Racial Profiling

Racial profiling is law enforcement and private security practices that disproportionately target people of color for investigation and enforcement. The ACLU works on behalf of individuals who have been victims of racial profiling by airlines, police, and government agencies. Our work also encompasses major initiatives in public education and advocacy, including the creation of essential resources, lobbying for the passage of data collection and anti-profiling legislation, and litigation of airline and highway profiling cases.

Want to Restore Fairness to the Criminal Justice System? End Racial Profiling

By Alex Berger, Legislative Assistant, ACLU at 3:35pm

Just over a year ago, the Senate Judiciary Committee held its first hearing on racial profiling in over a decade on the heels of the murder of 17-year-old Florida resident Trayvon Martin.

His death gave a face to the terrible practice of racial profiling and brought new media scrutiny to the issue.

Over the years, many of our political leaders have recognized the injustice that results from racial profiling. President Obama and President Bush have both urged an end to this discriminatory practice. Former Attorney General John Ashcroft said racial profiling "needs to stop [because] every American has a right to look to law enforcement officials to protect their rights." These sentiments were echoed by Attorney General Eric Holder in 2009 in his testimony before the Senate Appropriations Committee.

Shhhh – What The FBI Doesn’t Want You to Know About its Racial Profiling Program

By Nusrat Choudhury, Staff Attorney, ACLU National Security Project at 12:40pm

The FBI is using a racial and ethnic mapping program to collect intelligence on American communities...

Profiling Muslims at the Airport

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 3:20pm

I finally had a chance to read this extended debate between the security-ologist Bruce Schneier and critic-of-religion Sam Harris (yes that Sam Harris) over whether we should profile Muslims in airport security.

First of all, Sam Harris performs a useful function by articulating a more sophisticated version of what is the intuitive position for many Americans, which runs something like: “we know who the danger is, it ain’t old ranchers from Texas or pretty blondes from San Diego—it’s Muslims, so let’s focus airport security on them.” (I hear this regularly myself when discussing airline security in public.) By fearlessly arguing for such profiling—which many people might quietly suspect makes sense—Harris sets it forth explicitly so that it can be explicitly debunked. And Schneier not only debunks it, he demolishes it.

The Constitution Applies When the Government Bans Americans From the Skies

By Nusrat Choudhury, Staff Attorney, ACLU National Security Project & Hina Shamsi, Director, ACLU National Security Project at 2:58pm

The government does not have the unchecked authority to place individuals on a secret blacklist without providing them any meaningful...

Racial Profiling at Logan Airport Undermines Security and Freedom

By Carol Rose, Executive Director, ACLU of Massachusetts at 6:10pm

Reports that the so-called "behavioral detection program" at Logan Airport leads to racial profiling is front-page news in today's Sunday New York Times. You have to admire the courage of the TSA screeners who raised the alarm that pressure from TSA management to meet quotas leads to targeting of passengers based on their race, ethnicity, and religion-- even when they clearly pose no terrorist threat.

7 Year-Old Boy Handcuffed for $5 'Robbery'

By Alison Silveira, Paralegal, Racial Justice Program, ACLU at 3:01pm

Five dollars is apparently all it takes to land a 7-year-old in handcuffs in a New York City public school these days.

Parents across New York City awoke Wednesday morning to the news that Bronx third-grader Wilson Reyes was pulled out of class, handcuffed and interrogated over the course of 10 hours at his elementary school, and later, at a local precinct. Reyes was charged with robbery after someone said he grabbed $5 that a classmate had dropped on the floor, causing a scuffle among several boys.

Time for Obama and Holder to Truly End Racial Profiling by Law Enforcement

By Laura W. Murphy, Director, ACLU Washington Legislative Office at 12:18pm

Why can’t President Obama and Attorney General Eric Holder do more to ban racial profiling in the United States?  Surely, more so than any of their predecessors, they can understand the injustice and humiliation racial profiling victims feel when they are treated as suspect because of the color of their skin.

Yet, after four years in office, they’ve made no revisions to the Justice Department guidance regarding the use of race in federal law enforcement issued by Attorney General John Ashcroft in 2003.  Ashcroft’s guidance was deficient: though it expressly banned racial profiling by federal law enforcement agencies, it left broad exemptions for national security and border integrity investigations.

Some Real Shock and Awe: Racially Profiled and Cuffed in Detroit

By Shoshana Hebshi, ACLU Plaintiff at 11:03am

It’s been more than a year since I was pulled off that Frontier flight at the Detroit airport for reasons I can only ascribe to discrimination and racial profiling. It was the end of a long trip home for me, but the beginning of a life-altering experience that has ultimately led me to shine a light on this great injustice. We often think of racial profiling as a problem that impacts other people. I am proof that racial profiling hurts us all.

Wearing a Hoodie While Brown Does Not Mean You Are in a Gang

By Courtney Bowie, Racial Justice Program at 5:00pm

On December 16, 2010, West High School officials in Salt Lake City, Utah invited the Metro Gang Task Force into the school to conduct a gang sweep. Students identified, searched and interrogated by the police were mostly Latino/a or, in the case of Kaleb Winston, African-American.  He was targeted by his school and by the Task Force as a potential gang member, searched and accused of being a tagger. As an artist, Kaleb had a notebook full of drawings in a backpack manufactured to look like it had been spray-painted. But because graffiti is loosely defined, if at all, the police decided Kaleb was a “gang tagger” despite his denials. Kaleb was then forced to hold up a sign with the words “My name is Kaleb Winston and I am a gang tagger.” Law enforcement officers told him that this information was being placed into a database and that the information would be removed if he did not get into trouble for two years. Kaleb was emotionally devastated by the experience. He is not and has never been in a gang. Yet, his attendance at school that day, not bad behavior, made him the subject of intense police scrutiny and he now lives with the fear that the police view him as a suspect.

Sheriff Arpaio, Racial Profiling is Illegal

By Alessandra Soler, ACLU of Arizona at 10:09am

As the immigration debate continues across Arizona, most pragmatic people seem to agree on a few undeniable facts: racial profiling is illegal. Stopping a motorist for no reason other than their skin color is wrong. Terrorizing American citizens under the guise of immigration enforcement is intolerable.

This week, a class action lawsuit brought by the victims of Maricopa County Sheriff Joe Arpaio’s racial profiling practices will get underway. These proceedings will hopefully change the way Arpaio runs the Sheriff’s Office and prevent future instances of discrimination. Among our goals: helping deputies return to pursuing outstanding felony warrants and child rape cases that have been ignored for years, rather than being forced to detain law-abiding citizens for “traffic violations.”

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