Stand up for the facts!

Our only agenda is to publish the truth so you can be an informed participant in democracy.
We need your help.

More Info

I would like to contribute

Joshua Gillin
By Joshua Gillin December 8, 2016
← Back to Ban racial profiling by federal law enforcement agencies

Without a new law, Justice Department updates racial profiling guidelines

President Barack Obama had worked earlier in his career to curb racial profiling, but when he reached the Oval Office he found it wasn't as high of a priority for Congress.

Obama had helped pass an anti-profiling law as a state senator in Illinois, and cosponsored a similar bill, the End Racial Profiling Act, as a U.S. senator for the state. But overall, there was little effort by lawmakers to follow up.

Democrats in the House and Senate have been introducing ERPA bills since 2001. Versions of the bill (the last was in 2015) prohibited federal agencies from using racial profiling, allowed people to sue for damages from being profiled and tied federal funding for state and local law enforcement agencies to anti-profiling guidelines.

The White House supported these bills to varying degrees during Obama's two terms, but with no bill making it to a vote in the House or Senate, Obama had nothing to sign into law.

Several cases in which local police officers killed unarmed black men in places like Ferguson, Mo., New York and Cleveland led Obama's Justice Department to institute new personnel rules to try to ease racial profiling.

In December 2014, Attorney General Eric Holder announced his agency had banned racial profiling from national security cases. FBI agents were directed not to consider national origin, religion, gender, sexual orientation or gender identity when opening cases, as well as race and ethnicity. These were guidelines for state and local agents if they were acting as part of federal cases, but they weren't binding.

"As attorney general, I have repeatedly made clear that profiling by law enforcement is not only wrong, it is profoundly misguided and ineffective," Holder said. "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."

The White House also announced in 2014 a new task force on 21st century policing to help identify new and better ways for law enforcement to interact with their communities.

In 2016, the Justice Department said it would continue to help implement the task force's findings. The department then said it would train law enforcement agents to recognize and address implicit bias — underlying prejudices of which agents might otherwise be unaware.

No racial profiling bill passed Congress during Obama's administration, but his Justice Department did overhaul its rules to address racial profiling. We rate this a Compromise.

Our Sources

Washington Post, "Justice Dept. announces new rules to curb racial profiling by federal law enforcement," Dec. 8, 2014

WhiteHouse.gov, "President Obama Announces Task Force on 21st Century Policing," Dec. 18, 2014

U.S. Justice Department Community Oriented Policing Services, "Final Report of the President's Task Force on 21st Century Policing," May 2015

U.S. Justice Department Community Oriented Policing Services, "Department of Justice Announces Initiative to Advance 21st Century Policing," May 23, 2016

U.S. Justice Department, "Department of Justice Announces New Department-Wide Implicit Bias Training for Personnel," June 27, 2016

Illinois General Assembly, SB 30, accessed Dec. 5, 2016

Congress.gov, S. 1670, accessed Dec. 5, 2016

Congress.gov, HR 3618, accessed Dec. 5, 2016

Congress.gov, S. 2481, accessed Dec. 5, 2016

Congress.gov, HR 1933, accessed Dec. 5, 2016

Interview with Michael Lieberman, Anti-Defamation League Civil Rights Policy Planning Center director, Nov. 15, 2016