Legalizing Profiling Will Eliminate Key Protections To Protect All Americans
From The Senate Judiciary Committee Majority Staff
S. 744: The Border Security, Economic Opportunity, and Immigration Modernization Act
Legalizing Profiling Will Eliminate Key Protections to Protect All Americans
An amendment offered today Grassley49 during the Judiciary Committee’s consideration of the Border Security, Economic Opportunity, and Immigration Modernization Act will legalize country of origin profiling. A similar amendment (Sessions39) has also been filed that would allow racial and ethnic profiling.
Grassley49 Eliminates the Prohibition on Law Enforcement from Considering Country of Origin
The Border Security, Economic Opportunity, and Immigration Modernization Act includes language that limits the circumstances in which federal law enforcement officers can consider race or ethnicity in specific investigations.
The bill already includes language stating that law enforcement may only consider race or ethnicity to the extent that it is “relevant to the locality or time frame, that links persons of a particular race or ethnicity to an identified criminal incident, scheme or organization. This standard applies even where the use of race or ethnicity might be lawful.”
Instead, Grassley49 would allow for expansive country of origin profiling, instead of limiting it to instances where the facts and circumstances would justify the practice.
If adopted, Grassley49 will permit increased country of origin profiling, eliminating critical civil liberties protections for immigrants and threatening the civil liberties of all American citizens.
No part of the Border Security, Economic Opportunity, and Immigration Modernization Act restricts federal law enforcement from engaging in lawful police activity as provided under current law. Nothing in the legislation would restrict law enforcement from using a physical description to pursue suspects and leads in investigations. The bill merely prohibits officers from using race or ethnicity as the ONLY basis to target communities.
Replacing the carefully crafted language in the underlying bill with the sweeping statement proposed by Grassley49 opens the door to increased racial profiling by law enforcement, and removes important protections included in the bill.
David Carle: 202-224-3693
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