U.S. to Expand Rules Limiting Use of Profiling by Federal Agents

Matt Apuzzo, New York Times, January 15, 2014

The Justice Department will significantly expand its definition of racial profiling to prohibit federal agents from considering religion, national origin, gender and sexual orientation in their investigations, a government official said Wednesday.

The move addresses a decade of criticism from civil rights groups that say federal authorities have in particular singled out Muslims in counterterrorism investigations and Latinos for immigration investigations.

The Bush administration banned profiling in 2003, but with two caveats: It did not apply to national security cases, and it covered only race, not religion, ancestry or other factors.

Since taking office, Attorney General Eric H. Holder Jr. has been under pressure from Democrats in Congress to eliminate those provisions. “These exceptions are a license to profile American Muslims and Hispanic-Americans,” Senator Richard J. Durbin, Democrat of Illinois, said in 2012.

President George W. Bush said in 2001 that racial profiling was wrong and promised “to end it in America.” But that was before the terrorist attacks of Sept. 11. After those attacks, federal agents arrested and detained dozens of Muslim men who had no ties to terrorism. The government also began a program known as special registration, which required tens of thousands of Arab and Muslim men to register with the authorities because of their nationalities.

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It is not clear whether Mr. Holder also intends to make the rules apply to national security investigations, which would further respond to complaints from Muslim groups.

“Adding religion and national origin is huge,” said Linda Sarsour, advocacy director for the National Network for Arab American Communities. “But if they don’t close the national security loophole, then it’s really irrelevant.”

Ms. Sarsour said she also hoped that Mr. Holder would declare that surveillance, not just traffic stops and arrests, was prohibited based on religion.

The Justice Department has been reviewing the rules for several years and has not publicly signaled how it might change them. Mr. Holder disclosed his plans in a meeting on Wednesday with Mayor Bill de Blasio of New York, according to an official briefed on the meeting who spoke on the condition of anonymity because the conversation was private.

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As written, the Justice Department’s rules prohibit federal agents from using race as a factor in their investigations unless there is specific, credible information that makes race relevant to a case.

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The rules cover federal law enforcement agencies such as the F.B.I. They do not cover local or state police departments.

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