ACLU: ‘Racial Profiling Remains Big Problem’

By Dorothy Rowley

Racial profiling remains commonplace among law enforcement, according to a new report. (Courtesy Photo)


(July 12, 2009) - Widespread racial profiling by law enforcement agents remains a pervasive problem throughout the United States, according to a new report by the American Civil Liberties Union and the Rights Working Group.

The report, released June 30, has been submitted to the U. N. Committee on the Elimination of Racial Discrimination.

The 88-page document also states that government policies are a major cause of the disproportionate stopping and searching of racial minorities by law enforcement officers.

Dennis Parker, director of the ACLU Racial Justice Program, said the report shows that racial profiling remains too much of a factor in American society.

"It shows that we have not taken the steps that we need to eliminate it and it’s a practice that affects the day- to-day lives of millions of Americans because of their race or the religion or their ethnicity," Parker said. "And it’s long past time that we take steps to address it."

Racial profiling affects large groups of people, but mostly African Americans and Latinos, according to the ACLU.

Racial profiling also cuts across many other demographic lines. Parker said its victims are treated as members of a group rather than individuals, and people are being interfered with in their everyday lives for reasons that are not justifiable.

Parker said there are several steps that can be readily taken to offset racial profiling.

Among them, he said, would be Congress’ passing the End Racial Profiling Act.

"[The bill] will make it possible for the first time on a nationwide basis to take steps to eliminate racial profiling," said Parker.

He added however, that the federal government also has to take a careful look at all of its policies, including those that seek cooperation with local law enforcement agencies.

"There are a host of questions [including a focus on training] that have to be undertaken on a federal and state basis in order to allow people the freedom to enjoy their lives without what amounts to harassment by the government," Parker said.

Jamil Dakwar, director of the ACLU Human Rights Program, stated in the report that as an Illinois senator, President Barack Obama had broadly championed legislation to end racial profiling – which has most frequently occurred in the southern states. Obama also co-sponsored the bill.

"He appointed an attorney general to the Department of Justice who has stated that racial profiling is not good law enforcement and is committed to combat his practice," Dakwar said of the president.

Last year, after more than a decade of fighting for justice on behalf of individuals who were racially profiled on Interstate 95 in Maryland, the ACLU of Maryland announced a landmark settlement had been reached with the Maryland State Police to end a so-called "Driving While Black" lawsuit.

The settlement required that the state police retain an independent consultant to assess its progress towards eliminating the practice of racial profiling, and substantial damages were provided to the individual plaintiffs.

The agreement also called for a joint statement by all parties involved in the lawsuit condemning racial profiling and highlighting the importance of taking preventative action against this practice in the future.

Gary Rodwell, a plaintiff in the lawsuit stated that after "more than 12 years after being wrongfully pulled over, harassed, and humiliated on I-95 in Maryland, he could finally tell his son that justice is possible.”

The ACLU’s latest racial profiling report came in response to a last-minute Bush administration submission to the U.N. committee this past January that was described as being plagued by "omissions, deficiencies and mischaracterizations."

In both its initial report to the committee in April 2007 and the follow-up submission in January, the Bush administration was said to have relied on the Justice Department's 2003 "Guidance Regarding the Use of Race by Federal Law Enforcement Agents" to support claims the government was taking steps to eliminate racial profiling.

However, the ACLU stated that the Bush report does not cover profiling based on religion or national origin, nor does it apply to state or local law enforcement agencies. It also fails to include any mechanisms for enforcement or punishment for violating the recommendations.

"Instead of curbing racial profiling, the overbroad national security and border integrity exceptions in the Justice Department, [the report] actually promoted profiling and created justification for state and local law enforcement agents to racially profile those who are or appear to be Arab, Muslim, South Asian or Latino," said Margaret Huang, executive director of the Rights Working Group.

"We hope the Obama administration will fix the failed policies of the Bush administration and live up to its commitment to end racial profiling in the United States."