Racial profiling is allowed in pursuit of terrorists but not in routine police work, according to new Justice Department guidelines for federal law enforcement.
The rules are the culmination of nearly two years of work commissioned by President Bush, Reuters reported.
 Ralph Boyd, assistant attorney general for civil rights |
“Today’s guidance … is the clearest and most comprehensive statement and guidance regarding the consideration of race and ethnicity in law enforcement activities from any administration ever,” said Ralph Boyd, assistant attorney general for civil rights.
Bush ordered Attorney General John Ashcroft to address the issue after Ashcroft faced opposition during his nomination process from civil-rights leaders and Democrats who accused him of being racially insensitive, Reuters said.
Under the guidelines, race and ethnicity cannot be a factor in a federal officer’s decision to stop a motorist. However, it can be used if “trustworthy information” links persons of a particular race or ethnicity to a crime or criminal organization.
Officers trying to prevent a terrorist attack also can use race and ethnicity in their pursuit of a suspect.
“Federal law enforcement officers who are protecting national security or preventing catastrophic events (as well as airport security screeners) may consider race, ethnicity and other relevant factors to the extent permitted by our laws and the Constitution,” the guidelines said.
Officials said while the guidelines apply only to federal officers, they hoped they would serve as a model for state and local police.
Critics said the guidelines have too many loopholes.
“It looks to me that it is more interested in carving out exceptions to racial profiling than it is in enforcing a ban,” said Miriam Gohara, an attorney with the NAACP Legal Defense Fund, according to the Associated Press.
Laura W. Murphy, director of the American Civil Liberties Union’s Washington office, said Congress should pass a law to ensure state and local police are affected.
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