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An ACLU Report

Eliminate the “national security” loophole in extremely complex and difficult to underthe Bush administration's guidelines, stand. Poor ensorcement carries with it countRegarding the Use of Race hy Federal Law less damaging consequences, including Enforcement Agencies, that allows for blatant improper and inconsistent cnforcement, and discriminatory targeting of innocent destruction of community trust and cooperaArabs, Muslims and South Asians. Further, tion and corrosive effects to the ability of these guidelines must be made stronger police to identify and interdict crime and terthrough law and cxccutive order.

rorism in America's citics.

more

Pass the End Racial Profiling Act (ERPA). Do not conflate criminal law enforcement While the racial profiling cpidemic has with civil immigration law enforcement. becomc

pervasive since 9/11, Names of people with minor immigration vioCongress has yet to act to put an end to this lations should not be entered into National unlawsul practice. ERPA is a good first step Crime Information Center system. This dalatoward addressing traditional racial profil- basc is accessed by state and local police miling, driving whilc black or brown and some lions of times cach day, and will subject post-9/11 selective enforcement. It moves immigrants to the risk of unlawful arrest by beyond the rhetorical statements included in state and local police. the uncnforceable guidelines issued by the Department of Justice and implements vig. Abandon mandatory delention policies for orous ensorcement mechanisms, including non-citizens. Today il costs more than a milproviding legal recourse for victims injured lion dollars a day to hold non-cilizens in by racial profiling.

detention.?“ Most of thcsc dctainces, howev

er, pose no threat to society and pose little End all registration. The continuing require- slight risk is released. The mandatory delenments, including restricted entry and exil for lion laws should be moderated to relieve those who registered, arc discriminatory and strain on the system and comport with basic ineffective. The government must give ade- notions of justice and the prevention of arbiquale and fair notice of immigration regula- trary detention. lions and leniency where it has failed in that respcct.

Return to open government. The administra

tion has consistently refused to release the Reverse the Justice Department's legal opin- names of the detainees. Who are they and ion in support of state and local enforcement what happened to them? We may never know of immigration laws. One of thc foremost rec- bccausc the Supreme Court declined to hcar ommendations to ameliorate the harmful our claim that the Freedom of Information ellects of racial, ethnic and religious origin Act and the First Amendment grants the pubbased profiling is the repcal of thc Justicc lic the right to obtain access to the names of Department's Office of Legal Counsel opin- thc pcoplc detained. The court's refusal to ion that seeks to permit, and force, local, state hear the case means that this could happen and regional police officers to ensorce immi- again, but it doesn't have 10. The blanket gration law, a task for which thcy arc not closing of immigration hcarings of Arab and trained, not funded and is contrary to the Muslim men must end, and be replaced by a scope of their purpose. Immigration law is case-by-case analysis. ** Vanessa Waldref, Catholic Legal Immigration Network, Inc. Telephone interviow's. Jan. 27, 2004.

SANCTIONED BIAS: Racial Profiling Since 9/11

CONCLUSION

Department of Justice more likely to be terror

ists, it will investigale, detain, interrogale and The practice of profiling by race, ethnicity, reli- depori more Muslims or Arabs, consequently gion or national origin runs counter to what is ating a numcrical basis for the initial bclicf. arguably thc corc principle of American democracy: that humans are created equal, and Numcrous law cnforcement officials bclicve are entitled to be treated equally by the govern- that racial, ethnic, religious or national origin ment, irrespective of immutable characteristics profiling actually poses a national security risk. like skin color, faith and cthnic or national ori- If you are an airport screener and you believe gin.

that every terrorist is going to be Middle

Eastern, you are not going to look as hard at The argument for bias in policing is a self-ful- people of other ethnicities. In addition, biasfilling prophecy. If blacks are considered by based profiling - because of its lack of specipolice to be more likely to commit crimes, they ficity -- wastes resources and incffectively allowill be stopped and investigated more than cates personnel. whites, and thc "crime ratc" among blacks will incrcase. Likewise, if the police concentrated At stake in the fight to end racial profiling arc their efforts on white citizens, they would find the fundamental principles of democracy upon an increased hil rale among whiles as well. If which our country is based. Those principles Arabs or Muslims are considered by the deserve our vigorous protection.

OTHER SAFE AND FREE REPORTS

America's Disappeared: Seeking International Justice For Immigrants Detained After September 11 (January 2004)

A New Era of Discrimination? Why African Americans Should Be Alarmed About the Ashcroft Terrorism Laws (September 2003)

Unpatriotic Acts: The FBI's Power to Rifle Through Your Records and Personal Belongings Without Telling You (July 2003)

Seeking Truth From Justice: PATRIOT Propaganda - The Justice Department's Campaign to Mislead The Public About the USA PATRIOT Act (July 2003)

Independence Day 2003: Main Street America Fights the Federal Government's Insatiable Appetite for New Powers in the Post 9/11 Era (July 2003)

Freedom Under Fire: Dissent in Post-9/11 America (May 2003)

Bigger Monster, Weaker Chains: The Growth of an American Surveillance Society (January 2003)

Insatiable Appetite: The Government's Demand for Unnecessary Powers After September 11 (October 2002)

Civil Liberties After 9/11: The ACLU Defends Freedom (September 2002)

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REPORT, AMERICAN CIVIL LIBERTIES UNION, “UNPATRIOTIC ACTS,” JULY 2003

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