Grassley49 & Sessions39: Legalizing Profiling Will Eliminate Key Protections to Protect All Americans #cirmarkup

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.

 

About David Leopold
Past President American Immigration Lawyers Association (AILA), In-the-Trenches practicing immigration Attorney, Blogger, Activist, Photographer, Educator, World Traveler. All opinions are my own.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: