Attorney General Eric Holder on Monday announced new limits on racial profiling, extending the prohibition of the practice by federal law enforcement to cover religion, sexual orientation and gender.
However, the new rules do not apply to local police departments, now under the microscope in the wake of black suspects being killed by white officers in Ferguson, Mo., and New York City.
The long-awaited update on racial profiling comes as the administration is attempting to overhaul police practices in predominantly minority communities and as President Obama tries to assuage growing criticism of his approach to racial issues.
“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 Monday. “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.”
President George W. Bush banned profiling in 2003, but that guidance applied only to race — except in areas of national security.
The Obama administration’s new rules will cover federal law enforcement officials but are solely guidance for state and local police officers, unless they are participating in federal investigations, according to the Justice Department.
However, civil liberties groups are already protesting exemptions to the new policies, including screenings at the border, airports and other ports of entry.
Six months ago, the White House instructed the Justice Department to extend the guidelines to as many federal agencies as possible.
Within the Justice Department, the rules are seen as one of Holder’s final legacy items before leaving office. Loretta Lynch, Obama’s selection to replace Holder, will likely receive a confirmation vote in early 2015.
Holder said the rules would produce real changes demanded in minority communities.
“In all activities other than routine or spontaneous law enforcement,” Holder said, “officers may consider the listed personal characteristics only to the extent there is trustworthy information, relevant to the locality or timeframe, that links individuals with a listed characteristic to a particular criminal incident, criminal scheme, organization, a threat to national or homeland security, a violation of federal immigration law or an authorized intelligence activity.”
