and Attorney General have vowed to end racial profiling, calling it "wrong in America." But current law enforcement guidelines do little to stop officials from relying on race or ethnicity when deciding to initiate traffic stops or other investigative activities.
According to the U.S. Constitution and international treaties and law, every person has the fundamental right to equal protection under the law regardless of race, ethnicity, religion, or national origin. Racial profiling is an insidious violation of human rights that can affect people in both public and private places – in their homes or at work, or while driving, flying or walking. Racial profiling by law enforcement instills fear and distrust among members of targeted communities, making them less likely to cooperate with criminal investigations or to seek police protection when victimized. Multiple studies have shown that when police focus on race, even as one of several predictive factors, they tend to pay less attention to actual criminal behavior. This is a dangerous trend that can inhibit effective law enforcement and ultimately can endanger the lives of all persons who depends on law enforcement for protection.
Historically, racial profiling in the United States has been viewed as an issue that primarily affects African American, Native American and Latino/Hispanic communities. However, since September 11, 2001, some aspects of law enforcement have led to much more wide spread racial profiling, affecting Arab American, Muslim American, and South Asian American communities, as well as members of other communities perceived to originate from the Middle East. Targeting people for investigation based on arbitrary factors such as their race, religion, ethnicity or national origin is not only an ineffective investigation tactic, it is profoundly unjust.
- The End Racial Profiling Act would:
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- Prohibit the use of racial profiling based on race, religion, ethnicity or national origin.
- Institute programs to eliminate racial profiling in local, state and federal law enforcement by general prohibition, monitoring tactics, establishing procedures for receiving, investigating and responding to complaints and create procedures to discipline agents who engage in racial profiling.
- Allow the Attorney General to withhold grants from law enforcement agencies not complying with the Act and to provide grants to agencies to encourage compliance with the Act.
- Mandate that the Attorney General submit an annual report to Congress on racial profiling by federal, state and local law enforcement.
- AMNESTY INTERNATIONAL USA RECOMMENDATIONS:
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- Congress should pass the End Racial Profiling Act.
- Congress should urge law enforcement agencies to protect fundamental civil and human rights enumerated in the US Constitution and in international laws and treaties, especially when investigating crimes.
- Law enforcement agencies should hold accountable officers who deny equal protection under the law to individuals by engaging in racial profiling.
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