All too often we see instances of ethnic and religious profiling and discrimination aimed specifically at the Arab, Muslim, and South Asian American and other communities of color. Members of the National Network for Arab American Communities see clients everyday who face profiling in many forms, whether while traveling, seeking housing, interacting with law enforcement or at the workplace. In order to end profiling and protect the civil liberties and human rights of everyone, we recommend:
- Congress should introduce and pass the ―End Racial Profiling Act. ERPA would ban profiling based on race, religion, ethnicity and national origin at the federal, state and local level.
- The Administration should revise the 2003 Department of Justice Guidance on racial profiling to eliminate the border and national security loopholes; to cover surveillance activities; include profiling based on religion and national origin; to apply anywhere federal agents act in partnership with state or local law enforcement agencies and to any agency that receives federal funds; and to ensure that the guidance is enforceable.
- Eliminate Department of Homeland Security programs that result in racial profiling. Programs such as 287(g), Secure Communities and the Criminal Alien Program make the community more susceptible to racial profiling and although they are presented as solutions to national
security, they actually make our communities less safe.
- Provide a Viable Way to be Removed from Terrorist Watch-Lists: Currently, many people from the above mentioned communities are repeatedly stopped and detained while traveling internationally. These are not isolated incidents; rather many of the same people are stopped every time they attempt to re-enter the U.S. There must be a viable way for people to be permanently removed from these watch-lists once they are cleared, rather than being subjected to consistent detentions and searches. One proposed solution includes updating information for specific passport numbers. Often times when people are stopped, their passport is swiped and they are flagged because of mistaken identity. Instead of continually being stopped, if a mistaken identity is confirmed, that person’s passport file, specific to their passport number, should be updated to reflect that this is not the person of interest, but rather a case of mistaken identity, ensuring the person is therefore cleared to pass without additional scrutiny or stops while traveling.
- Harsher Punishments for Profiling and Discrimination: Often, people from the Arab, Muslim, and South Asian communities are subjected to profiling and discrimination in various sectors, including housing and employment. There must be harsher punishments and more strict regulations to prevent profiling and discrimination on all levels.
