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Laura W. Murphy

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The Three Faces of Racial Profiling: The ACLU Connects the Dots

Posted: 10/20/11 05:15 PM ET

In recent weeks, local police have been circulating predominantly Hispanic neighborhoods in Alabama, asking those standing on the street to go inside their homes or face arrest — all because the state passed a law requiring police to be immigration agents.

During the past decade, as international terrorism became a subject of intense concern, Arab Americans and South Asian Americans have been spied upon, stopped, questioned and subjected to intensified inspection based on their racial characteristics rather than any evidence of wrongdoing.

And for more than a century, black men and women traveling through predominantly white neighborhoods have been questioned for no reason — simply because police officers felt they didn’t belong there.

Before there was even a name for it, racial profiling has been engrained in our country’s law enforcement practices. But racial profiling not only goes against our Constitution and our country’s value for equality -- it also hinders law enforcement officials from doing an effective job.

For years, many of our political leaders have vowed to put an end to racial profiling. Attorney General Eric Holder has made it clear that ending the practice of racial profiling is a "priority" for the Obama administration. And certain members of Congress have echoed that sentiment, by introducing S. 1670, the End Racial Profiling Act of 2011 (ERPA), in the U.S. Senate on Oct. 6. The law also will be reintroduced in the House, and should receive bipartisan support.

The law would take concrete steps toward eliminating the practice of making a group of people subject to heightened scrutiny based on race, ethnicity, religion or national origin. ERPA is a laudable starting point, not a complete remedy, because the operational lines between legitimate practices and illegal profiling have become dangerously blurred at our borders, in our airports, and on our streets and freeways. It will take sustained vigilance to make these boundaries meaningful and to ensure that anyone violating them faces consequences.

Now is the time for us to come together and end this unlawful practice. Racial profiling is ineffective, erodes public trust in law enforcement and violates the Constitution. It has no place in American life.

In the coming days, through a blog series on “The Three Faces of Racial Profiling,” it will become evident the damage that racial profiling has done to many Americans. At the core, racial profiling is about discrimination, not about keeping our communities or our country safe.

 
 
 
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DUSAA-1775
never moon a werewolf
06:40 AM on 10/21/2011
....' In recent weeks, local police have been circulating predominantly Hispanic neighborhoods in Alabama, asking those standing on the street to go inside their homes or face arrest...'

How foolish for a lawyer who wants to be taken seriously, to start out with such an absurd statement.
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HUFFPOST SUPER USER
Richard Genco
11:39 PM on 10/20/2011
Every time I go into a black and Hispanic area I get pulled over because I am white. Is that not also racial profiling?
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HUFFPOST SUPER USER
Marisa Stein
~I solemly swear that I am up to no good~
09:20 AM on 10/21/2011
F & F LMAO
11:36 PM on 10/20/2011
Speaking of racial profiling, isn`t it a major problem in a Dem State like California as well?
11:34 PM on 10/20/2011
If rtacial profiling is unconstitutional, why did President Clinton employ it as Sen Bill Bradley pointed out in the 2000 presidential nominating debates with Gore?
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HUFFPOST SUPER USER
Katherine Schock
Over the hill,liberal,organic gardener
10:52 PM on 10/20/2011
Ms. Murphy, I am looking forward to the series you mention on The Three Faces of Racial Profiling! As our country was supposedly built on a variety of people of different ethnic origins, where did we lose our way? I remember growing up with children of people who came to America from many different countries and have never understood what made any one of them any better (or worse) than me. I once saw a story on race and ethnicity where the one person asked another what should I call you (as in Caucasian, African-American, European, etc.) and the other person answered, my name is Susan. Perfect answer, in my opinion! Wherever our ancestors came from, we are all human beings and deserve dignity and respect for that, regardless of ethnic differences. Thanks for the post, am looking forward to the series of blog posts!
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WI Patriot
Defending the Constitution.
09:32 PM on 10/20/2011
If "Isobel Gomez" would be in this country legally, like the millions of others before her - then there would be no problem.

What does race have to do with it again?
HUFFPOST SUPER USER
shooter486
I am the 53%
08:01 PM on 10/20/2011
ACLU needs to complain about racial profiling as it is not onle very effective, but it is currently used by the Border Patrol. claiming it is unconstitutional is also wrong.

It is a tool, not the only means of enforcement.

Look at how we physically search old ladies and kids in the search for terrorists. I'll give you a hint. they are not white, they are not over 50, and they are not female. Why would you ever waste your time looking away from those that are the 99.99% so you can fell good by focusing on the 0.01%.

Do you really think the ACLU is for all of America, or an extrmely small number of them?
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HUFFPOST COMMUNITY MODERATOR
Skepticat
Supporting skeptical felines everywhere
09:13 PM on 10/20/2011
And just Whom is all America - just white folks, rich folks, Latvian dwarves, Albanian pastry chefs, Hoosiers, members of the Elks, ?
Truth be told America like most countries is a mixture of huge numbers of minorities based on age, rage, nationality, occupation, place of birth, place of residence, marital or financial status etc. Any time you start singling out any group of people for harrassment based on appearance alone rather than probable cause - everybodies rights get slightly diminished. I'm a white guy now 65 - but back in my late teens early 20's I was a night owl and regularly stopped by police because I belonged to a male demographic generally responsible for most crime. Seemed wrong then - and doing it to someone else without cause doesn't make it any more right today.
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Sahuaro
Molded by Gilligan, Hogan, Darrin, 99, Spock, &Ayn
06:27 PM on 10/20/2011
I'm not sure why the ACLU is so concerned about racial profiling. Arizona's Immigration Bill includes a clause that prohibits its use, and I'd be surprised if Alabama was stupid enough not to include a similar clause.

I was at Sequoia National Park last week, and it was easy to find foreigners. A racial profiler would have missed them all.
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KenLowJr
Long on the tooth
07:43 PM on 10/20/2011
And just how does Arizona LE do its job without profiling? If someone "appears" to be illegal is that not cause to be detained? BTW, what does an illegal look like? Or does LE follow that person around until the "right" moment. You people haven't a clue. Who would more likely be detained, a white person or a brown one? That clause you refer to was put in to appease critics and carries no specifics. So, you can easily spot foreigners? You'd be dangerous at a police line up.
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Dh Barr
Bringing Clues to the Clueless
09:00 PM on 10/20/2011
Let me see - if I am a law enforcement officer in Arizona and I stop someone that has no documents, or only documents from a neighboring country (say Mexico), and they don't speak English, I think it would be a reasonable suspicion that they might not be a citizen of the US and that we might want to conduct an immigration check. As I remember, legal immigrants and visitors are required by federal law to carry their documents with them.
Now for the "Stop" itself - the need for an immigration check (as determined above) was subsequent to any other stop that a LE officer might make. If you get pulled over for a broken tail light, or having expired tags - they might decide to make a check if say, you didn't have a drivers license and didn't speak english.
Given that we trust police officers with weapons and the ability to dispense lethal force based solely on their judgement of a given situation, I think I can trust them to handle this check is a responsible manner.
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Sahuaro
Molded by Gilligan, Hogan, Darrin, 99, Spock, &Ayn
10:53 PM on 10/20/2011
Any officer who detains someone because they "appear" to be illegal will be out of a job. You wouldn't have asked that had you read our law.

In the Zone we have a simple test to detect racists. Anyone who can't figure out a way to enforce our immigration law without profiling tests positive.
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HUFFPOST COMMUNITY MODERATOR
Skepticat
Supporting skeptical felines everywhere
09:24 PM on 10/20/2011
I'm a 65 year old florid white guy. Give me an embroided eagle jacket and I could "pass" for tea party - long as I didn't think very much. I can slip into a New England accent within seconds - yet I'm one of those "furrin" Canuckistanis. Betcher couldn't tell - eh?
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Marisa Stein
~I solemly swear that I am up to no good~
09:31 AM on 10/21/2011
you have the stench of liberal about you, I'm sure they'd smell your deception