Federal Law Enforcement Officers Now on Tighter Leash When Profiling Suspects

Many federal employees will have to soon change the way they do their jobs, as the Obama administration unveiled on Monday major changes to racial profiling procedures at law enforcement agencies.

Attorney General Eric Holder announced an overhaul to federal profiling policies, prohibiting federal officers from “biased” law enforcement practices except in limited circumstances. Holder, who began his review of profiling policy when he took office in 2009, expanded the existing limitations on race and ethnicity-based decisions to include those made on gender, national origin, religion, sexual orientation and gender identity.

The guidance builds on a 2003 Justice Department memorandum that established racial profiling restrictions at the federal level. The new measures apply to state and local officers working on federal task forces.

The new policy prohibits federal law enforcement officers from using “in any degree” the listed characteristics when making “routine or spontaneous” decisions, such as traffic stops. Officers may consider identifying characteristics when there is “trustworthy information” linking someone with a characteristic to a threat to national security, a violation of immigration law and other circumstances.

When all the known members of a specific criminal organization or terrorist group possess a similar characteristic, “law enforcement should not be expected to disregard such facts” in investigating the group, the Justice Department said. The provisions carve out major exceptions at much of the Homeland Security Department, such as the Transportation Security Administration and Customs and Border Protection.

Jon Adler, president of the Federal Law Enforcement Officers Association, called the guidance “incredibly important,” but questioned the timing of its release.

“I would think that when we in federal law enforcement swore our oath to protect and defend the Constitution, it included not violating anyone’s civil rights,” Adler told Government Executive. “It comes across as an unwarranted reprimand to federal law enforcement.”

He added that while he sees the need to “recapture the trust in public law enforcement” in light of the controversies with local police in Ferguson, Mo., and New York City, “this isn’t the right vehicle” to do that.

“It does not inspire us,” Adler said. “It comes across as somewhat dispiriting.”

The memo requires federal law enforcement agencies to train all their agents on the guidance “on a regular basis,” including when employees are hired. It also mandates the relevant agencies collect data on enforcement and complaints.

Justice said in the memo that “accountability is essential to the integrity of federal law enforcement agencies,” and employees facing allegations of violating the guidance will be treated as if they were accused of any other misconduct and referred to the appropriate office to face possible reprimand.   

“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.

He added the new measures would help federal employees avoid unnecessary actions that would serve only to tarnish their reputations.

“With this new guidance, we take a major and important step forward to ensure effective policing by federal law enforcement officials and state and local law enforcement participating in federal task forces throughout the nation,” Holder said. “And it brings enhanced training, oversight and accountability to federal law enforcement across the country, so that isolated acts of discrimination do not tarnish the exemplary work that’s performed by the overwhelming majority of America’s hard-working law enforcement officials each and every day."