Justice Department Issues New Guidelines Barring Racial Profiling by Federal Agents

Devlin Barrett, Wall Street Journal, December 8, 2014

Attorney General Eric Holder on Monday laid out new guidelines [Editor: Here they are.] against racial and other types of profiling, citing law-enforcement cases that have sparked protests even as the new federal policy wouldn’t affect local police.

The federal government since 2003 has banned profiling on the basis of race or ethnicity, though it has made an exception for national-security investigations. The new policy also will bar profiling on the basis of religion, gender, national origin, sexual orientation or gender identity, according to officials.

But the new policy won’t apply to screening at borders and airports, where Department of Homeland Security personnel have long given extra scrutiny to people from certain countries.

The policy also doesn’t apply to local or state law enforcement, beyond those personnel assigned to federal task forces. Because of that, the rules don’t speak to the cases involving Michael Brown, who was shot and killed by a Ferguson, Mo., police officer, and Eric Garner, who died after being put in an apparent police choke hold in New York City. {snip}

Concerns about racial profiling on the part of civil-liberties groups mostly have to do with traffic stops and pat-downs of pedestrians. Because federal law-enforcement agents rarely engage in those activities, barring them from profiling may have little impact on how and why people are stopped in their everyday lives.

Still, Mr. Holder cited the recent cases as a reason for the new policy, and he said he would encourage local authorities to adopt the same guidelines. “Particularly in light of certain recent incidents we’ve seen at the local level and the widespread concerns about trust in the criminal justice process . . . it’s imperative that we take every possible action to institute strong and sound policing practices,” he said.


Federal agencies including the Federal Bureau of Investigation and Drug Enforcement Administration have long said racial profiling isn’t part of their law-enforcement work. In internal discussions about the policy, the FBI has resisted efforts to restrict considerations of religion and national origin or ethnicity in counterterrorism investigations, because those things may be relevant factors to such an investigation, according to people familiar with the discussions.

The new policy allows federal agents to consider such factors only if there is information that links people with a particular characteristic to a specific scheme, organization or threat, and if the law-enforcement officials believe such investigation is merited under the totality of the circumstances, according to a person familiar with the new policy.


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  • MekongDelta69

    Justice Department Issues New Guidelines Barring Racial Profiling by Federal Agents

    NOT TRUE. They will ALWAYS profile Whites

  • JohnEngelman

    I am in favor of race profiling, and stop and frisk policies by the police. I have been stopped in frisked. I had not been doing anything wrong. I had nothing to worry about.

    • LexiconD1

      When I worked in South Central Los Angeles, third shift, doing grocery sales, I got stopped regularly. At least until the police got use to seeing me. They began waving at me, after a while, when I’d pass them. Once, when I went on vacation, they actually called my boss to find out if anything happened to me.

      A white female, in her 20’s, driving a red convertible stuck out like a soar thumb in a LA ghetto…

      Never bothered me.

      • none of your business

        I used to know an official in the San Francisco Bay Area teamsters union. The meeting hall was in downtown Oakland at the time. Every once in a while he would have to stay for an evening meeting. Every time he left after those evening meetings he would be pulled over because the cops thought he was after either drugs or prostitutes.

    • Itooktheredpill

      I have been stopped and frisked twice at union square in NY. Delayed me for all of 60 seconds….I wonder why? White privilege of course.

      It definitely had nothing to do with the fact that I had nothing illegal on me and I did not cause any problems. No no no white privilege for sure.

  • Yves Vannes

    The justice department forced the Seattle police dept to follow similar guidelines a few years ago. Crime has gone up 13%.

    • sophie1150

      This is exactly why we need to vote for people that reflect our values. It is only common sense that certain groups of people commit the most crimes. I voted for Obama twice and with that comes Holder and the race baiting tax evader Sharpton. The economy and home values have improved but so has crime. The words PC and racism need to be tossed in the dump. Would you want to be a police officer or a teacher in our public schools? Every generation has social problems (along with a bag filled with other issues) and I hope by 2020, we can say, well done.

      • The All Seeing Bry

        Out of curiosity, what made you vote for Obama?

        • sophie1150

          Eight years of George Bush. Although McCain was far more qualified compared to Obama, I was concerned that we had 2 wars going and this country was going thru a second depression. Reagan wasn’t qualified but he planned to appoint experienced people to his cabinet and I thought Obama would do the same. Race was never an issue for me but the situation with Donald Sterling cause me to examine my beliefs and values. Bry, hope I answered your question.

          • The All Seeing Bry

            Fair enough. McCain is a psychopath as is Obama.

            I’m glad to see some current events have opened some people up to race realism. That has been the only bright side of the whole Ferguson thing.

          • sophie1150

            I agree.

  • This only applies to Federal law enforcement, and at that, not all. This is one nuance that Obama and Holder hopes that its low information undertow base doesn’t pick up on.

  • RHG

    Of course racially profiling white males as “serial killers” will still be accepted practice.

    • SaggyGenes

      Countless blacks are potential serial killers but lack the IQ to get away with it for a while.

      • Urbane Neanderthal

        If you look at objective stats, Whites are actually under-represented in the serial killer category.

        • Earl P. Holt III

          True, dat !

        • Reynardine

          Does this mean we get Affirmative Serial Killer Action now?

      • Earl P. Holt III

        They also have the advantage of operating in a milieu where no one cooperates with police, no one thinks it odd that nearly everyone wears “hoodies” at night, and where no one’s family thinks it the least bit odd that one might disappear for hours at a time with little or no explanation for one’s whereabouts, and where one’s family is stupid enough to believe that all those red stains on one’s clothing are ketchup…

        • none of your business

          Don’t mean days at a time? I remember that black guy in Atlanta who murdered more than 20 young black adults and teens. Some of the boys were as young as 14. But dey mamas din know dey be gogh fo days.

      • none of your business

        Blacks are way overrepresented in serial killings according to FBI stats.

    • Earl P. Holt III

      The CofCC made a list of all the black serial killers, and I do believe there are more of the latter than there are white serial killers. It only stands to reason that the “demographic” associated with more murders in more countries than any other, should also lead the world in serial murder…

      • Ron Cheaters

        Black serial murders are hushed, or not covered at all or there’s a diversion story – like the Rolling Stone article, created as a diversion for that black cab driver who killed that red-haired student (sorry I can’t think of the names).

  • rebelcelt

    If they are a minority , leave them alone…there is your unstated policy in a nutshell.

  • Bobbala

    Rest assured. We shall surely be safe from the hoards of elderly, white nuns …

  • superlloyd

    Holder is seeking and incrementally succeeding in making the undertow and by extension everywhere they roam ungovernable by neutering effective law enforcement.

  • Puggg

    It won’t affect non-Federal LEAs.


    The big worry is the way the DOJ extracts consent decrees from local LEAs.

  • Urbane Neanderthal

    97% of shootings in NYC are committed by blax or browns.
    The rest of the country is not that much different… but racial profiling is stupid…

    okie dokie there jeanyus.

    • Epiminondas

      You can never be too careful around those Amish. I never go into Amish neighborhoods.

      • Earl P. Holt III

        Careful out there among them Amish…

      • Reynardine

        They drive those Buggies so slow. Makes me worried they’re up to something, eyeing you through their tiny little windows.

    • SaggyGenes

      The presence of “black and brown bodies” (as anti-whites now call them for no apparent reason) is the single greatest predictor of an area’s violent crime rate.

      • Latino Nationalist

        Is that why El Paso is one of the safest cities in the U.S for the third year in a row? Don’t take my word for it.

        • Yancy Derringer

          “Neighborhood Scout” crime reports are more accurate than the popular one that gives El Paso high marks year after year. There’s much controversy about how that report counts El Paso’s violent crime, as a quick web search will reveal.

          Neighbohood Scout calculates a 27 violent crime rating for El Paso. It is safer than 26% of American cities, more dangerous than 73%.

        • Juggernaut3000

          Whose word should I take, then? The media? The government?

          Both have a long history of lying to the American people.


          http //www amren com/wp-content/uploads/2011/12/Hispanics-Report pdf

          • Hispanics are 3.3 times more likely to be in prison than whites; they are 4.2 times more likely to be in prison for murder, and 5.8 times more likely to be in prison for felony drug crimes.

          • Young Hispanics are 19 times more likely than young whites (and slightly more likely than young blacks) to be in youth gangs.

        • SaggyGenes

          El Paso is 80% Hispanic and 3% black. Ideally I want my neighbors to be white, but I would certainly prefer El Paso to an 80% black city. No question whatsoever.

          • Latino Nationalist

            Hispanics/Latinos are not inherently hostile towards Whites.

  • Epiminondas

    Is it still legal to be a white male Southerner?

    • none of your business

      No, or any kind of White male unless you are jewish or gay or both just to be safe.

    • Lkoehn

      Only if you don’t wear camo.

  • Luca

    Racial profiling is appropriate when used to control regarding crime, terrorism and diseases. But that simply makes too much sense.

  • none of your business

    Local law enforcement always profiles Whites for traffic tickets. That is because they know the Whites can and will pay the tickets. Last summer both Marin and San Mateo county town police, highway patrol and county sheriff’s set up roadblocks at 2/pm the fridays before Memorial day, 4th of July and Labor day to catch suburbanites who had a beer after work and they kept those roadblocks up all weekend.

  • HE2

    Guess this will mean the Feds cannot patrol our California National Forests where south of the border sleazebags are destroying ecosystems growing huge m.j. stands.
    To continue flyover scanning is definitely racial profiling. Only Mexican and Central American cartels are engaged in this activity.

  • Yves Vannes

    Good News: In a different kind of racial profiling case A Russian has bought James Watson’s Nobel Prize for nearly 5 million dollars. He will also return the medal to Dr. Watson. A stab in the eye to the guards in the PC Gulag. Now and honorable old man can live his remaining years in dignity.

    • none of your business

      Wow!!! I nearly cried when I heard he sold his medal. Now if just a few hundred thousand Whites gave just $10 or $20 apiece to officer Wilson he might be able to live decently as he will never be able to work again at any job. Name changes are public record you know.

      • Yves Vannes

        Hear people have already set up fundraising sites for him. Hear they did pretty well.

        • RationaliseThis

          Hopefully he will use his undoubted Scientiffic abillity and profile to repeat the message backed up by data. The man who received the Nobel prize for leading the team that invented the transistor, William Schockley, also spent time and effort exposing the IQ versus race data.

          It’s fairly obvious that we need a funds that can support those Whites that are victimsed as well as to lobby and provide data.

          Spending on the White cause, donations, are essential.

  • Jeff Traube

    Good news for thugs casing Federal Parks for victims . . . the blood toll for minority self-esteem

  • DaveMed

    The triumph of… something… over mathematics.

    What a joke.

  • none of your business

    The SEC better not profile the chosen people or they will be accused of anti semitism.

  • Whitesneedtobebrave

    We must profile Obama and Holder as traitors and Al Sharptongue and Jesse Jerkoooon as race card pulling rabble rousers.

  • RationaliseThis

    This seems to mean that the next hate crime hoax can’t immediately assume it was a White male.

    Likewise with the next serial killing, remember the beltway murderers, that turned out to black men with a component of racial and religious motivation. The anti profiling message in thst case had the effect of causing black suspects from being excluded from appropriate scrutiny. Serial killers are disproportionately Black. The media, White hating scriptwriters and Producers, has conditioned many of to think they are disproportionately White.

  • Ohmy!

    We have “educated idiots” (who lack common sense, reasoning powers) in high office. They want a “colorless” society, ignoring the actual differences that exist between races. What’s maddening is that these lawless creatures are using their power to enact their social agenda into the fabric of our society, apparently not taking into thought (or caring about) how their plan will affect our country long-term.

  • fgbrunner3

    The black crime rate is astronomical. Under Democratic leadership, urban America has become a jungle, where young black males prey on innocent black men and women.

  • Lkoehn

    If most acts of terrorism are committed by 17-45 year old male Arabs be sure that you check 70 year old white grandmothers thoroughly. If the vast majority of the crime in a black neighborhood is committed by black males between the ages of 17-45 be sure to stop and check anyone other then black males between the ages of 17-45. Does this sound like politically correct nonsense? And who will suffer the most from it? The residents of the black neighborhoods.

  • mike j

    Of course, the new guidelines do nothing to solve the “problem” of blacks being killed by LEOs while resisting arrest. Eventually, LEOs will be required kill unresisting whites to avoid any discrepancies. The only question is whether the number of whites and blacks killed by LEOs must be equal or proportional.

    • The political end game is that blacks are totally exempt from criminal law.

  • sophie1150

    We need a tough law and order President. Domestic issues are becoming more serious than international conflicts. Why hasn’t the horrific burning death of a 19 year old white female made national news? We all know who the suspects are but their race or skin color cannot be mentioned. Look how the news reacted to a black male trying to take a police officers gun. What kind of a world will your children be living in as adults?

  • Worse than that, there is next to nobody that abuses its power worse than Federal law enforcement. For the main reason is that local and state agencies at least have the threat of the DOJ, even though when they do it, it’s for the wrong reasons. But where do you go when the Feds abuse its power? Quis custodiet ipsos custodes?

    We’re still waiting on the Feds to indict Lon Horiuchi.

  • GB101

    doesn’t the exception for border security and airports prove that the Justice Department does indeed believe that profiling is effective?