Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
26081091
label
Crime - Racial Profiling [Folder 2]
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
26081091
sourceUrl
contentType
document
title
Crime - Racial Profiling [Folder 2]
citationUrl
collections
Records of the Domestic Policy Council (Clinton Administration)
Eric Liu's Files
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
26081091
levelOfDescription
fileUnit
otherTitles
42-t-7367466-20130717S-006-005-2015
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
d0191bd711431569
ocrText
Crime-Racial Profiling
PHOTOCOPY
PRESERVATION
001
10/27/99 WED 15:35 FAX
stech
CAME- proviced TOTAL QUI PRO DOMINA * JUSTITIA OF 13 SECTITUR STATE
Office of the Deputy Attorney General
United States Department of Justice
950 Pennsylvania Ave., NW
Washington, D. C. 20530
TO:
LeAnne Shimabukuro
FAX: 456-7028
FROM:
Anthony S. Murry
VOICE:
(202) 305-1283
Associate Deputy Attorney General
FAX:
(202) 514-9368
DATE
10/27/99
Total Pages (excluding this cover): 14
Additional Message: Per our telephone conversation.
-
Enc-
Revised DOJ current
policies document
per my email.
Leanne
4
002
10/27/99 WED 15:35 FAX
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Policies, Training, and Recommendations
I.
INTRODUCTION
On June 9, 1999, the President issued a Memorandum entitled, "Fairness in Law
Enforcement: Collection of Data," directing the Department of the Treasury, the Department of
Justice, and the Department of the Interior to: (1) collect data from all levels of Federal law
enforcement tracking the race, ethnicity and gender of persons stopped or searched by law
enforcement; and (2) provide a report on training programs, policies, and practices regarding the
use of race, ethnicity, and gender in Federal law enforcement activities, along with
recommendations for improving those programs, policies, and practices.
The guarantee of equal protection under the law to all persons is one of the most
fundamental principles of our democratic society. In order to protect this essential right, Federal
law enforcement agencies must adopt policies that ensure fairness in their law enforcement
activities. Federal law enforcement officers are prohibited from discriminating on the basis of
race, ethnicity, religion, gender, and disability in performing their law enforcement duties.
Illegal activity transcends racial or ethnic parameters. The fact that a person is African-
American, Hispanic, Asian, or of another racial or ethnic minority group is not a reason for law
enforcement to suspect that person of wrongdoing. There is universal recognition, in both policy
and case law, that a law enforcement officer may not rely on race or ethnicity as the sole basis for
law enforcement action such as a traffic stop, pedestrian stop, or request for consent to search.
At the same time, where a law enforcement officer has information linking specific criminal
activity to an individual whose race, ethnicity or other identifying characteristic is known, that
information is appropriately used to identify and locate that individual.
The challenge for law enforcement is (1) to develop policies and training programs
enabling law enforcement officers to determine when information relating to the race or ethnicity
of persons engaged in past or current illegal activities may be used in law enforcement operations;
(2) to supervise and monitor law enforcement activities to ensure that these policies are
implemented in the field; and (3) to identify and remedy those situations where race is
inappropriately used to target individuals.
Recognizing the damaging effects that the impermissible use of race, ethnicity, or gender
has on individuals and the community and recognizing the vital importance of instilling trust of
law enforcement in all Americans, the Department of Justice has begun a review of our programs,
policies, and practices to determine how these programs could be improved to ensure the fair
enforcement of the laws. The Department of Justice has committed to an ongoing process,
described more fully below, that will involve an extensive evaluation of current practice with
regard to the use of race, ethnicity, and gender in law enforcement and recommendations for
reforms to policies and training.
RBJ draft - 10/27/99
1
003
10/27/99 WED 15:36 FAX
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Policies, Training, and Recommendations
This report describes the policies, practices and training programs of the Drug
Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Federal
Bureau of Prisons (BOP), the Immigration and Naturalization Service (INS), and the United
States Marshals Service (USMS) as they relate to the use of race, ethnicity and gender. This
report also includes recommendations for the evaluation of existing policies, the evaluation and
enhancement of training programs, and the development of interim policies and guidance for law
enforcement officers.
In response to the first part of the June 9 Memorandum, the Department of Justice has
submitted a separate report that describes the methods the various agencies will employ to collect
the requested data. The Department of the Treasury and the Department of the Interior have each
submitted separate reports detailing their data collection plans and respective programs, policies
and practices pursuant to the June 9, 1999, Memorandum The data collected by the Department
of Justice will be analyzed as part of the Department's ongoing policy review process.
П.
AGENCY MISSIONS, POLICIES, AND TRAINING
A.
Drug Enforcement Administration
Mission
The DEA is responsible for enforcing the provisions of the controlled substances and
chemical diversion and trafficking laws and regulations of the United States. DEA creates,
manages, and supports law enforcement programs - domestically and internationally - aimed at
reducing the supply of and the demand for controlled substances. It investigates and prepares
cases for prosecution against significant trafficking organizations and their members involved in
the cultivation, production, smuggling, distribution and diversion of controlled substances in or
destined for illegal trafficking in the United States.
Among DEA's responsibilities is the coordination of drug investigations and drug
intelligence collection with foreign governments, training of Federal, state, local, and foreign
officials in drug law enforcement; coordination and cooperation with Federal, state, and local drug
law enforcement agencies in joint investigations, supply reduction programs, and other mutual
efforts; and participation in the national supply and demand reduction strategy.
Operation Jetway is a Special Enforcement Operation established in 1993, with DEA as
the lead agency, to provide uniform, standardized training and statistical analysis to federal, state,
and local drug interdiction units working at airports, bus stations, train stations, and parcel
facilities nationwide. The primary goals of the Jetway program are (1) to ensure that interdiction
units are afforded training in accepted interdiction techniques, within the confines of current law;
and (2) to increase the effectiveness of interdiction efforts on both a national and international
RBJ draft - 10/27/99
2
4.
004
10/27/99 WED 15:36 FAX
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Policies, Training, and Recommendations
scale. DEA agents personally participate in Jetway interdiction actions on the ground.
Operation Pipeline is a highway drug interdiction program that is led and implemented by
the nation's state and local law enforcement agencies, with support from DEA's El Paso
Intelligence Center. The program is composed of three elements: training, real-time
communications, and analytic support. Each year, state and local highway officers conduct
dozens of three-day training schools across the country for other highway officers. The DEA
coordinates Operation Pipeline training through the DEA's El Paso Intelligence Center. The
course content of each Pipeline school is individually tailored by the lead instructor-officer, who
uses a basic training curriculum designed by the DEA DEA agents do not personally participate
in Operation Pipeline interdiction actions.
Policies and practices
DEA conducts investigations to determine which individuals or organizations are
manufacturing and trafficking in illicit drugs. While DEA addresses the use of race and ethnicity
in its Operation Pipeline and Operation Jetway training material, it does not have a separate
written policy statement on the use of race, ethnicity, or gender in its law enforcement activities.
DEA investigations often reveal drug source and transit areas, trafficking routes, and
trends and may also identify the race or ethnicity of individuals suspected of drug trafficking.
Where an individual is specifically identified as a suspect in an investigation, racial and ethnic
identifiers are used to assist law enforcement in locating and identifying the suspect.
less
Investigations may also identify particular groups or organizations that are involved in drug
clean
trafficking. When investigative and intelligence activities collect information on the race or
the
ethnicity of persons involved in such criminal activity, that information is given to the investigator
who, in turn, can use that information as part of an investigation.
before
In addition, DEA prepares intelligence reports based upon its investigations. If
investigative activity indicates that a particular ethnic group is dominating the market for a
particular drug at a particular time, that information is included in the intelligence report and
shared with federal, state, and local law enforcement agencies. These reports are used internally,
as well as shared with other federal, state, and local law enforcement agencies for use in their
investigations. Also, intelligence reports disseminated to state and local law enforcement by the
DEA could contain information received identifying the race or ethnicity of a specific alleged drug
trafficker.
Training
DEA agents are trained to identify and articulate specific factors that distinguish
individuals involved in smuggling contraband from other members of the traveling public. While
RBJ draft - 10/27/99
3
1
005
10/27/99 WED 15:36 FAX
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Policies, Training, and Recommendations
there is no "national drug courier profile," there are patterns of activities, methods, and
characteristics that may indicate criminal activity. For example, with respect to an airline
passenger, these may involve details regarding the passenger's ticket and how it was purchased,
characteristics of the passenger's luggage, excessive nervousness, and evidence suggesting the
passenger may be smuggling contraband internally. DEA agents are trained that race and
ethnicity are not characteristics that indicate criminal activity, and that agents may not approach a
passenger based solely on race, ethnicity, religion, gender or age.
Operation Jetway training focuses on (1) legal issues in transportation interdiction
investigations; (2) drug trafficking trends and key characteristics that are shared by drug
traffickers; and (3) effective use of investigative tools and intelligence sources. The Jetway
courses use a lesson plan that has been approved by the Office of Chief Counsel and DEA
Training in Quantico. Course instruction includes constitutional law, search and seizure with
regard to both consensual encounters and detentive stops, drug courier indicators and
concealment methods. During Operation Jetway training, agents/officers are taught that the use
of race, religion, ethnic origin, gender, or age should not be considered as indicators when
pursuing an initial encounter. However, when agents/officers intend to temporarily detain a
person, they are taught that they must be able to identify and articulate specific factors which,
when viewed collectively, give reasonable suspicion that an individual is involved in smuggling
contraband
Similarly, Operation Pipeline instructors and prosecutors teach that highway officers are
not to detain a motorist based on race, gender, or age. Instead, officers are taught that they must
be able to identify and articulate specific factors which, when viewed collectively, give the officer
reasonable suspicion that an individual has engaged in criminal activity. Attached as Appendix
are excerpts from Operation Jetway and Pipeline training materials
In addition to the Operation Jetway and Operation Pipeline training, DEA incorporates
ethics and integrity sessions into its basic training programs and its in-service training courses.
The agency's Standards of Conduct states that "no employee may discriminate against any other
employee, applicant for employment, or person dealing with DEA on official business because of
race, color, religion, national origin, sex, age, or handicap."
B.
Federal Bureau of Investigation
Mission
The mission of the Federal Bureau of Investigation ("FBI") is to investigate violations of
federal criminal law; to protect the United States from foreign intelligence and terrorist activities;
to provide leadership and law enforcement assistance to federal state, local, and international
agencies; and to perform these responsibilities in a manner that is responsive to the needs of the
RBJ draft- 10/27/99
4
1
006
10/27/99 WED 15:37 FAX
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Policies, Training, and Recommendations
public and is faithful to the Constitution of the United States.
Policies and practices
The FBI incorporates its policy against discriminatory use of race, ethnicity, or gender in
law enforcement into its training programs. In conducting criminal investigations, the FBI
typically gathers facts at crime scenes to determine the likely perpetrators. To identify those
responsible for criminal activity, the FBI elicits and documents descriptive information, which may
include the race, ethnicity, gender, age, size, and distinguishing characteristics of the criminal
offender. Depending on the nature of the crime, the characteristics may include tattoos or other
physical markings, DNA, voice tone, inflection, and manner of speech, and the type of clothing,
car, and jewelry possessed by the perpetrator. In short, the FBI collects and analyzes all relevant
information that will assist in identifying correctly those who have committed criminal acts,
including, where available, the race and ethnicity of suspects.
In situations in which the FBI lacks suspect-specific descriptive information, the FBI uses
violent crime analysis as an essential investigative tool. This analysis — based on behavioral,
psychological and forensic data - may include a description of the likely gender, race, ethnicity,
or age of potential suspects. The FBI uses that descriptive information to pursue investigative
leads and identify those responsible for the activity under investigation. Violent crime analysis is
used to develop a behavioral composite of an unknown offender after analyzing the facts and
circumstances surrounding the commission of a specific criminal act, usually a violent crime such
as a homicide. Although the behavioral composite may include the likely gender, race, ethnicity
or age of the offender, it is based on the evaluation of the specific crime that has occurred and the
physical evidence at the crime scene. The analysis is not used as a predictor of future criminal
activity of any individual or group.
The FBI does not investigate suspects without proper predication. Predication is defined
as facts and circumstances that would provide a reasonable basis to suspect that an individual has
engaged in or is engaged in conduct which is a violation of federal criminal laws. Predication is
not based on any immutable characteristics. In the context of ongoing investigations, levels of
predication vary depending on the intrusiveness and sensitivity of the investigative technique being
contemplated. Before initiating a new investigative technique, such as wiretapping or
surveillance, the FBI evaluates all of the facts and circumstances to determine whether use of the
technique is appropriate. With respect to national security investigations, intelligence gathering
involves a range of sophisticated investigative techniques, which are used to identify individuals
and their affiliations. Illicit activities uncovered in the course of intelligence gathering may be
used to predicate national security investigations. The FBI does not permit interdiction based on
racial, ethnic, or gender factors in national security investigations.
Training
RBJ draft- 10/27/99
5
007
10/27/99 WED 15:37 FAX
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Policies, Training, and Recommendations
The FBI attempts to ensure that its investigators do not make investigative decisions
improperly on the basis of race, ethnicity, or gender, by providing a number of training and
awareness courses to its employees.
The FBI has instituted a training program for incoming Special Agents at the FBI Training
Academy in Quantico. Developed by the Law Enforcement Ethics Unit (LEEU) within the FBI's
Office of Professional Responsibility (OPR), this program entails sixteen hours of instruction as
part of the overall training of new agents. The program is based on a concept known as the
"Golden Thread," which emphasizes basic human rights and constitutional principles, such as
equal rights for all individuals.
As part of this specific training program, and throughout the entire training period, New
Agent Trainees examine poor police practices and police corruption. The trainees are given
examples that enable them to explore the pressures they may face in controlling crime in a manner
consistent with due process. The trainees are taught repeatedly that basing investigative decisions
solely on factors such as race, ethnicity, or gender constitutes impermissible police practice. The
training program emphasizes that law enforcement officers who use their power for improper
purposes and base their actions on the race, ethnicity, or gender of individuals are unacceptable
representatives of the FBI and will be subject to discipline, including dismissal.
It is not only new FBI agents who receive training on the impropriety of discriminating on
the basis of race, ethnicity, or gender. As part of an eleven-week training program offered at
Quantico, the FBI instructs veteran state and local law enforcement officers on the impropriety of
taking official action, including traffic stops or courier profiling, on the basis of race, ethnicity and
gender. LEEU provides similar instruction (through seminars and conferences) to FBI senior
managers and law enforcement officers throughout the United States and overseas.
All FBI employees at GS-13 and above, whether in special agent or support positions, are
evaluated annually on the basis of their performance in eradicating workplace discrimination. The
FBI requires that the performance appraisals of these employees include an evaluation of the
extent to which they have acted to increase the recruitment of minorities, decrease discrimination
on the basis of race, ethnicity, and gender, and improve the workplace environment for all FBI
employees.
The training programs and other institutional measures described above illustrate the steps
that the FBI has taken to ensure that FBI Special Agents and employees act in a manner that is
consistent with the commitment to fairness and integrity.
C.
Federal Bureau of Prisons
Mission
RBJ draft - 10/27/99
6
008
10/27/99 WED 15:38 FAX
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Policies, Training, and Recommendations
The mission of the Federal Bureau of Prisons ("BOP") is to protect society by confining
federal offenders in the controlled environments of prison and community-based facilities that are
safe, humane, and appropriately secure, and that provide work and other self-improvement
opportunities to assist offenders in becoming law-abiding citizens.
Policies and practices
The BOP monitors gang activity within its facilities for security reasons. This entails
identifying and tracking various gangs and gang members. Identification is based on objective
criteria such as tattoos and use of symbols, rather than race or ethnicity. While gang membership
and affiliation may cross racial and ethnic groupings, some gangs self-identify based on
distinctions such as race, ethnicity, and national origin. However, when the BOP monitors
activity by such gangs, it is based solely upon disruptive behavior. Furthermore, the BOP only
monitors gang members, suspected gang members, and associates.
With respect to gender, the BOP maintains some distinctions between male and female
offenders. This is consistent with the growing national recognition that there are legitimate
differences between male and female offenders. These differences include the general security
risks posed by female offenders and the types of programs and services they need and desire.
Based on research conducted by the BOP regarding federal inmates, female inmates differ
from male inmates in the following ways: the frequency and severity of their prison violence; their
demographic, offense, and criminal history composition; the prison environments in which they
are confined; and background characteristics that predict prison violence. For these reasons the
BOP maintains gender-specific classification systems. The most significant difference between
male and female inmates is with respect to security level classifications. Women are classified
into three security levels: minimum, low, or high; in addition to these three security levels, men
can also be classified as medium security. The reason for this distinction is that most of the
females previously classified as medium or high security were classified at that level because of
offenses in which they often played a secondary or peripheral role to a co-offender who was male.
Since the separation of male and female classification systems in June 1994, the overwhelming
majority of female inmates have been classified as low or minimum security. Only a small number,
most often 40 or fewer, are currently classified as high security.
Training
Given that the BOP does not base any of its law enforcement activities on race or
ethnicity, the BOP does not conduct training specifically directed toward the prevention of racial
profiling. However, as the BOP manages an extremely diverse inmate population, racial
sensitivity and diversity management are significant concerns for the agency. Accordingly, the
BOP conducts extensive training on diversity management, which includes race, ethnicity, and
RBJ draft - 10/27/99
7
5
009
10/27/99 WED 15:38 FAX
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Policies, Training, and Recommendations
gender issues.
Staff receive diversity management training during the Introduction to Correctional
Techniques at the Federal Law Enforcement Training Center (FLETC), which is required for all
new permanent employees. These principles are again emphasized during Annual Refresher
Training, which serves to remind staff of key policies, procedures, and agency philosophy. A
large number of national BOP training seminars also have a session on diversity management.
During these training sessions, the BOP also places a strong emphasis on its recently revised and
enhanced policy on sexual abuse prevention. Lastly, all BOP institutions, Regional Offices, and
Central Office have Affirmative Action Committees which sponsor programs to help educate staff
about the contributions and achievements of all Americans. These programs are designed to
enhance communication and understanding among staff and with the inmate population.
D.
Immigration and Naturalization Service
Mission
The mission of the INS is to provide for the lawful entry of persons into the United States,
and to assist applicants who are eligible for permanent residence or naturalization. At the same
time, INS deters illegal immigration by controlling the nation's borders and apprehending and
removing those who violate the immigration laws.
It is the responsibility of the INS to ensure appropriate documentation of aliens at entry
and to deny entry to those who are not legally admissible, whether they attempt to enter through
ports-of-entry or undetected across the border. The INS is also responsible for deterring illegal
entry and stay, including enforcement of the criminal provisions of the immigration laws against
individuals who act or conspire to promote such entry and stay. Further, it is the responsibility of
the INS to detect, apprehend, and remove those non-citizens whose entry was illegal, whether
undocumented or fraudulent, and those found to have violated the conditions of their stay.
Policies and Practices
Every mission decision by Immigration Officers involves a determination of nationality.
The legislative authority for activities of the INS is the Immigration and Nationality Act of 1952
(INA), as amended. A number of court decisions also guide INS practice. The INA requires
Immigration Officers at the border or port of entry to inspect all aliens seeking admission to or
transit through the United States. See INA Section 235(a)(3). In addition the statute provides
broad authority to Immigration Officers to interrogate, without a warrant, any alien or person
believed to be an alien as to his or her right to be or remain in the U.S.
Under the 4th Amendment, certain immigration stops and searches are considered
RBJ draft - 10/27/99
8
1
010
10/27/99 WED 15:39 FAX
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Policies, Training, and Recommendations
"seizures" and thus must be justified by a "reasonable suspicion." These kinds of stops include
stops of vehicles by border patrol agents ("roving patrol" stops) and pedestrian stops where
persons are detained by immigration officers. "Reasonable suspicion" has been defined as
specific, articulable facts together with rational inferences that reasonably warrant the suspicion
that a law has been violated which the officer has the authority to enforce. INS policy allows
officers to use foreign appearance or apparent ethnicity as one factor among many in a "totality of
the circumstances" that support reasonable suspicion and thus justify the officer's intervention.
This practice is supported by Supreme Court case law. See United States V. Brignoni-Ponce, 422
U.S. 873 (1975). INS policy prohibits the sole reliance on apparent ethnicity or foreign
appearance for 4th Amendment stops or searches.¹ This policy is applied nationwide and is not
limited to persons who appear to be of Mexican or Hispanic descent.
Reasonable suspicion must be based on multiple factors and not on any one factor alone.
Among the factors that may be used by INS officers and agents as "articulable facts" are:
(1) place and time of the encounter; (2) demeanor of individuals stopped and their
reactions to the presence of INS Officers; (3) appearance/dress/grooming showing signs of
either an immediate border crossing or of the individual not being lawfully in the United
States; (4) speech; (5) information from outside sources such as intelligence reports or
tips; (6) rational inferences from officers' previous experience and training; (7) in case of
vehicular stops, characteristics of the vehicle (e.g., appearance, occupancy, speed of
travel, etc.) (8) ethnic appearance.
What is crucial in making an officer's suspicion well-founded is not the presence of any specific
factor, or the number of factors involved, but that the whole picture must yield a reasonable
suspicion that justify the officer's intervention.
Other types of immigration stops or encounters are not governed by the 4th Amendment
and thus by law do not require a predicate finding of "reasonable suspicion." For example, INS
maintains fixed checkpoint stops, where agents may make a brief inquiry limited to the
immigration status of the occupants of the vehicle. People stopped at these checkpoints also may
be selectively referred to a secondary inspection area for further inquiry. Reasonable suspicion is
also not required for inspections at ports of entry or consensual interviews at the worksite,
although INS policies do require reasonable suspicion for worksite encounters where INS agents
1
For example, the Immigration Officer's Field Manual for Employer Sanctions states
that "[s]ervice officers need to be aware that by itself, mere foreign appearance, based on ethnic
characteristics and language, does not constitute reasonable suspicion of alienage. It may,
however, be considered in combination with other specific articulable facts - particular
characteristics and circumstances which the officer can, if called upon, describe in words "
RBJ draft - 10/27/99
9
011
10/27/99 WED 15:39 FAX
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Policies, Training, and Recommendations
are selecting employees for questioning. While INS policy and training curricula do not
specifically address the proper use of ethnicity or race for these types of encounters, where no
level of suspicion is legally required, agents are guided by INS policies that require at least some
suspicion based on articulable facts. See United States V. Martinez-Fuerte, 428 U.S. 543 (1976)
and INS V. Delgado, 466 U.S. 210 (1984).
Through the collection and analysis of intelligence from internal and external sources, INS
develops useful information on the sources, traffic routes and destination points of illegal
immigrants. Additionally, shared case information and leads may provide information on the
businesses that allegedly have employed undocumented workers. This intelligence information
sometimes includes the identification of an individual's or group's ethnicity.
Training
The INS trains its officers on how to identify and articulate rational factors for stops and
searches, and on the different levels of suspicion that are required by the 4th Amendment and case
law. The training includes instruction on INS policy that allows the use of "ethnic appearance"
as one factor among many in a totality of circumstances.
Immigration Officer Academy
The Immigration Officer Academy is responsible for the basic training of all Deportation
Officers, Immigration Agents, Immigration Inspectors, and Immigration Special Agents.
All trainees receive eight hours of instruction in INS Statutory Authority focusing on Section 235
and, in greater detail, Section 287 of the INA. Trainees are taught that under Section 235 all
applicants for admission are to be inspected by Immigration Officers at the port of entry for the
purpose of establishing admissibility to the U.S. Also explained and discussed is an INS officer's
authority to stop, board and search a vehicle at the port of entry.
Topics of instruction under INA section 287 include: authority to interrogate without a
warrant [287(a)(1)]; authority to arrest without a warrant for both administrative [287(a)(2)] and
criminal [287(a)(4)] violations; authority to search a conveyance without a warrant within a
reasonable distance of the border; authority to enter private lands, but not dwellings, within 25
miles of the border for the purpose of preventing the illegal entry of aliens [287(a)(3)]; and the
prohibition against entering a farm without a warrant, or the consent of the owner, to question a
probable alien as to his or her right to be in the U.S., unless evidence exists that the persons has
just crossed the border [287(e)]. Under section 287(a)(1), emphasis is placed on the need to use
the authority to interrogate judiciously based on some articulable facts.
Additional areas of instruction on INA section 287 include: a review of legal precedent
that clarifies proper use of ethnicity in traffic stops and the reasonable suspicion requirement for
RBJ draft - 10/27/99
10
012
10/27/99 WED 15:39 FAX
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Policles, Training, and Recommendations
detentive stops. At the conclusion of the course on statutory authority, trainees are shown a
portion of the video entitled "Fourth Amendment Issues at the Worksite" which provides
instruction by the INS Office of General Counsel on lawfully executed searches and seizures.
Officers are also trained on the three levels of encounters with the public (consensual,
investigative stop, and arrest) and the corresponding degrees of suspicion which are required to
take action. Emphasis is placed on the statutory obligation to conduct investigative stops only on
reasonable suspicion of a criminal or administrative offense that falls within the officer's
jurisdiction.
In addition to the core instruction on statutory authority, Special Agents, Immigration
Agents, and Deportation Officers must also take a 2-hour course on Alien Encounters & False
Claims to United States Citizenship. This class equips trainees with effective techniques to
employ when encountering and questioning aliens during the course of an investigation.
The Behavioral Science Division (BSD) of the Federal Law Enforcement Training Center
(FLETC) offers additional courses and laboratories related to cultural diversity to all INS
personnel except Adjudication Officers. The understanding of and respect for cultural differences
is essential to an officer's ability to interpret, predict, and ultimately control, the behavior of those
aliens with whom he comes into contact. The BSD courses teach several ways to recognize and
overcome the principal barriers to intercultural communications. All officers are trained to
demonstrate professionalism when identifying themselves, to develop rapport based on mutual
respect, to understand verbal and non-verbal communications, and to utilize proper methods and
techniques when dealing with victims and witnesses.
Border Patrol Academy
The Border Patrol Academy is responsible for both entry-level training for new Border
Patrol Agents and for the advanced training of incumbent Border Patrol Agents at the GS-9 and
GS-11 levels. New agents receive 26 hours of instruction on statutory authority. This course of
instruction explains to the Border Patrol Agent trainee the bases for making traffic and pedestrian
stops, including ethnic appearance, vehicle characteristics, proximity to the border, abnormal
behavior, demeanor, speech, attire, and many others. The curriculum stresses that pedestrian and
"roving patrol" traffic stops based solely on race or ethnicity are illegal. The agents are taught
that the required degree of suspicion must be based on a combination of articulable facts, one of
which may be ethnic appearance. Similarly, trainees are taught that the referral of vehicles to
secondary inspection at a traffic checkpoint may be premised on the lowest level of suspicion
(where few articulable facts are required) that illegal aliens are being transported in the vehicle.
Constitutional law and relevant court decisions are discussed with emphasis not only on the
Fourth, but also on the Fifth and Sixth Amendments. In addition, the curriculum of the Federal
Law Enforcement Training Center (FLETC) devotes 3 hours to officer liability and criminal
RBJ draft- - 10/27/99
11
013
10/27/99 WED 15:40 FAX
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Policies, Training, and Recommendations
sanctions relating to violations of an individual's constitutional rights.
The first duty station for all Border Patrol Agents is on the Southwest Border. Therefore,
Border Academy trainees receive extensive training in Spanish and cultural sensitivity and
diversity issues. Discussions are held on prejudice, ethnocentrism, language barriers and
ignorance of cultural norms. Several other courses that address discrimination and intercultural
issues are taught at the Academy. Among these are Ethics and Conduct, Sexual Harassment,
Communications for Border Patrol, Victim and Witness Awareness, Authority (i.e., the
appropriate use of authority), EEO, and Officer Liability. In relation to civil and constitutional
rights, trainees are taught that, except for very limited exceptions, foreign nationals who have
entered the U.S. are afforded the same rights and protections guaranteed to U.S. citizens.
The Border Patrol Academy also offers separate programs of advanced training for GS-9
and GS-11 agents. Every year, a total of 750-800 journeyman agents receive advanced training at
the Academy. Each program lasts 8 days and contains a 4-hour block entitled Legal Updates.
This segment, taught by INS attorneys, includes a review of recent legal developments, the
identification and discussion of civil lawsuits alleging illegal stops, and instruction on the relative
importance to attach to a variety of factors when making roving patrol stops.
E.
United States Marshals Service
Mission
The Marshals Service's mission is to find and apprehend fugitives. It is also responsible
for protecting federal judicial officers and others who are subject to threats, and transporting
detainees for the federal courts and aliens for the INS.
Policies and practices
The Marshals Service engages in few non-suspect specific encounters. When presented
with warrants issued by federal courts, the race, ethnicity and gender of the subject is
predetermined.
The Marshals Service does not operate its own detention facilities. It assumes custody of
arrestees detained by the Federal courts and, if a conviction results, delivers such persons to the
Bureau of Prisons. In addition to relying on the BOP, the USMS relies on private and local jails
near each Federal courthouse to house the detainees. Consequently, the Marshals Service does
not have policies for classifying detainees according to ethnic gangs or by using other ethnic
classifications.
The Marshals Service has developed several policies that distinguish between male and
RBJ draft - 10/27/99
12
014
10/27/99 WED 15:40 FAX
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Policies, Training, and Recommendations
female detainees in housing and transportation. Male and female detainees are kept in separate
holding cells at courthouses and are confined in separate jail facilities. On air flights, female and
male detainees may be transported together, but female detainees must be under visual
surveillance of a matron or female Deputy U.S. Marshal at all times. In ground transportation,
female and male detainees are normally transported separately. If they must be transported
together, every effort is made to separate them in the vehicle and to have a female matron or
female Deputy U.S. Marshal accompany a female detainee. If no Marshals Service matron or
female Deputy U.S. Marshal is available, female personnel are requested from local law
enforcement agencies. If female detainees must be transported by only male Deputy U.S.
Marshals, a Marshals Service log book must have an entry before the trip of the time of departure,
the odometer reading on the vehicle, the persons in the vehicle, and the estimated time of arrival
at the destination. As a general rule, a detainee taken to a medical facility must be restrained as
any other detainee who is being transported. One exception to this rule is a female in labor.
There is a policy relating to pregnant detainees.
Training
The USMS trains its employees in general terms that, apart from suspect specific
information, race and ethnicity are not to be considered in carrying out official duties. Deputy
Marshals are instructed during basic training that there is no reason to rely on non-suspect specific
information about race and ethnicity.
III.
RECOMMENDATIONS
Given the importance of the issue of the use of race, ethnicity, and gender in federal law
enforcement activities and the need to achieve a coordinated resolution of the important and
complex legal and policy issues that the issue presents, the Department of Justice will establish a
working group, headed by the Deputy Attorney General, to further evaluate current policies and
training with regard to the use of race, ethnicity, and gender in DOJ law enforcement agencies and
make recommendations as appropriate.
The working group, which will include representatives from the Department's law
enforcement agencies and the Civil Rights Division, will evaluate the preliminary results from the
data collection field tests as well as existing agency materials in order to:
(1)
Develop policy recommendations on the appropriate use of race and ethnicity in all
agency law enforcement activities. This will include an examination of the
appropriate use of intelligence reports and when information obtained as part of a
law enforcement investigation is specific enough to warrant the use of a racial or
ethnic identifier. This will also include an analysis by the INS to determine is some
factors, including ethnic appearance, are more accurate than others in predicting
RBJ draft - 10/27/99
13
015
10/27/99 WED 15:41 FAX
Fairness in Law Enforcement: Collection of Dara
DRAFT Report Addressing Policies, Training, and Recommendations
alienage;
(2)
Expand and strengthen the training provided by Department law enforcement
agencies to federal, state, and local law enforcement concerning the use of race
and ethnicity; and
(3)
Ensure that the law enforcement agencies are appropriately supervising and
monitoring their agents and employees and operations for any impermissible use of
race and/or ethnicity.
We expect to conclude this review and make recommendations for reforms, as appropriate, soon
after the receipt of interim results from the data collection effort.
In the interim, the Department's law enforcement agencies will take the following steps to
enhance training, establish interim policies where gaps exist, and provide guidance to their
officers.
(1)
The INS will issue interim policy guidance that clarifies that ethnicity cannot be the
sole or determinative factor in the decision to conduct any stop — including those
not subject to the 4th Amendment. This will result in a consistent agency policy
with regard to stops covered and not covered by the 4th Amendment
(2)
Each agency will review its training materials to ensure that all new, incumbent,
line, and supervisory agents and analysts receive training on the agency's policies
with regard to the use of race and/or ethnicity in all law enforcement activities.
This will include a review of the training provided to state and local law
enforcement to better ensure that officers trained by federal agencies are not basing
their law enforcement activities on race or ethnicity.
(3)
The Department of Justice will explore ways to promote data collection on race,
ethnicity, and gender of people stopped or searched by state and local law
enforcement officers trained by Department agencies. This data collection will
assist state and local law enforcement officers in complying with principles of non-
discrimination.
RBJ draft - 10/27/99
14
I
Fabort
Elic -
Attached does.
1
DOJ policies
2
DOJ field 4st
Treas field test/plans
at policies
3
Interior
Leanne
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Programs, Policies & Practices
I.
PURPOSE
On June 9, 1999, the President issued a Memorandum entitled, "Fairness in Law
Enforcement: Collection of Data," directing the Department of the Treasury, the Department of
Justice and the Department of the Interior to: 1) collect data from all levels of law enforcement
tracking the race, ethnicity and gender of persons stopped or searched by law enforcement; and 2)
provide a report on training programs, policies and practices regarding the use of race, ethnicity,
and gender in Federal law enforcement activities, along with recommendations for improving
those programs, policies, and practices.
The guarantee of equal protection under the law to all persons is one of the most
fundamental principles of our democratic society. In order to protect this essential right and
principle, Federal law enforcement agencies have adopted policies that reflect the importance of
ensuring fairness in their law enforcement activities. Recognizing the damaging effects that the
impermissible use of race, ethnicity or gender has on individuals and the community and
recognizing the tremendous importance of instilling trust of law enforcement in all Americans,
Federal law enforcement agencies [and list others?] have engaged in an intensive review of their
programs, policies, and practices in an effort to identify their strengths and weaknesses, and to
assess the ways in which such programs could be improved. Pursuant to the June 9,
Memorandum, these agencies have also developed a plan for conducting a field test during which
the requested data will be collected and compiled for further review.
The following report addresses the second part of the Executive Memorandum. This
report describes the programs, policies and practices as they relate to the use of race, ethnicity
and gender of the Drug Enforcement Administration, the Federal Bureau of Investigation, the
Federal Bureau of Prisons, the Immigration and Naturalization Service, and the United States
Marshals Service, and recommendations for improving those programs. In response to the first
part of the June 9 Memorandum, the Bureau of Justice Statistics has submitted a separate report
that describes the methods the various agencies will employ to collect the requested data. The
Department of the Treasury and the Department of the Interior have each submitted separate
reports detailing their data collection plans and respective programs, policies and practices
pursuant to the June 9, 1999, Memorandum.
II
DRUG ENFORCEMENT ADMINISTRATION
Mission
The DEA is the principle Federal agency for drug law enforcement. It is responsible for
enforcing the provisions of the controlled substances and chemical diversion and trafficking laws
and regulations of the United States. DEA creates, manages and supports law enforcement
programs -- domestically and internationally - aimed at reducing the availability of supply and the
demand for controlled substances. It investigates and prepares cases for prosecution against
DAG
LBR9 514 ZOZO
ZO:TT
RR//n/nT
002/014
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Programs, Policies & Practices
significant trafficking organizations and their members involved in the cultivation, production,
smuggling, distribution and diversion of controlled substances in or destined for illegal trafficking
in the United States.
Among the DEA's responsibilities is the coordination of drug investigations and drug
intelligence collection with foreign governments; training of Federal, state, local, and foreign
officials in drug law enforcement; coordination and cooperation with Federal, state, and local drug
law enforcement agencies in joint investigations, supply reduction programs, and other mutual
efforts; and participation in the national supply and demand reduction strategy.
Specific DEA Programs
Operation Jetway is a Special Enforcement Operation established in 1993, with DEA as
the lead agency, to provide uniform, standardized training and statistical analysis to federal, state,
and local drug interdiction units working at airports, bus stations, train stations, and parcel
facilities nationwide. The primary goals of the Jetway program are (1) to ensure that interdiction
units are afforded training in accepted interdiction techniques, within the confines of current legal
decision; (2) to increase the effectiveness of interdiction efforts on both a national and
international scale.
Operation Pipeline is a highway drug interdiction program that is led and implemented by
the nation's state and local law enforcement agencies, with support from the DEA's El Paso
Intelligence Center. The program is composed of three elements: training, real-time
communications, and analytic support. Each year, state and local highway officers deliver dozens
of three-day training schools across the country to other highway officers. The DEA coordinates
the training schools and designs their curricula.
Policies and practices
In accordance with its mission statement, DEA targets individuals and organizations
responsible for manufacturing and trafficking illicit drugs. DEA conducts investigations to
determine which individuals or organizations are trafficking in illicit drugs. DEA Agents and
analysts do not use race, ethnicity, religion, gender or age as a criteria in determining whether or
not to initiate an investigation or in the course of their investigation and analysis.
As described below, DEA agents are instructed and trained that race and ethnicity are not
characteristics that evidence criminal activity, and that agents are not to approach a passenger
based on race, ethnicity, religion, gender or age. Rather, they are trained to identify and articulate
specific factors that give reasonable suspicion that an individual is involved in smuggling
contraband. While there is no "national drug courier profile," there are patterns of activities,
methods and characteristics that may indicate criminal activity. For example, with respect to an
2
003/014
DAG
514 202 8897
11:33
86/20/01
Fairness in Law Enforcement: Collection of Dala
DRAFT Report Addressing Programs, Policies & Practices
airline passenger, these may involve details regarding the passengers ticket and how it was
purchased, characteristics of the passenger's luggage, excessive nervousness, items suggesting the
passenger may be smuggling contraband internally. [see appendix for details]
In carrying out its activities, DEA investigations often reveal drug source and transit areas,
trafficking routes, and trends and may also identify specific ethnic groups or the race or ethnicity
of specific individuals suspected of drug trafficking Where an individual is specifically identified
as a suspect in an investigation, racial and ethnic identifiers are appropriately used to assist law
enforcement to locate and identify the suspect. Investigations may also identify particular
organizations that are involved in drug trafficking. To the extent that investigative activities and
intelligence collect information on the race or ethnicity of persons involved in such criminal
activity, that information will be passed to the investigator.
In addition, DEA prepares intelligence reports based upon its investigations. If
investigative activity indicates that a particular ethnic group is dominating the market for a
particular drug at a particular time, that information is included in the intelligence report.
Likewise, intelligence reports could contain information received identifying the race or ethnicity
of a specific alleged drug trafficker.
[examine the appropriate use of intelligence reports and use of racial and ethnic identifiers
where information is based on past criminal activity, but not tied to specific suspects; and whether
additional training or policy is necessary. Will also use data collection to determine if agents are
properly carrying out the mission of DEA with respect to race and ethnicity, and not initiating
encounters based on race and ethnicity, in contravention of DEA policy.]
Training
[describe]
Recommendations
[DEA is considering an extended training program for all new and supervisory agents and
analysts on a wide range of issues of race and ethnicity in investigations and intelligence collection
and analysis to ensure that its investigations are based solely upon criminal behavior].
[Additional training on the use of intelligence reports containing race and ethnic
information?]
III
FEDERAL BUREAU OF INVESTIGATION
Mission
3
004/014
DAG
8897 20202 514
11:34
66/20/01
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Programs, Policies & Practices
The mission of the Federal Bureau of Investigation ("FBI") is to uphold the law through
the investigation of violations of federal criminal law; to protect the United States from foreign
intelligence and terrorist activities; to provide leadership and law enforcement assistance to federal
state, local, and international agencies; and to perform these responsibilities in a manner that is
responsive to the needs of the public and is faithful to the Constitution of the United States.
Policies and practices
The FBI does not use profiling based on race, ethnicity, or gender to investigate criminal
activity or prevent crime. Rather, in conducting reactive criminal investigations, the FBI typically
gathers facts at crime scenes to determine the likely perpetrators. To identify those responsible
for criminal activity, the FBI elicits and documents descriptive information, which may include the
race, ethnicity, gender, age, size, and distinguishing characteristics of the criminal offender.
Depending on the nature of the crime, the characteristics may include tattoos or other physical
markings, DNA, voice tone, inflection, and manner of speech, and the type of clothing, car, and
jewelry possessed by the perpetrator. In short, the FBI collects and analyzes all relevant
information that will assist in identifying correctly those who have committed criminal acts.
In situations in which the FBI lacks suspect-specific descriptive information, such as
missing child and serial killer investigations, the FBI uses violent crime analysis as an essential
investigative tool. This analysis based on behavioral, psychological and forensic data may include
a description of the likely gender, race, ethnicity, or age of potential suspects. The FBI uses that
descriptive information to pursue investigative leads and identify those responsible for the activity
under investigation. Violent crimes analysis is used to develop a behavioral composite of an
unknown offender after analyzing the facts and circumstances surrounding the commission of a
specific criminal act, usually a violent crime such as homicide. Although the behavioral composite
may include the likely gender, race, ethnicity or age of the offender, it is based on the evaluation
of the specific crime that has occurred. It is not used as a predictor of future criminal activity of
any individual or group.
The FBI does not investigate suspects without proper predication. Predication is defined
as facts and circumstances that would provide a reasonable basis to suspect that an individual has
engaged in or is engaged in conduct which is a violation of federal criminal laws. Predication is
not based on any immutable characteristics. In the context of ongoing investigations, levels of
predication vary depending on the intrusiveness and sensitivity of the investigative technique being
contemplated. Before initiating a new investigative technique, such as wiretapping or
surveillance, the FBI evaluates all of the facts and circumstances to determine whether use of the
technique is appropriate.
Training
4
005/014
DAG
2689 S14 S202
11:34
66/20/01
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Programs, Policies & Practices
The FBI strives to ensure that its investigators do not make investigative decisions
improperly on the basis of race, ethnicity, or gender, by providing a host of training and awareness
courses to its employees. Examples of these training programs and courses are described below.
The FBI has instituted a training program for incoming Special Agents at the FBI Training
Academy in Quantico. Developed by the Law Enforcement Ethics Unit (LEEU), within the FBI's
Office of Professional Responsibility (OPR), this program entails sixteen hours of instruction as
part of the overall training of new agents. The program is based on a concept known as the
"Golden Thread," which emphasizes basic human rights and constitutional principles, such as
equal rights for all individuals.
As part of this specific training program, and throughout the entire training period, New
Agent Trainees examine poor police practices and police corruption. The trainees are given
examples that enable them to explore the pressures they may face in controlling crime in a manner
consistent with due process. The trainees are taught repeatedly that basing investigative decisions
on factors such as race, ethnicity, and gender constitute impermissible police practices. The
training program emphasizes that law enforcement officers who use their power for improper
purposes and base their actions on the race, ethnicity, or gender of individuals are unacceptable
representatives of the FBI, whose actions will be subject to discipline, including dismissal.
It is not only new agents who receive training on the impropriety of discriminating on the
basis of race, ethnicity, or gender. As part of an eleven-week training program offered at
Quantico, the FBI instructs veteran law enforcement officers on the impropriety of taking official
action, including traffic stops or courier profiling, on the basis of race, ethnicity and gender.
LEEU provides similar instruction (through seminars and conferences) to FBI senior managers
and law enforcement officers throughout the United States and overseas. See Attachments.
Since 1982, the FBI has required that its managers undergo equal employment
opportunity (EEO) and cultural awareness training to combat issues such as sexual harassment
and discrimination in the workplace. Since 1986, this training has been incorporated as part of the
overall training for new agents. In 1991, the FBI hired a full-time EEO Training Officer, who
reports directly to Director Freeh. Her responsibilities include developing and overseeing EEO
and cultural diversity training throughout the FBI circulating to all FBI employees newsletter that
addresses matters of discrimination.
All FBI employees whose salaries are at the level of GS-13 and above are evaluated
annually on the basis of their performance in eradicating workplace discrimination. The FBI
requires that the performance appraisals of these employees include an evaluation of the extent to
which they have acted to increase the recruitment of minorities, decrease discrimination on the
basis of race, ethnicity, and gender, and improve the workplace environment for all FBI
employees.
5
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Programs, Policies & Practices
The training programs and other institutional measures described above illustrate the steps
that the FBI has taken to ensure that FBI Special Agents and employees act in a manner that is
consistent with the commitment to fairness and integrity.
Recommendations
The FBI will issue a policy statement prohibiting the use of race, ethnicity and gender in
non-suspect specific encounters. Furthermore, the FBI will ensure that all agents are instructed
on proper application of this policy.
IV
FEDERAL BUREAU OF PRISONS
Mission
The mission of the Federal Bureau of Prisons ("BOP") is to protect society by confining
offenders in the controlled environments of prison and community-based facilities that are safe,
humane, and appropriately secure, and that provide work and other self-improvement
opportunities to assist offenders in becoming law-abiding citizens.
Policies and practices
The BOP monitors gang activity within its facilities for security reasons. This entails
identifying, profiling, and tracking various gangs and gang members. Identification is based on
objective criteria such as tattoos and use of symbols, rather than race or ethnicity. Generally,
while some gangs draw from particular ethnic groups, gang membership and affiliation may cross
racial and ethnic groupings. However, some gangs self-identify based on distinctions such as
race, ethnicity, and national origin. Thus for example, the Aryan Brotherhood and the Black
Guerrilla Family will almost by definition be limited to those racial groups. Other gangs including
various Jamaican Posses, the Netas (Puerto Rican), and Born to Kill (Vietnamese) tend to be
limited to persons of the same national origin. However, when the BOP monitors activity by such
gangs, it is based solely upon disruptive behavior. Furthermore, the BOP only monitors gang
members, suspected gang members, and associates. As monitoring gang activity in this manner is
not necessarily based on race or ethnicity, we do not believe that it would qualify as racial
profiling.
The BOP uses two types of classification to monitor the activities of inmate groups:
Disruptive Groups (DG) and Security Threat Groups (STG). The DGs must be certified by the
Assistant Director of the Correctional Programs Division These are generally prison gangs, or
emerging street gangs which require additional monitoring based on their sophistication, sphere of
influence, use of violence or other serious disciplinary infractions, and ability to defeat routine
security initiatives. These groups generally require additional monitoring, including mandatory
6
008/014
DAG
514 8897 202
11:35
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Programs. Policies & Practices
diversity management are significant concerns for the agency. Accordingly, the BOP conducts
extensive training on diversity management, which includes race, ethnicity, and gender issues.
Staff receive diversity management training during the Introduction to Correctional
Techniques at the Federal Law Enforcement Training Center (FLETC) which is required for all
new permanent employees. These principles are again emphasized during Annual Refresher
Training which serves to remind staff of key policies, procedures, and agency philosophy. A large
number of national BOP training seminars also have a session on diversity management. During
these training sessions, the BOP also places a strong emphasis on its recently revised and
enhanced policy on sexual abuse prevention. Lastly, all BOP institutions, Regional Offices, and
Central Office have Affirmative Action Committees which sponsor programs to help educate staff
about the contributions and achievements of all Americans. These programs are designed to
enhance communication and understanding amongst staff and with the inmate population
Grievance systems available to inmates
The BOP's Administrative Remedy Program is a process through which inmates may seek
formal review of an issue which relates to virtually any aspect of their confinement, if informal
procedures have not resolved the matter. See 28 C.F.R. Part 542 -Administrative Remedy; and
Program Statement No. 1330.13, Administrative Remedy Program. This program applies to all
inmates confined in institutions operated by the Bureau of Prisons, inmates designated to contract
Community Corrections Centers (CCCs) under Bureau of Prisons responsibility, and former
inmates for issues that arose during their confinement.
Inmates are obligated to attempt informal resolution of grievances prior to filing a formal
request for administrative remedy. The initial request is filed at the institution level. If the inmate
is not satisfied with the Warden's response, he or she may appeal to the Regional Office. If the
inmate is not satisfied with the Regional Director's response, he or she may file a Central Office
Administrative Remedy Appeal. After receiving the response from the Administrator, National
Inmate Appeals, the inmate has exhausted the BOP's Administrative Remedy Program, The
program provides for expedited investigations and responses in emergency situations, as well as
providing extensions of time for both filing grievances and receiving responses. There is also a
mechanism for reviewing sensitive issues, such as where the inmate may fear for his or her safety
or well-being if the request became known at the institution.
Recommendations
[insert]
V
IMMIGRATION AND NATURALIZATION SERVICE
8
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Programs, Policies & Practices
monthly urinalysis testing, and are usually designated to the most secure facilities. Currently, the
BOP has certified six DGs: the Aryan Brotherhood, the Mexican Mafia, the Black Guerrilla
Family, the Texas Syndicate, the Latin Kings, and Mexikananemi.
In contrast, STGs are designated by the BOP's Chief of Intelligence. These are generally
groups, gangs, or inmate organizations which have been observed acting in concert to promote
violence, escape, drug activity, or terrorist activity. STG status is considered advisory in nature
and ordinarily does not require specific actions beyond an increased level of security awareness.
Furthermore, STG information is not used for classification or as the sole basis for designation.
Examples of STGs include Osama Bin Laden associates or suspects, the Columbo crime family,
the El Rukns, and the Juan Garcia-Abrego drug organization. The BOP maintains a list of
security threat profiles which is attached for your review. These profiles or characteristics are not
based solely upon any racial or ethnic identification, but rather they are based upon the inmate's
criminal history and knowledge or skills in a particular area.
Additionally, with respect to gender, the BOP maintains some distinctions between male
and female offenders, specifically with regard to classification. This is consistent with the growing
national recognition that there are legitimate differences between male and female offenders.
These differences include the general security risks posed by female offenders and the types of
programs and services they need and desire.
Based on research conducted by the BOP regarding federal inmates, female inmates differ
from male inmates in the following ways: the quantity and quality of their prison violence; their
demographic, offense, and criminal history composition; the prison environments in which they
are confined; and in those background characteristics that predict prison violence. For these
reasons the BOP maintains gender-specific classification systems. The most significant difference
between male and female inmates is that women are classified into three security levels: minimum,
low, or high. In addition to these three security levels, men can also be classified as medium
security. The reasoning behind the dual classification for males and females is that most of the
females previously classified as medium or high security were classified at that level because of
their current offenses or incarcerating offenses in which they often played a secondary or
peripheral role to a co-offender who was male. Since the separation of male and female
classification systems in June 1994, the overwhelming majority of female inmates have been
classified as low or minimum security. Only a small number, most often 40 or fewer, have been
classified as high security.
Training regarding race, national origin, and gender
Given that the BOP does not use racial profiling in any policies or procedures, the BOP
does not conduct training specifically directed toward the prevention of racial profiling.
However, as the BOP manages an extremely diverse inmate population, racial sensitivity and
7
2687 514 2020
AC:11
BR/20/01
DAG
0770014
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Programs, Policies & Practices
Mission
The mission of the Immigration and Naturalization Service ("INS") is to control the
Nation's borders and to regulate permanent and temporary immigration to the United States. The
INS is required to ensure appropriate documentation of aliens at entry, to deny entry to those who
are not legally admissible whether they attempt to enter through ports-of-entry or surreptitiously
across the border, and to determine the status of those in the country. The INS is also responsible
for deterring illegal entry and stay, including enforcement of criminal provisions against
individuals who act or conspire to promote such entry and stay. Further, it is the responsibility of
the INS to detect, apprehend, and remove those non-citizens whose entry was illegal, whether
undocumented or fraudulent, and those found to have violated the conditions of their stay. The
development and implementation of immigration-related policies and procedures are accomplished
by incorporating input from a broad range of internal and external contacts.
Policies and practices
Every mission decision by Immigration Officers involves a determination of nationality.¹
The legislative authority for activities of the INS is the Immigration and Nationality Act of 1952,
as amended. Also, court decisions guide INS practice. The INA requires Immigration Officers at
the border or port of entry to inspect all aliens seeking admission to or transit through the United
1
There are several definitions provided in the INA section 101(a), 8 U.S.C. 1101, that are critical
background to any assessment of how INS should or should not utilize the constructs of race or ethnicity in
fulfilling its mission. Gender is not used as a factor in a non-subject specific cncounter, but often is used in
determining appropriate detention or deportation options.
"Alien" means any person not a citizen or national of the United States.
"National" means a person owing permanent allegiance to a state.
"National of the United States" means (a) a citizen of the Unitod States or (b) a person who, though not a
citizen of the United States, owes permanent allegiance to the United States.
"Permanent" mcans a relationship of continuing or lasting nature, as distinguished from temporary, but a
relationship may be permanent even though it is one that may be dissolved eventually at the instance
either of the United States OT of the individual, in accordance with law.
"Reasonable suspicion" means specific. articulable facts together with rational inferences that reasonably
warrant the suspicion that a law has been violated which the officer has authority to enforce, e.g., that a
vehicle contains illegal aliens. United States V. Brignoni-Ponce, 422 U.S. 873 (1975).
9
1000
DAG
1689 514 2020
LE:TT
RR/LD/DT
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Programs, Policies & Practices
States.² In addition, the statute provides broad authority to Immigration Officers to interrogate,
without a warrant, any alien or person believed to be an alien as to his or her right to be or remain
in the U.S.³
Within a reasonable distance of the border, Immigration Officers are authorized to board
and search - without a warrant - any vehicle, vessel, railway car, or aircraft for the purpose of
preventing aliens from illegally entering the U.S.4 For the same purpose, the statute authorizes
Immigration Officers to enter without a warrant private lands within 25 miles of the border. This
authority does not extend to similarly located private dwellings.
Checkpoints are not specifically authorized by statute but by a series of court decisions, of
which the most important is United States VS. Martinez-Fuerte, 428 U.S. 543 (1976). In that
decision, the Supreme Court found that checkpoint stops, being routine in nature and minimally
intrusive, do not require individualized suspicion. The court also held that motorists stopped at
checkpoints may be selectively referred to secondary inspection areas for further limited inquiry.
U.S. V. Martinez-Fuerte validated the Border Patrol's checkpoint practice of relying on ethnic - in
this case, Mexican - appearance as a partial justification to stop a vehicle and question its
occupants as to their citizenship and immigration status.
Unlike checkpoints, vehicle stops by "roving patrols" always constitute a "seizure". Thus,
under the Fourth Amendment, they must be justified by reasonable suspicion. In United States V.
Brignoni-Ponce, 422 U.S. 873 (1975), the Supreme Court held that INS Officers on roving patrol
may not stop a vehicle unless they have formed a "reasonable suspicion", based on "articulable
facts" and rational inferences derived from those facts, that the vehicle is transporting aliens who
may be illegally in the U.S. In Brignoni-Ponce, the Court considered apparent Mexican ancestry
to be a "relevant factor" in ascertaining "reasonable suspicion". However, it did not find Mexican
ancestry to be a sufficient factor to justify a vehicle stop on its own.
At worksites, the Supreme Court ruled in INS V. Delgado, 466 U.S. 210 (1984), that the
interviewing of employees who remained free to move about and continue working constituted a
consensual encounter and not a "seizure". Since no "seizure" of the workforce had occurred in
the initial worksite encounters with Immigration Officers, the plaintiffs could not claim that their
Fourth Amendment rights had been violated.
An individual's apparent ethnicity is highly relevant in identifying whether someone may
)
2 INA section 235(a)(3), 8 U.S.C. 1225(a)(3).
3 INA section 287(a)(1), 8 U.S.C. 1357(a)(1).
4 INA section 287(a)(3), 8 U.S.C. 1357(a)(3). "Reasonable distance" means within 100 air miles from any
external boundary of the United States [8 U.S.C., sect. 287.1(a)(2)].
10
DAG
2687 514 ZOZO
RE:TT
BR/20/01
:
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Programs, Policies & Practices
be a foreign national. Numerous court decisions have recognized that apparent ethnicity is an
appropriate factor to consider in making a reasonable suspicion determination. See U.S. V.
Martinez-Fuerte It is inappropriate both under federal decisions and INS policy [cite and attach],
to rely on racial appearance or ethnicity as a sole basis for detaining or questioning an individual.
Instead, racial appearance or ethnicity may only be one of a series of factors to be considered in
establishing a reasonable suspicion. [cite]
In addition to ethnic appearance, various factors have been accepted by the courts as
"articulable facts" that may justify a reasonable suspicion of illegal alienage, including: 1) place
and time of the encounter; 2) demeanor of individuals stopped and their reactions to the presence
of INS Officers; 3) appearance/dress/grooming showing signs of either an immediate border
crossing or of the individual not belonging in the U.S.; 4) speech; 5) information from outside
sources such as intelligence reports or tips; 6) rational inferences from officers' previous
experience and training; and 7) in case of vehicular stops, characteristics of the vehicle (e.g.,
appearance, occupancy, speed of travel, etc.).⁵
By law, consensual encounters differ sharply from detentive stops in not requiring any
particular suspicion by the law enforcement officer as long as the person being interviewed
remains free to leave or otherwise terminate the encounter. Nevertheless, INS training regarding
the use of ethnicity is the same for consensual encounters and other contacts not restricted or
governed by the Fourth Amendment, such as border and checkpoint inspections. Ethnicity is only
one factor among many that may be considered before engaging in any such encounters, and
should not be the dominant factor.
INS policy on the legitimacy of using race or ethnicity as one factor among many is
reflected in various manuals and Commissioner memorandum, including: 1) The Law of Arrest
Search and Seizure for Immigration Officers (M-69); 2) Border Patrol Handbook; 3) INS
Investigator's/Special Agent's Handbook; 4) Immigration Officer's Field Manual for Employer
Sanctions; 5) Inspector's Field Manual; and 6) Commissioner Memo on the Apprehension of
Aliens in Worksite Enforcement Operations, dated 12/31/96. See Appendix A.
Training
The INS trains its officers on how to identify and articulate rational factors for stops and
searches consistent with the Fourth Amendment's protections against unreasonable police action.
The INS does not offer training regrading proper use of ethnicity in non-Fourth Amendment
$ [citc].
6
INS V. Delgado, 466 U.S. 210 (1984).
11
Fairness in Law Enforcement: Collection of Dala
DRAFT Report Addressing Programs, Policies & Practices
stops.
Immigration Officer Academy
The Immigration Officer Academy is responsible for the basic training of all Deportation
Officers, Immigration Agents, Immigration Inspectors, and Immigration Special Agents. All
trainees receive eight hours of instruction in INS Statutory Authority focusing on section 235 and,
in greater detail, section 287 of the INA.¹ Under INA section 235, trainees are taught that all
applicants for admission shall be inspected by Immigration Officers at the port of entry for the
purpose of establishing admissibility to the U.S. Also explained and discussed is the authority to
stop, board and search a conveyance (i.e., a vehicle) at the port of entry.
Additional topics regarding INA section 287 include: authority to interrogate without a
warrant, authority to arrest without a warrant for both administrative and criminal violations;
authority to search a conveyance without a warrant within a reasonable distance of the border;
authority to enter private lands, but not dwellings, within 25 miles of the border for the purpose of
preventing the illegal entry of aliens; and prohibition to enter a farm without a warrant, or the
consent of the owner, to interrogate a probable alien as to his or her right to be in the U.S.,
unless evidence exists that the persons has just crossed the border.
Other areas of instruction on INA section 287, include: a review of court precedent that
clarifies proper use of ethnicity in traffic stops and the reasonable suspicion requirement for
detentive stops.* At the conclusion of the course on Statutory Authority, trainees are shown a
portion of the video entitled "Fourth Amendment Issues at the Worksite" which provides
instruction by the INS Office of General Counsel on lawfully executed searches and seizures.
Officers are also trained on the three levels of encounters with the public (consensual,
investigative stop, and arrest) and the corresponding degrees of suspicion which are required to
take action. Emphasis is placed on the statutory obligation to conduct investigative stops only on
reasonable suspicion of a criminal or administrative offense that falls within the officer's
jurisdiction.
In addition to the core instruction on Statutory Authority, Special Agents, Immigration
Agents, and Deportation Officers must complete a 2-hour course on Alien Encounters & False
Claims to United States Citizenship. This training sets forth effective techniques to employ when
7 See Attachment 7
8 U.S. V. Brignoni-Ponce; Terry V. Ohio.
9 See Attachment 8
12
010/014 П
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Programs. Policies & Practices
encountering and questioning aliens during the course of an investigation.
All trainees, irrespective of specialization, undergo intensive Spanish language and cultural
awareness training. Beyond the functional language competency, the INS considers it especially
important to make its officers aware that verbal expressions, as well as non-verbal clues, can be
interpreted very differently depending on the origins of the immigrants, even when they ostensibly
share Spanish as one formal language of communication. To this end, all trainees receive a
Supplemental Material Booklet that identifies differences in regional dialect and slang expressions.
The Behavioral Science Division (BSD) of the Federal Law Enforcement Training Center
(FLETC) offers to all trainees, with the exception of Adjudication Officers, additional courses and
laboratories related to cultural diversity. Understanding and respecting cultural differences is
essential to an officer's ability to fulfill his or her duties. The BSD teaches several ways to
recognize and overcome the principal barriers to intercultural communications. All officers are
trained to demonstrate professionalism when identifying themselves, to develop rapport based on
mutual respect, to understand verbal and non-verbal communications, and to utilize proper
methods and techniques when dealing with victims and witnesses.
Border Patrol Academy
The Border Patrol Academy is responsible for both entry-level training for new Border
Patrol Agents and for the advanced training of incumbent Border Patrol Agents at the GS-9 and
GS-11 levels. New agents receive 26 hours of instruction on Statutory Authority. 10 Trainees are
provided with appropriate factors upon which to rely when making traffic and pedestrian stops,
including vehicle characteristics, proximity to the border, abnormal behavior, demeanor, speech,
attire, ethnic appearance and many others. The curriculum stresses that pedestrian and "roving
patrol" traffic stops based on race or ethnicity alone are illegal. The required degree of suspicion
must be based on a combination of articulable facts, one of which may be ethnic appearance.
Similarly, trainees are taught that the referral of vehicles to secondary inspection at a traffic
checkpoint must be supported by "mere"11 suspicion that illegal aliens are being transported in the
vehicle. Constitutional law and relevant court decisions are discussed with emphasis not only on
the Fourth, but also on the Fifth and Sixth Amendments.¹² In addition, the FLETC devotes 3
hours to officer liability and criminal sanctions relating to violations of an individual's
constitutional rights.
The first duty station for all Border Patrol Agents is on the Southwest Border. Therefore,
10 See Attachment 9
" "Mcre" suspicion is defined as the lowest level of suspicion. It requires few articulable facts, but
associated actions are very limited. See Attachment 10, page 8.
12 Cases include U.S. V, Brignoni-Ponce and U.S. V. Martinez Fucrte.
13
20202 514 8887
11:36
BB/LN/0T
DAG
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Programs, Policies & Practices
Border Academy trainees receive training on Spanish language and cultural sensitivity and
diversity issues. Discussions are held on prejudice, ethnocentrism, language barriers and ignorance
of cultural norms. Several other courses that address discrimination and intercultural issues are
taught at the Academy. Among these are Ethics and Conduct, Sexual Harassment,
Communications for Border Patrol, Victim and Witness Awareness, Authority (i.e., the
appropriate use of authority), EEO issues, and Officer Liability. In relation to civil and
constitutional rights, trainees are taught that, except for very limited exceptions, foreign nationals
who have entered the U.S. are afforded the same rights and protections guaranteed to U.S.
citizens.
The Border Patrol Academy also offers separate programs of advanced training for GS-9
and GS-11 agents. Every year, a total of 750-800 journeyman agents receive advanced training at
the Academy. Each program lasts 8 days and contains a 4-hour block entitled Legal Updates.¹³
This segment, taught by INS attorneys, includes a review of recent legal developments, the
identification and discussion of civil lawsuits alleging that agents were stopping Hispanics
illegally, and instruction on the importance of relying on factors other than ethnicity when making
"roving patrol" stops.
Recommendations
INS documents (M-69, and officers' handbooks) and training curricula focus on the
articulable facts necessary to substantiate the reasons for a detentive or investigative stop,
including ethnicity or ethnic appearance. The fact that ethnicity cannot be the sole factor for
determining whether to conduct a detentive or investigative stop needs to be re-emphasized.
In addition, the INS documents and training curricula are deficient in emphasizing the
point that the INS' policy on use of ethnicity applies equally to non-Fourth Amendment
encounters. While an Immigration Officer may not be called upon to articulate the factors that
contributed to his or her engaging in such an encounter, the officer must nevertheless only
consider ethnicity as one of many, and not the sole, factor in making that decision. The INS will
determine where revisions may need to be made in its documents and training curricula in order to
clarify this policy, and institute the necessary modifications.
Based on an analysis of data collected after six months of the field test, INS would be
better able to determine if ethnicity is a critical factor in accurately predicting nationality. At that
point, further modifications to INS policy or training may be warranted.
VI
UNITED STATES MARSHALS SERVICE
13 Sce Attachment 10
14
8887 511 7070
11
BR/20/0T
DAG
]
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Programs, Policies & Practices
Mission
The Marshals Service's mission is to find and apprehend fugitives. It is also responsible
for protecting federal judicial officers and others who are subject to threats, and transporting
detainees for the federal courts and aliens for the INS.
Policies and practices
The Marshals Service engages in few non-suspect specific encounters. When presented
with warrants issued by federal courts, the race, ethnicity and gender of the subject is
predetermined.
The Marshals Service does not operate its own detention facilities. It assumes custody of
arrestees detained by the Federal courts and if a conviction results, delivers such persons to the
Bureau of Prisons. In addition to relying on the BOP, the Marshals Service relies on private and
local jails near each Federal courthouse to house the detainees. Consequently, the Marshals
Service does not have policies for classifying detainees according to ethnic gangs or by using
other ethnic classifications. If the Marshals Service knows or is informed that a person is
endangered by a gang, it will notify the jail involved that the detainee needs to be protected from
the harm. The jail will follow its procedures in the specific situation. This procedure is the same
one the Marshals Service would follow to protect one incarcerated co-defendant who was going
to testify for the government and was threatened by another incarcerated co-defendant of the
same racial and ethnic background as himself or herself.
The Marshals Service has developed several policies that distinguish between housing and
transporting male and female detainees. Male and female detainees are kept in separate holding
cells at courthouses and are confined in separate jail facilities. On air flights, female and male
detainees may be transported together, but female detainees must be under visual surveillance of a
matron or female Deputy U.S. Marshal at all times. In ground transportation, female and male
detainees are normally transported separately. If they must be transported together, every effort
is made to separate them in the vehicle and to have a female matron or female Deputy U.S.
Marshal accompany a female detainee. If no Marshals Service matron or female Deputy U.S.
Marshal is available, female personnel are requested from local law enforcement agencies. If
female detainees must be transported by only male Deputy U.S. Marshals, a Marshals Service log
book must have an entry before the trip of the time of departure, the odometer reading on the
vehicle, the persons in the vehicle, and the estimated time of arrival at the destination As a
general rule, a detainee taken to a medical facility must be restrained as any other detainee who is
being transported. One exception to this rule is a female in labor. There is a policy relating to
pregnant detainees.
Training
15
1010/01
9VC
1687 S14 7070
11:11
RR/20/01
Fairness in Law Enforcement: Collection of Data
DRAFT Report Addressing Programs, Policies & Practices
[insert]
Recommendations
[insert]
16
DAG
LRRA JJC ZOZO
11:11
RR//0/0T
PROP4.JS
(10/4/99)
DEPARTMENT OF JUSTICE PROPOSAL
RESPONDING TO THE EXECUTIVE MEMORANDUM ON FAIRNESS IN LAW ENFORCEMENT
1.
Purpose
To respond to the Executive Memorandum on Fairness in Law Enforcement.
II.
Background
On June 9, 1999, President Clinton issued an executive memorandum to the Secretary of the Interior, the
Attorney General. and the Secretary of the Treasury directing them "to design and implement a system to
collect and report statistics relating to race, ethnicity, and gender for law enforcement activities in each
department." Each Department was required to submit their data collection proposal by October 9. 1999.
The executive memorandum requires each of the agencies within the respective Departments to improve
data collection at all levels of law enforcement to address the problem of racial profiling. Department of
Justice representatives have worked with Interior, Treasury, and Office of Management and Budget
officials to ensure the use of standard race and ethnicity definitions and collection methods.
The executive memorandum explicitly requires the collection and reporting of data describing persons
who are stopped or searched by Federal law enforcement. Data describing persons arrested by Federal
law enforcement and prosecuted by U.S. attomeys will also be collected and analyzed.
Pursuant to the executive memorandum, four tasks are required of the Departments:
(1)
within 120 days of the memorandum, a proposal for a system of a data collection and
implementation plan will be developed;
(2)
to the extent practicable, data sufficiently detailed to permit further analysis, will be collected on
the activities of each Department's law enforcement agencies; and
(3)
prepare a report summarizing the information collected during the first year including (a) an
evaluation of the field test, (b) an implementation plan for expanded data collection, and (c)
recommendations for improving the fair administration of Federal law enforcement activities.
(4)
within 120 days of the memorandum, prepare a report describing training programs, policies, and
practices regarding the use of race, ethnicity, and gender in law enforcement practices and
recommendations for improvement.
Within 60 days of the submission of this proposal the agencies are required to begin the field test of the
data collection systems. Following the first year of the field test, the Attorney General will prepare a report
for the President summarizing the information collected during the first year including (a) an evaluation of
the field test, (b) an implementation plan for expanded data collection, and (c) recommendations for
improving the fair administration of Federal law enforcement activities. This report will be prepared by
May 31, 2001.
This document describes the proposed data collection plans for the participating Department of Justice
law enforcement agencies. Within the Department of Justice, the Drug Enforcement Administration and
the Immigration and Naturalization Service were determined to be the agencies that routinely engage in
nonsuspect specific public encounters on a regular basis. The Federal Bureau of Investigations, U.S.
Marshals Service, and the Bureau of Prisons do not engage in nonsuspect specific public encounters.
1
022
DVC
LBRA 914 ZOZO.
77:0T
RR/90/0T
While only the Drug Enforcement Administration and the Immigration and Naturalization Service were
selected for the field test of a data collection system for nonsuspect specific public encounters, all
agencies will provide data collected on arrests made, or in the case of the U.S. Attorneys, suspects
prosecuted. The analysis of these data will assist in the identifying racial or ethnic disparities in Federal
law enforcement agencies' activities related to arrests, prosecutorial decisions, and issues relating to the
sentencing of Federal offenders under the provenance of the U.S. Attorneys, e.g., motions for downward
departures for substantial assistance to the government.
III.
Issues relating to the collection of race and ethnicity
On October 30, 1997, the Office of Management and Budget (OMB) revised the Standards for the
Classification of Federal Data on Race and Ethnicity.¹ As part of the revised OMB standards, Federal
agencies are required to collect a minimum of five categories for data on race:
American Indian or Alaska Native,
Asian,
Black or African American,
Native Hawaiian or Other Pacific Islander, and
White.
Additionally, two categories are required for data collected on ethnicity:
Hispanic or Latino, and
Not Hispanic or Latino.
OMB encourages agencies to collect data concerning race and ethnicity by self-report using the two-
question format and allowing multiple responses to the race question. For purposes of implementing the
Executive Memorandum on Fairness in Law Enforcement, Federal agencies will be permitted to record a
single race category by observation. A "combined format" may be used for observer-collected data on
race and ethnicity. The combined format has six categories - the five categories of race plus "Hispanic or
Latino." OMB standards encourage the collection of greater detail as long as additional categories can be
aggregated into the minimum categories for race and ethnicity.
Federal programs collecting data for use in household surveys, administrative forms and records, and
other data collections must be consistent with the OMB standards as soon as possible but not later than
January 1, 2003.
To ensure consistency and comparability of data across its agencies, the Department of Justice will
require that agencies collect race and ethnicity data using the categories prescribed by OMB, Currently,
only the Bureau of Prisons and the Drug Enforcement Administration collect race and ethnicity data using
the two-question format.
A.
Determining race and ethnicity: self-report vs. observation
At the Attorney General's June 1999 conference on Strengthing Police-Community Relationships,
participants generally agreed that race and ethnicity data collected during a public encounter by
law enforcement should be based on the observation of law enforcement officers rather than self-
1 62 Fed. Reg. 58782 (1997).
2
003
DAG
1689 TC Z.07.0.
07:01
reports by the person contacted. Conference attendees generally agreed it would be improper for
law enforcement officers to ask questions about a person's race and ethnicity during a public
encounter. Such questioning may, in fact, aggravate extant perceptions of racial discrimination by
law enforcement officers.
OMB standards permit the collection of data on race and ethnicity through observation in
instances where it is deemed impractical to collect such data through self-reports, e.g., by a
medical examiner when completing a death certificate. Following the recommendation of
conference participants, the Bureau of Justice Statistics (BJS) in the Department of Justice has
informed OMB that the collection of data on race and ethnicity will be through observation when
making nonsuspect-specific public encounters.
B.
Issues relating to ethnicity
Currently, the minimum designation for ethnicity as part of the OMB Standards for the
Classification of Federal Data on Race and Ethnicity is "Hispanic or Latino." With regard to
implementing the Executive Memorandum on Faimess in Law Enforcement, additional ethnic
groups should be recognized so as to permit the monitoring of encounters involving other ethnic
groups that are of particular interest or concern to specific Federal law enforcement agencies.
Where appropriate, additional categories will include Arabic/Middle Eastern or Southeast Asian.
IV.
Agency data collection proposals
For a complete picture of Federal law enforcement activities and processing of defendants, data
describing Federal law enforcement activities will be collected and analyzed describing (1) nonsuspect
public encounters, (2) suspects arrested by Federal law enforcement agencies, (3) defendants prosecuted
in Federal courts, and (4) defendants sentenced in Federal courts. Several Federal agencies - including
the US Marshals Service, the Executive Office for the US Attorneys, the Federal Judiciary, the US
Sentencing Commission, and the Bureau of Prisons -- currently provide data on the processing of Federal
defendants to the Bureau of Justice Statistics as part of its Federal Justice Statistics Program.
A.
Nonsuspect specific public encounters
The executive memorandum requires that a field test of the proposed data collection system
begin within 60 days of finalizing the proposal, or December 7, 1999. While many of the activities
can begin on or around that date, it is unlikely that a completely automated data entry system
could be designed and implemented by that date. As a result of competing Y2K issues, the DOJ
agencies (and in the case of the Immigration and Naturalization Service, the U.S. Customs
Service) are not expected to have automated systems in place until March 31, 2000. Until
automated systems are in place, data collection will be conducted manually.2
1.
Drug Enforcement Administration
Despite intervening Y2K priorities, the Drug Enforcement Administration has proposed to
implement interim procedures to collect information on nonsuspect-specific public
encounters. As with its current procedures relating to arrest data, data will be collected by
special agents in hard copy. Data collection forms will be forwarded by each participating
field office to DEA Headquarters in Arlington, VA on a regular basis and keypunched by
DEA data entry staff. Following the design and implementation of modifications to its
Divisional Enforcement Activity Log system, data entry will be completed in each
2 The U.S. Customs Service maintains the Interagency Border Inspection System used by INS. According to INS, any
changes to this system will need to be accomplished by the U.S. Customs Service.
3
001
DAG
LBRA 514 7070
07:01
RR/QN/NT
participating field office. Hard copies of the data collection forms will continue to be
forwarded to Arlington for archiving and quality control.
As part of its Operation Jetway drug interdiction program, DEA special agents routinely
make pedestrian stops in airports, train and bus stations, and parcel facilities. The Drug
Enforcement Administration has Identified a set of factors it considers when approaching
an individual suspected of transporting controlled substances. Searches - - both consent
and warrantless - of persons encountered may be conducted of those stopped.
The Drug Enforcement Administration is proposing six Operation Jetway sites for the field
test: Newark International Airport, Chicago-O'Hare International Airport, George Bush
Intercontinental Airport (Houston), Miami International Airport, Albuquerque, NM train
station, Cleveland, OH train station, Charleston, SC bus station and Sacramento, CA bus
station. The selection of six varied sites will provide for the monitoring of people using
different modes of transportation under the observation of DEA special agents. BJS will
analyze the data collected by DEA.
To determine whether race and ethnicity are used by DEA agents as criteria for initiating
contact, an independent study of the demographic characteristics of persons using those
transportation terminals will eventually be needed. Certain modes of transportation and
transportation terminals in certain areas may be used more frequently by persons of
particular racial or ethnic groups. Therefore, it is important to determine the demographic
composition of the population observed by DEA special agents as part of Operation
Jetway.
BJS is pursuing a variety of research and monitoring techniques available to help
estimate the demographic composition of the total population under consideration. This is
necessary to determine whether law enforcement disproportionately encounters a
particular race or ethnic group in non-suspect stops.
2.
Immigration and Naturalization Service
The field test by the Immigration and Naturalization Service is complicated by three
factors: (1) the data systems used by INS are developed and maintained by the U.S.
Customs Service; (2) INS is statutorily required to process passengers arriving into the
United States by plane within 50 minutes of arrival;³ and (3) the volume of entrants
processed by INS - more than 450 million primary inspections are conducted annually -
would make any data collection involving the population of those entering impractical.
According to the Department of Treasury, it is unlikely that the Interagency Border
Inspection System (IBIS) can be modified to incorporate changes required of this effort
before the end of the calendar year. Customs Service resources are committed to
resolving Y2K issues before any new applications can be developed or existing
applications modified.
All persons entering the United States are interviewed by INS inspections officers at land
border crossings, seaports, and airports. (At some land borders, INS and Customs
inspectors share duties.) The Immigration and Naturalization Service has identified a set
of factors Its agents consider when making secondary referrals. Additionally, INS Border
Patrol agents routinely patrol areas near land borders for persons illegally crossing into
the United States and INS investigators routinely investigate employers to determine
3
get citation.
4
900
DAG
1.889 TO ZOZO
17:01
whether they employ illegal aliens. Investigations of employers will be excluded from the
field test because these investigations are initiated following a review of employment and
tax records rather than onsite inspections.
To determine the demographic characteristics of those entering the United States, the
collection of race and ethnicity data on a statistical sample of those entering the United
States would be most practical. Samples could be drawn from the INS's Advance
Passenger Information System. Full data collection would be conducted on those
persons referred for secondary inspection.
The Immigration and Naturalization Service is proposing ports of entry for the field test
including John F. Kennedy International Airport, George Bush Intercontinental Airport
(Houston), and Seattle/Tacoma Airport. In addition, Border Patrol agents conducting
"roving patrols" stationed at the El Cajon Station (near San Diego, CA), Yuma Station
(near Yuma, AZ), and El Paso Station (near El Paso, TX) will also participate in the field
test. A fixed checkpoint station will be included in the field test (at a site to be
determined). Inclusion of a land-based port of entry also under active consideration.
3ugle
Big 7X
The U.S. Customs Service has proposed John F. Kennedy Airport as a site for Its field
test. Accordingly, the collection of data on the enforcement activities of the Drug
Enforcement Administration, the Immigration and Naturalization Service, and the U.S.
Customs Service at the same airports (e.g., JFK Airport: INS and Customs; Houston:
DEA and INS) will permit comprehensive monitoring of the law enforcement activities
relating to persons using a selected ports of entry.
The Immigration and Naturalization Service submitted a proposal to BJS describing the
scope of its activities relating to the Executive Memorandum (See. Attachment 1)
3.
Data elements to be collected
A core set of data elements is proposed for the participating law enforcement agencies to
collect on each nonsuspect-specific public encounter or, in the case of the Immigration
and Naturalization Service, on each referral for secondary inspection. Information
describing demographic characteristics such as gender. race, ethnicity, national origin,
and date of birth will be based on the agents' observation of the person encountered or
official documents, e.g., drivers' license and passports, where available. The minimum
data elements that will be collected are:
Date of the encounter. Month, day, and year of the encounter.
Time of the contact (start): Time of day the contact was initiated.
Gender. The person's observed gender - Male or Female.
Race and Ethnicity. Race and ethnicity will be collected in accordance with the
OMB Standards for the Classification of Federal data on Race and Ethnicity (See,
attachment 2).
National origin: National origin will be collected for all encounters at land border
crossings, sea ports, International airports, and roving patrols by INS Border
Patrol Agents. National origin will be based on the agents' review of travel
documents Including passports and visas.
Location of contact. General information describing the location of the
encounter such as the name of the border crossing, seaport, airport, train or bus
station, or street address. For encounters in airports, information identifying the
terminal (domestic, international (arrivals or departures)) will also be collected.
5
900
AVG
IRQQ TC 7070
07:0T
Suspected criminal activity: The illegal activity for which the person is
suspected will be collected. NCIC codes describing criminal activity will be used
(See, attachment 3).
Reason(s) for contact. The reasons the agent initiated contact with the person
will be recorded. For INS inspections, only the reasons the person was referred
to secondary inspection will be recorded, since primary inspection is required of
all persons attempting entry into the United States.
External sources of information on the person contacted: Any external
sources of information regarding potential illegal activity by the person will be
recorded.
Law enforcement action taken: Actions taken by agents in response to the
initial encounter will be recorded. Possible actions by agents include: citation,
consent searches, warrantless searches, temporary detention, arrest, and
voluntary departure (INS only).
Time of contact (end): Time of day the contact was concluded.
Additionally, the agencies may collect supplemental data elements for administrative
purposes.
B.
Arrest and Prisoner data
Currently, each of the DOJ law enforcement agencies collects information describing persons
arrested. As part of its tasks related to the executive Memorandum, the Bureau of Justice
Statistics reviewed each agency's data collection system to determine the extent to which data
describing the arrestee's race, ethnicity, and gender was collected and whether those data
elements were collected in a manner consistent with the OMB Standards for the Classification of
Federal data on Race and Ethnicity.
The Bureau of Justice Statistics plans to incorporate Federal arrest data into its ongoing Federal
Justice Statistics Program. Through its Federal Justice Statistics Program, the Bureau of Justice
Statistics currently compiles Federal criminal case processing data from the U.S. Marshals
Service, the Executive Office for U.S. Attorneys, the Administrative Office of the U.S. Courts, the
U.S. Sentencing Commission, and the Bureau of Prisons. By incorporating arrest data into an
existing program. BJS can ensure that these data are regularly and systematically analyzed and
reported. Arrest data can be used to monitor the racial and ethnic composition of persons at each
stage of the Federal criminal justice system.
1.
U.S. Marshals Service.
The U.S. Marshals Service is a central repository for information on persons arrested and
booked by Federal law enforcement agencies for Federal offenses. During fiscal year
1998, the U.S. Marshals Service processed 106,180 arrestees (See, attachment 4). Of
these, the U.S. Marshals arrested 29,024, or 27% of all Federal arrestees.
The U.S. Marshals Service Prisoner Tracking System does not comply with the OMB
Standards for the Classification of Federal data on Race and Ethnicity. Currently, the only
racial or ethnic categories collected by the Marshals Service are: White, Black, Asian,
Indian, and Other. For the Marshals Service to meet the minimum requirements of the
OMB standards, the race/ethnicity data element would need to be expanded to include
Hispanic and Native Hawaiian or Other Pacific Islander.
6
007
/
DAG
LBRA 514 ZOZO
07:01
2.
Drug Enforcement Administration.
The Drug Enforcement Administration (DEA) collects information on all persons arrested
by DEA special agents regardless of whether the person is prosecuted in Federal, State,
or foreign courts. The court of jurisdiction is identified. During fiscal year 1998, DEA
special agents arrested more than 30,000 persons.
The Drug Enforcement Administration Defendant Statistical System and Division
Enforcement Activity Log do not comply with the OMB Standards for the Classification of
Federal data on Race and Ethnicity. The DEA systems currently lacks a separate racial
group for Native Hawaiian or Other Pacific Islander. These racial groups are collected as
part of the Asian category. For DEA to comply with the OMB standards, the current
category Asian-Pacific Islander will need to be disaggregated into Asian and Native
Hawaiian or Other Pacific Islander.
3.
Federal Bureau of Investigation.
The Federal Bureau of Investigation (FBI) collects information on all persons arrested by
FBI special agents regardless of whether the person is prosecuted in Federal, State, or
foreign courts. During fiscal year 1998, FBI special agents arrested
persons.
Discussion of FBI compliance with OMB standards forthcoming.
4.
Bureau of Prisons.
The Bureau of Prisons collects information on all persons under its jurisdiction, i.e.,
pretrial detainees in selected metropolitan areas, sentenced offenders, and certain other
long-term detainees. Bureau of Prisons correctional officers make few arrests. As of
December 31, 1998, 123,041 persons - about 90% of whom had been convicted - were
under the jurisdiction of the Bureau of Prisons.
The Bureau of Prisons SENTRY data system does not comply with the OMB Standards
for the Classification of Federal data on Race and Ethnicity. The BOP system currently
lacks a separate racial group for Native Hawaiian or Other Pacific Islander. These racial
groups are collected as part of the Asian-Pacific Islander category. For BOP to comply
with the OMB standards, the current category Asian-Pacific Islander will need to be
disaggregated into Asian and Native Hawaiian or Other Pacific Islander.
5.
Immigration and Naturalization Service.
Discussion of INS data system forthcoming.)
C.
Prosecutions in Federal court
Currently the Executive Office for U.S. Attorneys does not collect demographic Information on
persons investigated or prosecuted by U.S. Attorneys. Demographic Information on persons
arraigned on Federal charges is available from the Federal judiciary.⁴
To facilitate a more comprehensive analysis of prosecutorial decisions - particularly U.S. Attorney
declinations - the Executive Office for U.S. Attorneys will incorporate into their existing data
4 These data are routinely obtained by the Bureau of Justice Statistics as part of its Federal Justice Statistics Program.
7
800
DAG
IR89 TC 7070
collection system - LIONS information on the race, ethnicity, and gender of persons
investigated.
D.
Sentencing of convicted Federal defendants
The Executive Office for U.S. Attorneys does not collect demographic information on persons
convicted and sentenced in the Federal courts. Demographic information on persons sentenced
in the Federal courts is available from the U.S. Sentencing Commission.
V.
Coordination with the Departments of Interior and Treasury
A.
Department of Interior
The Department of Interior has submitted a data collection proposal under separate cover. (See,
Attachment 5)
The Department of Interior employs sworn law enforcement officers in five different agencies:
Bureau of Indian Affairs, Bureau of Land Management, Bureau of Reclamation, National Park
Service, and the U.S. Fish and Wildlife Service. Officers in many of these agencies do not have
general law enforcement authority, seldom have regular contact with the public, and make few
arrests. The National Park Service - both U.S. Park Police and Park Rangers - - was the only
agency identified by the Department of Interior as having regular contact with the public and
making a substantial number of arrests.
The Department of Interior has agreed to collect data in the manner prescribed by the Department
Justice. The data collection system will be field tested in 10 sites:
Lake Mead National Recreation Area (Nevada and Arizona)
Yosemite National Park (California)
Grand Canyon National Park (Arizona)
Glen Canyon National Recreation Area (Arizona and Utah)
National Expansion Memorial (Missouri)
Indiana Dunes National Lake Shore (Indiana)
Natchez Trace Parkway (Mississippi and Tennessee)
Blue Ridge Parkway (Virginia and North Carolina)
Valley Forge National Historical Park (Pennsylania)
Delaware Water Gap National Recreation Area (Pennsylvania and New Jersey)
Baltimore Washington Parkway (Washington DC and Maryland)
Data collected by the Department of Interior will be analyzed by the Bureau of Justice Statistics
and included in the report to the President prepared by the Attorney General.
B.
Department of Treasury
The Department of Treasury has submitted a data collection proposal under separate cover.
The Department of Treasury employs law enforcement officers within the Bureau of Alcohol,
Tobacco and Firearms, Internal Revenue Service, U.S. Customs Service, and U.S. Secret
Service. The uniformed division of the Secret Service and the U.S. Customs Service were the
two agencies identified by the Department of Treasury as having regular contact with the public
and making a substantial number of arrests resulting from that contact.
8
600
9VC
/RRQ TTC 7070
The Department of Treasury has agreed to follow the general data collection standards
Identified by the Department of Justice - - particularly as they relate to the collection of
data on race and ethnicity. Treasury will field test their data collection system in
Washington DC (for the uniformed division of Secret Service) and at Chicago O'Hare
International, JFK International, Newark Internatonal, Miami International, and Los
Angeles International airports (for the U.S. Customs Service).
The Department of Treasury will separately analyze and report on data collected as part
of the field test. This analysis will be included in the report from the Attorney General to
the President.
9
OTO
DAG
1689 TC 7020
17:0T
RR/QN/NT
10/05/99 TUE 19:18 FAX
004
Draft, 10/01/99, 5:30 p.m.
DEPARTMENT OF THE TREASURY
REPORT ON FAIRNESS IN LAW ENFORCEMENT
October 1999
INTRODUCTION
On June 9, 1999, President Clinton issued a Directive, entitled Fairness in Law
Enforcement: Collection of Data, directing the Secretary of the Treasury, the Attorney
General, and the Secretary of the Interior to design and implement a system "to collect
and report statistics relating to race, ethnicity, and gender for law enforcement activities."
To gain a better understanding of actual practices, the Presidential Directive mandates
that the Treasury, Justice and Interior Departments each develop a proposal "for a system
of data collection and an implementation plan for a field test of that system." President
Clinton also instructed the three Departments to "provide a report on the training
programs, policies, and practices regarding the use of race, ethnicity, and gender in law
enforcement activities, along with recommendations for improving these programs,
policies, and practices." A report is to be submitted to the President within 120 days of
the Presidential Directive. This report responds to that requirement.
TREASURY'S IMPLEMENTATION OF THE PRESIDENT'S DIRECTIVE
It is the policy of Treasury and its law enforcement bureaus to prohibit their employees
from selecting persons for inspection, investigation or other law enforcement activity on
any impermissible basis such as their race, national origin, or gender. This policy is
communicated to employees by Treasury and bureau management and is part of the
training Treasury bureau personnel receive. Personnel who violate this policy are subject
to disciplinary action.
Although Treasury and its bureaus' policies against discriminatory practices are
longstanding, no comprehensive study has been done on how these policies are followed
in the field. In accordance with the President's directive, Treasury has designed a data
collection field test to gain a better understanding of actual practices. The data collected
is to "be sufficiently detailed to permit an analysis of actions relevant to the activities of
the included law enforcement agencies by race, ethnicity, or gender." The data acquired
is not to contain any information that may reveal the identity of any individual. The
Presidential Directive also provides that each Department must implement field tests
within 60 days of finalizing the data collection proposal. Treasury's field test is
scheduled to begin on December 1, 1999, and will conclude on December 31, 2000. At
the conclusion of the one-year field test, Treasury and Interior will provide the Attorney
General with a summary of the information collected which will include "civilian
complaints received alleging bias based on the race, ethnicity, or gender of the
1 Although Treasury's field test period for purposes of the Presidential Directive begins on December 1,
1999, Customs has already begun collecting the relevant data.
10/05/99 TUE 19:18 FAX
005
Draft, 10/01/99, 5:30 p.m.
complainant in law enforcement activities; the process for investigating and resolving
such complaints; and the outcome of any such investigations."
As discussed in more details below, Treasury's field test will provide a statistical
snapshot of traffic stops, pedestrian stops, and the more extensive inspections or
interviews of entrants to the United States being conducted by the Secret Service and the
Customs Service. This data, in turn, will assist Treasury and all of its bureaus in refining
its policies and training to prevent racial profiling and other prohibited discriminatory
actions.
Methodology
The Department of the Treasury's Office of Enforcement convened a working group to
formulate Treasury's data collection project and field testing plan. The working group
was comprised of one or more individuals from each of the Treasury law enforcement
bureaus who have expertise in data collection, computer systems, and stop and search
issues. The working group reviewed bureau policies and training curricula, and
developed a proposal for a data collection field test.
PART I:
DATA COLLECTION PROPOSAL
Treasury's data collection proposal will allow for the review of the law enforcement
activities of two components of law enforcement bureaus: the United States Secret
Service Uniformed Division, Foreign Missions Branch, and the United States Customs
Service, Passenger Operations, at five inbound air ports of entry.2
Treasury's proposal will enable the Secret Service and the Customs Service to collect
data on the race,³ gender, and ethnicity on such actions as traffic stops, pedestrian stops,
and more extensive inspections or interviews than are customarily conducted with
entrants to the United States.
1
The other Treasury law enforcement bureaus, the Bureau of Alcohol, Tobacco, and Firearms, the Federal Law
Enforcement Training Center, and the Internal Revenue Service, Criminal Investigation Division, do not generally
perform traffic or pedestrian stops. Therefore, they do not have a basis to gather the information requested in the
President's Directive.
3 The Department of the Treasury will use the six combined minimum racial categories as outlined in the Office
of Management and Budget's (OMB) October 1997 issuance on revision to Statistical Policy Directive 15 on the
classification of Federal data on race and ethnicity. The combined racial categories are American Indian or
Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or other Pacific Islander,
and White.
2
10/05/99 TUE 19:19 FAX
006
Draft, 10/01/99, 5:30 p.m.
UNITED STATES SECRET SERVICE
The Secret Service field test will consist of data collection on traffic and pedestrian stops
within the Uniformed Division, Foreign Missions Branch. Uniformed Division officers
(hereafter "officers") will record the reason(s) for the stop and data on the race, gender,
ethnicity based on their observation.
Field Test Area: The Uniformed Division is organized into three branches: Foreign
Missions, Naval Observatory, and the White House Branch. The Foreign Missions
Branch has approximately 100 officers who are responsible for the protection of foreign
diplomatic missions and personnel in the metropolitan area of the District of Columbia.
Foreign Missions officers conduct patrols that cover Northwest Washington, D.C., and a
small portion of Montgomery County, Maryland. The patrol boundaries extend from
Constitution Avenue to East/West Highway in Montgomery County. Officers assigned to
the Foreign Missions Branch provide protection through vehicle patrols, foot patrols and
fixed posts. It is in providing protective coverage for diplomatic locations in the District
of Columbia and the surrounding metropolitan area that the officers come in contact with
the public.
Authority: Title 18, United States Code, Section 3056, is the primary enabling statute
that allows the Secret Service to perform its protective mission and conduct
investigations. The statute authorizes the officers and agents of the Secret Service to
execute warrants issued under the laws of the United States, carry firearms, and make
arrests without a warrant for any offense against the United States committed in their
presence.
Title 3, United States Code, Section 202, provides the officers with law enforcement
authority similar4 to the District of Columbia's Metropolitan Police Department. This
statute charges the Uniformed Division with protecting the Executive Mansion and
grounds in the District of Columbia, any building in which Presidential offices are
located, the Treasury Building and grounds, the President and his or her immediate
family, foreign diplomatic missions located in the metropolitan area of the District of
Columbia, the temporary official residence of the Vice President and grounds in the
District of Columbia, the Vice President and members of his or her immediate family,
foreign diplomatic missions located in metropolitan areas (other than in the District of
Columbia), and foreign diplomatic missions located in such areas in the United States, its
territories and possessions, as the President, on a case-by-case basis, may direct. The
statute also enables the officers to make traffic stops and arrests.
4 Secret Service's powers nearly correspond to those of the Metropolitan Police Department of the District
of Columbia, but relate to the Secret Service's mandated protective responsibilities.
3
007
10/05/99 TUE 19:19 FAX
Draft, 10/01/99, 5:30 p.m.
Project Description: Secret Service Uniformed Division officers are authorized to make
a traffic or pedestrian stop when, in their view an individual is suspected of committing,
has committed, or is about to commit any felony or misdemeanor prosecutable by the
U.S. Attorney. It is the policy of the Uniformed Division that its officers shall, in
situations justifying such action and within constitutional limits, exercise the authority to
stop and frisk. This authority, if properly used, has been identified as an effective police
procedure. Officers are not allowed to abuse this procedure, to harass persons or to cause
them undue discomfort, embarrassment, or inconvenience. Furthermore, officers may not
make these stops on an impermissible basis such as race or gender.
Once officers make the stop, they must establish radio contact with the Foreign Missions
Branch Control Center. The officer must communicate the following information:
identification of unit(s) conducting the stop, license number and description of subject
vehicle, reason for conducting the stop, location where stop is initiated, location where
vehicle stops (if different from where initiated), number and description of occupants, and
general or specialized support needed (criminal records check).
If these stops result in an arrest, this information is gathered and tracked through the
Uniformed Division's case tracking system. For purposes of this project, the officers will
also gather data on these contacts with the public that do not result in an arrest.
Data Collection: Where a stop has been made, but no arrest occurs, officers will be
required to complete a contact card⁵ after each traffic or pedestrian stop. They will record
the person's name, race, gender, ethnicity, and reason for the stop. The individuals
stopped will not be required to provide any information; rather, the officers will record
the race, ethnicity, and gender based upon their own observations. This process was
deemed appropriate to prevent the traffic or pedestrian stop from escalating into a
confrontational situation.
The officers will also indicate the reason for the stop, the location of the stop, and the
reporting officer's name, unit, and section. For the purpose of this proposal, "Stop and/or
Search" will mean any individual who is detained, asked to produce proof of identity, and
subjected to a name search and/or records check through the appropriate law enforcement.
databases. The "Stop and/or Search" will not include those individuals who are subjected
to a cursory stop and/or interview, such as an individual who is stopped for the purpose of
permitting a motorcade to proceed, nor will it include contacts initiated by the citizen.
Under those circumstances the contact card will not be completed.
5 The Secret Service uses the same contact card used by the District of Columbia's Metropolitan Police
Department. It allows the law enforcement officer to indicate the type of stop (pedesurian, vehicle or
bicycle), the location of the stop, the race and gender of the subject, and a justification for the stop or
contact.
4
10/05/99 TUE 19:20 FAX
008
Draft, 10/01/99, 5:30 p.m.
At the end of each shift, officers will be required to turn in the contact cards to their shift
supervisor. The shift supervisor will forward the contact cards to the Deputy Chief's staff
office and the administrative lieutenant⁶ will be responsible for entering the information
into a Microsoft Access or similar database. Each contact card will be cross-referenced
with the communication base radio log, when necessary. This process allows the shift
supervisor to address any inconsistencies between the contact card and the
communication radio log. For example, if an officer reports four traffic stops and turns in
only three contact cards, the shift supervisor will request the additional contact card from
the officer.
Data Compilation: All information on stop and arrests resulting from traffic or
pedestrian stops will be retained in Microsoft Access or a similar database program for
statistical purposes only. As indicated above, the administrative lieutenant's staff will be
responsible for entering the data into the system. These statistics will only be
disseminated to the appropriate requesting agencies. The database will not include
personal identification;' however, the card file will be cross-referenced with a number in
the database to verify accuracy and facilitate the investigation of any citizen complaint.
Complaint Activity: Any complaints that arise during this field test will be handled
through the normal complaint processing channels. The current process allows for a
citizen to file a complaint with the Director of the Secret Service through the Public
Affairs Office. The Public Affairs Office determines the appropriate office to address the
complaint, e.g., Inspection Division or Chief or Deputy Chief of the Uniformed Division
If complainants are not satisfied with the response, they may contact the Department of
the Treasury. The Department of the Treasury contacts the Secret Service for additional
information, provides the complainant with a response and takes appropriate action, if
such action is deemed necessary.
The Deputy Chief, Foreign Missions Branch will be responsible for tracking and
maintaining all complaints related to this data collection project. In addition, based on
the data collected, the Deputy Chief, Foreign Missions Branch will identify any
significant trends and identify any potential concerns.
UNITED STATES CUSTOMS SERVICE
The Customs Service's field test will consist of data collection on the inbound personal
search process at five air ports of entry: Chicago O'Hare International Airport, New York
JFK International Airport, Los Angeles International Airport, Newark International
Airport, and Miami International Airport. Customs inspectors (hereafter "inspectors")
Detent?
ME bash.
a The administrative lieutenant is located in the Deputy Chief's Office.
Zuel
, If the officer makes an arrest, the person's name will be included in the database.
5
10/05/99 TUE 19:20 FAX
009
Draft, 10/01/99, 5:30 p.m.
will record data on the race, gender, and citizenship on passengers subjected to a personal
search.
Field Test Area: The Passenger Operations Branch, which will serve as the test area for
the Customs Service, is responsible for the passenger enforcement process. The
Passenger Operations Branch's principal mission is to increase seizures of contraband
while facilitating passenger traffic flow. With the ever-increasing number of passengers
entering the United States, and increased pressure to meet its interdiction responsibilities,
while still minimizing disruptions to passengers and commercial traffic, Customs uses a
passenger enforcement selectivity process as an important and necessary aspect of its
drug interdiction mission. The passenger enforcement process enables inspectors to
determine which passengers should receive closer attention. It identifies the potential risk
of incoming flights and their passengers in order to determine the level of examination
needed.
Authority: Title 19, United States Code, Section 1581 et sec., gives inspectors the
authority to search, inspect, and/or examine all persons, luggage, and merchandise
discharged or unladen from a carrier arriving in the United States from a foreign
destination. It also enables inspectors to conduct searches of persons at the border to
detect the presence of contraband. Inspectors use training, experience, subject-matter
expertise, information and intelligence related to smuggling trends, and analysis of recent
seizures to determine who, among over 450 million people arriving at the borders each
year, should be searched.
Project Description: The Customs Service, who voluntarily initiated such a procedure
prior to the Presidential Directive, will collect the required data on persons stopped and
searched in the inbound personal processing units at five selected ports of entry. The
personal search data on international travelers is collected and analyzed by the Passenger
Data Analysis Team. The team monitors personal searches, analyzes local and national
trends, uncovers any potential problems, and reports critical areas of concerns to Customs
management. The Passenger Data Analysis Team identifies potential areas of risk using a
four-step process. The team will also use these steps when working with port offices to
develop local passenger compliance and enforcement strategies. The four steps are:
(1) identify potential risks in passenger compliance; (2) analyze and assess risks to fully
comprehend issues; (3) prescribe action to mitigare the risks; and (4) track and follow-up
progress action plan.
Data Collection: Inspectors use the Personal Search Worksheet to record information on
any personal search8 for later transcription into Treasury Enforcement Communications
8 It is important to note that personal searches are conducted in private rooms or areas away from the view
of the general public. Those personal searches that require moving a person to a medical facility for a
medical examination require the approval of the port director or person designated to act in his/her
6
10/05/99 TUE 19:21 FAX
010
Draft, 10/01/99, 5:30 p.m.
System (TECS). Inspectors are responsible for entering the data into TECS prior to the
end of their shift. When the search results in a seizure and/or arrest, the Worksheet
becomes part of the seizure documentation. When no enforcement action results, the
Worksheet will be retained locally for two years and three months from the date of the
search.
The TECS report includes data elements such as race, gender, and citizenship, as well as
detailed narratives regarding the circumstances surrounding the search and/or detention.
Inspectors are required to ensure that times are recorded accurately, including specific
start-stop times for completing various steps or types of searches (e.g., "patdown", partial
body, and drive time to and from the medical facility.)
The TECS report contains the objective and articulable facts that support the particular
search or detention. Inspectors complete as much information as possible concerning the
description of the person and circumstances surrounding the search, including factors that
not only led to a "patdown," but also those factors that led from a "patdown" to a more
intrusive search.
Inspectors obtain supervisory approval of all records of personal searches entered into the
TECS database. Supervisors certify that the TECS report contains all required
information and that sufficient detail exists regarding the circumstances surrounding the
search. Where details are missing or unclear, the supervisors coordinate with the
inspectors to correct the report.
Port directors ensure that TECS reports pertaining to personal searches are reviewed
periodically to determine personal search effectiveness at the port, including whether
there may be any improprieties in the conduct of these searches. Where reports indicate
that effectiveness has decreased or that improprieties exist in the conduct of searches, the
port directors assess whether corrective action is needed In addition, supervisors are
required to take remedial action for deficiencies. As indicated above, the field test data
collection project will only report on the race, gender, and citizenship of personal
searches.
Data Compilation: The Customs Service has implemented significant changes to its
computer system that will improve the data integrity for all personal searches. For
absence, provided they are grade GS-13 or above and have consulted with Customs Counsel.
7
011
10/05/99 TUE 19:21 FAX
Draft, 10/01/99, 5:30 p.m.
example, race, gender, and citizenship, which were existing data fields, have now become
mandatory fields. In addition, Customs has added new mandatory data fields, such as
port of departure, port of embarkation, port director and chief counsel notification,
reasons for the search, and the referring officer for the search. These changes to the
computer system will allow the Customs Service to better identify who they search by
race, gender, and citizenship, and provides the ability to do statistical and trend analyses
by ports of entry and Customs-wide. The computer enhancements will also allow the
Customs Service to conduct trend analysis on all personal searches by source country and
transit country for targeting purposes. More importantly, the Customs Service will be
able to perform trend analysis to identify potential concerns.
Complaint Activity: During the data collection field test, all complaints on personal
searches will be handled through the newly established Customer Satisfaction Unit
(CSU). The CSU ensures that complaints are correctly addressed and that passengers
receive appropriate feedback. The CSU also has responsibility for providing current
information to senior management and analyzing trends within the complaint system.
If complainants arc not satisfied with the response, they may contact the Department of
the Treasury. The Department of the Treasury contacts the Customs Service for
additional information, provides the complainant with a response and takes appropriate
action, if such action is deemed necessary.
PART II:
POLICIES, PROCEDURES AND TRAINING
The Presidential Directive also requests a report on "training programs, policies, and
practices regarding the use of race, ethnicity, and gender" in "law enforcement activities,
along with recommendations for improving those programs, policies, and practices."
Accordingly, Part II of this report describes the relevant Treasury and bureau policies
relating to fairness in law enforcement, as well as an overview of how such policies are
implemented. It also discusses the training programs Treasury and its bureaus have in
place to train law enforcement personnel on the relevant policies. While only particular
offices within the Customs Service and the Secret Service were discussed in Part I, all
Treasury law enforcement bureaus are discussed in Part II.
Policies
As discussed in more detail below, Treasury and its bureaus have issued a number of
policies related to fairness in law enforcement issues. In addition to these specific
policies, policies in other areas may be relevant. In particular, Treasury and its bureaus,
like all executive branch employees, are required to follow the Standards of Ethical
Conduct for Employees of the Executive Branch, issued by the United States Office of
Government Ethics, and the Office of Personnel Management Employee Responsibilities
and Conduct Regulations. Additionally, Treasury has issued its own Department of the
Treasury's Employee Rules of Conduct, which includes an explicit ban on discrimination
8
012
10/05/99 TUE 19:22 FAX
Draft, 10/01/99, 5:30 p.m.
or harassment of persons on the basis of that person's race, color, national origin, sex,
sexual orientation, age, or disability. Similarly, ATF, the Customs Service, the Internal
Revenue Service, Criminal Investigation Division (IRS-CID), and the Secret Service each
has its own policies prohibiting discrimination and sexual harassment. Finally, the
Treasury has issued a "Policy on Off-Duty Conduct, Bias-Motivated Conduct, and
Membership or Participation in Hare Groups by Law Enforcement" to ensure that all law
enforcement personnel are aware Treasury's expectations regarding off-duty and on-duty
conduct. That policy specifically addresses issues regarding integrity, professionalism,
and public trust
Specific Policies Related to Fairness in Law Enforcement
Secret Service: On August 26, 1997, the Secret Service issued a memorandum to all
employees entitled "Professional Behavior in the Secret Service." This memorandum
reaffirms the Secret Service's policy of maintaining a professional work environment that
is reflective of high caliber employees. This memorandum reminds Secret Service
employees that they should be professional and courteous when dealing with fellow
employees and the public.
Further, the memorandum establishes Secret Service's "zero tolerance" discrimination
policy and it holds managers and supervisors accountable to react to and properly address
reports of inappropriate actions that come to their attention. It further advises all
employees that they will be held accountable for any inappropriate behavior that occurs
within their areas of responsibility.
Customs Service: Inspectors performing searches and seizures of persons and property at
the border, the functional equivalent of the border, or extended border must adhere to the
policies set forth in the Personal Search Handbook CIS HB #3300-04A.
The goal of the Handbook is to assist inspectors in performing their enforcement duties in
a manner that will ensure personal integrity and will also permit officers to perform a
professional service for the public. Customs policies, procedures and training all reinforce
that the Constitution guarantees the protection of an individual's right against
unreasonable searches and seizures. Customs Service employees are trained to be
diligent in their efforts to protect those rights while still accomplishing their enforcement
mission. Treasury and the Customs Service prohibit the abuse of constitutional or
statutory authority by Customs personnel. Customs Service personnel are aware of the
limits of their authority and are required to use that authority judiciously, conscientiously,
and courteously.
To ensure that this occurs, Commissioner Raymond W. Kelly is committed to improving
the passenger enforcement process. While serving as the Under Secretary of
Enforcement, Mr. Kelly tasked the Office of Enforcement's Office of Professional
9
I
013
1.0/05/99 TUE 19:22 FAX
Draft, 10/01/99, 5:30 p.m.
Responsibility (OPR) with assessing passenger enforcement targeting and reviewing
inspector training to ensure that targeting does not discriminate on the basis of race, color,
national origin, ethnicity, religion, gender or sexual orientation. During the course of
OPR's review, Mr. Kelly was nominated and confirmed as the Commissioner of
Customs. Prior to the issuance of the OPR report, Commissioner Kelly implemented a
number of the recommended changes, including: mandating more intensive training for
all new inspection personnel to include improved communication and intercultural skills,
providing comment cards for passengers to provide feedback on Customs' services, and
establishing a Customer Satisfaction Unit to process passenger complaints In addition,
Commissioner Kelly has established two committees, one internal and one external, to
review the procedures used in personal searches. Commissioner Kelly has tasked the
committees to review the criteria used to identify passengers for more intrusive
inspections, as well as analyze the search data to determine if the Customs Service is
correctly selecting the high-risk passenger.
The Personal Search Handbook outlines the procedures for conducting personal searches.
Under a new policy recently introduced by Commissioner Kelly, there may be as many as
ten steps involved in a personal search, which can range from a "patdown"" to more
intrusive searches.¹ As the personal search becomes more intrusive, the inspector must
receive increasingly higher levels of supervisory approval. Additionally, at any point
during the personal search process, the inspector and supervisor can consult with the
Office of Chief Counsel. Thus, while a supervisor may approve a "patdown", a port
director must approve a medical examination. An inspector, however, may terminate the
secondary inspection at any time without supervisory approval.¹²
ATF: On July 7, 1998, ATF issued a policy statement on employee professionalism. The
ATF policy statement on professionalism states "ATF employees are expected to conduct
themselves in a professional manner." In addition, the policy states that all employees are
responsible for maintaining the highest professional standards in the way they act and
present themselves to their clients and their colleagues. This policy governs the behavior
of employees within and outside of the workplace.
? Constance Newman, Under Secretary for the Smithsonian Institution, chairs the external committee (the
Customs Personal Search Review Commission).
10 A "patdown" is defined as "3 search for contraband or other merchandise hidden on a person's body." In
accordance with Customs' policy, all "patdown" personal searches require at least one "articulable fact"
before the supervisor will authorize the search
II If, after the patdown, the inspector continues to have reasonable suspicion that the person has contraband
or other merchandise concealed on the body, a more intrusive (non-routine) personal search will be
permitted with supervisory approval. Morc intrusive personal searches include a partial body search, the X-
ray search, body cavity search, and detention for a monitored bowel movement (MBM).
12 At any stage in the secondary inspection process, any person involved in a personal search, who is
detained two hours after 3 personal search has begun, will be afforded the opportunity to have someone
notified by the Customs Service personnel of their delay in Customs.
10
014
10/05/99 TUE 19:23 FAX
Draft, 10/01/99, 5:30 p.m.
IRS: The IRS issued the Reform and Restructuring Act of 1998 (RRA98) Section 1203
Procedural Handbook which provides guidance on the fair treatment of employees,
taxpayers, and taxpayer representatives. The Handbook states that "IRS is committed to
treating employees, taxpayers, and taxpayer representatives fairly and equitably without
regard to their sex, age, race, color, national origin, religion, or disability." The
Handbook also mandates termination of any employee who engages in discrimination or
other types of unfair law enforcement practices. It is the responsibility of the supervisor
to discuss the contents of the RRA98 with all employees.
Procedures
Treasury bureaus ensure employees understand and follow Treasury and bureau policies,
including those outlined above, through communication, inspection, and discipline.
Communication: The bureaus ensure that employees are aware of and understand all
applicable policies by having employees certify their awareness of certain policies, such
as Customs' requirement that its inspectors certify that they have received a copy of the
Personal Search Handbook They also accomplish this goal by issuing management
memoranda and statements to employees reinforcing and clarifying bureau policy, such
as the Secret Service's requirement that each supervisor must remind employees of the
written conduct standards during employee mid-year performance appraisals.
Inspection: All bureaus place responsibility for ensuring compliance with bureau
policies on managers and supervisors. Managers are held accountable through
management inspections. ATF and Customs employ self-inspection processes to help
monitor compliance. For example, Customs has established its Self-Inspection Program
(SIP) to verify that the Customs mission is "performed in the most effective and efficient
way." The SIP allows supervisors to evaluate their success in managing, assessing and
reporting on the conditions of their individual operations. The major focus of the SIP for
managers and the Management Inspections Division (MID) are areas susceptible to
vulnerability and corruption, mission performance, resource utilization, and internal and
external relations.
As part of the SIP, at least semi-annually, supervisors execute Self-Inspection
Worksheets (SIWs) for all areas over which they have delegated authority. SIWs have
been tailored to assess particular areas of Customs' operations, including, where
appropriate, passenger processing and other issues relating to fairness in law enforcement.
The SIWs for Airport and Seaport Passenger Operations, for example, ask if the
responding office has certified its personal search procedures for the reporting period.
Each core area examined is found to be either "Acceptable" or "Need Improvement."
Reporting supervisors and next level supervisors certify their findings, and they are
11
015
10/05/99 TUE 19:23 FAX
Draft, 10/01/99, 5:30 p.m.
responsible for taking corrective action where necessary. The results of the inspections
are channeled through the appropriate chain of command and ultimately to the Assistant
Commissioners and the Commissioner.
Program level supervisors and managers are tasked with analyzing the results of self-
inspections as a quality control measure and making program modifications in response
to substantive findings. In addition, program managers must intervene in areas where
critical deficiencies have been identified. Finally, the Customs Service has also
appointed program coordinators for each major office within the Customs Service. They
manage and oversee the SIP and coordinate with MID.
Discipline: All Treasury law enforcement bureaus discipline employees who violate
bureau policies. Such discipline may range from verbal counseling to dismissal,
depending upon the particular circumstances of the violation.
Training
Treasury and its law enforcement bureaus also have training programs to ensure that all
employees are aware of Treasury and bureau policies. In January 1999, in conjunction
with a review of the Customs Service's Office of Internal Affairs by the OPR, all of the
Treasury law enforcement bureaus were asked to provide an accounting of the ethics and
related training broadly categorized as "professionalism" provided to law enforcement
officers (LEOs). LEOs were identified as individuals who are authorized to make arrests
and carry firearms and badges in the performance of their duties. The bureaus were asked
to include basic and in-service level training courses.
The courses listed under the broad professionalism category exemplify the integration of
ethics and integrity throughout the law enforcement officer's training process.
Professionalism, as defined in this report, includes ethical conduct and integrity, as well
as the related principles of honesty, respect, quality, impartiality, and selflessness.
In addition, other principles related to professionalism such as sexual harassment
prevention, interpersonal awareness, corruption prevention, use of force, cultural
diversity, and civil rights - are also introduced and continuously reinforced throughout all
phases of training.
FLETC: The Federal Law Enforcement Training Center (FLETC) is responsible for
providing law enforcement training for over 70 federal agencies. In addition to providing
training to the Treasury law enforcement bureaus, other participating organizations
include the United States Park Police, the Immigration and Naturalization Service, and
the Border Patrol. FLETC, with facilities located in Georgia and New Mexico, primarily
trains federal law enforcement officers, but also provides state, local, and international
law enforcement officers with training tailored to their special needs.
12
016
10/05/99 TUE 19:24 FAX
Draft, 10/01/99, 5:30 p.m.
All Treasury law enforcement bureaus receive basic training at FLETC. Additionally,
most of the federal organizations conduct some or all of their advanced and in-service law
enforcement training operations at FLETC, and over twenty have established on-site
offices to oversee their training programs. Three of Treasury's law enforcement bureaus -
IRS, ATF, and the Customs Service. conduct their bureau-specific training at FLETC;
while the Secret Service performs its bureau-specific training at its facility in Beltsville,
Maryland
For the purpose of this report, FLETC provides two courses of interest to all federal
LEOs - the Criminal Investigator Training Program (CITP) and the Mixed Basic Police
Training Program (MBPTP). The CITP course, an in-depth study of basic law
enforcement concepts and techniques, has an overall instructional period of 367 hours,
6% of which is devoted to the area of professionalism. Among the subjects taught within
the professionalism area are human behavior, modem investigative technology, cultural
sensitivity, civil rights, anti-corruption, sexual harassment prevention, and use of force.
The seventy-two participating organizations are eligible to participate in this course.
MBPTP is a study of basic law enforcement concepts of importance to the LEO and has
an overall instructional period of 342 hours, of which 8.4% is dedicated to discussions of
professionalism. During the MBPTP, new officers also receive training offered by the
Behavioral Science Division, stressing the importance of individual awareness and
responsibility for ethical conduct within the law enforcement occupation. In addition,
several topics similar to those taught in the CITP course, such as civil rights and the
Federal Torts Claims Act, are also discussed.
Among the agencies participating in the MBPTP are the Capitol Police, U.S. Supreme
Court Police, and the Secret Service, Uniformed Division
Secret Service: The Secret Service offers two orientation-level training courses outlining
agency requirements. These two courses also include discussions on ethics, interpersonal
awareness, and the minimum standards of conduct required by all LEOs.
Secret Service provides advanced training for new officers in the Uniformed Division, as
well as special agents. The new Uniformed Division Officers complete the Uniformed
Division Officer Training Course, which discusses professionalism as it relates to the
mission and activities that Secret Service Uniformed Division Officers perform. This
course has a total of 500 instructional hours, of which 12% is dedicated to the
professionalism subjects of ethics and integrity. New Secret Service special agents
complete the Special Agent Training Course, with an instructional period of 550 hours of
which 20% of which is dedicated to aspects of professionalism. As part of their overall
instruction, special agents and inspectors are informed that Secret Service does not target
persons or groups for investigation based on their color, national origin, gender, or
political or religious affiliation, but rather for known or suspected criminal activity.
13
017
10/05/99 TUE 19:24 FAX
Draft, 10/01/99, 5:30 p.m.
On-the-job training and advanced in-service training programs supplement classroom
study.
The Secret Service offers in-service training to all LEOs during the term of their careers.
One example of the courses offered is the Leadership and Organizational Behavior
course. This course focuses on such subjects as ethics, integrity, moral dilemmas, and
employee responsibility. Over 20% of the course is dedicated to subjects that would be
considered professionalism. Secret Service also offers to all employees a course entitled
Conference on Employee Diversity Issues. This 40-hour course discusses key issues
facing management and non-management employees in the area of mixing cultures on the
job.
Customs Service: The Customs Service does not have a new employee orientation
course. However, new inspectors and investigators must successfully complete basic
training before they are swom in an allowed to assume inspectional or investigative
functions.
The U.S. Customs Service Integrated Training Program (USCSI) is specialized training
that FLETC and the Customs Academy provide jointly for the Customs Service.
Included in this 11-week program is an examination of cross-cultural communications.
Professionalism is discussed with respect to victim/witness assistance, carrying and use
of firearms, and employee conduct and responsibilities. Prior to the appointment of
Raymond W. Kelly as Commissioner of Customs these and similar subjects related to
professionalism were allotted 5.2% of the entire program time. Upon his appointment as
Commissioner, Mr. Kelly mandated that all inspectors and special agents receive
extensive training on interpersonal communication, cultural interaction, confrontation
management, personal search policy, and passenger enforcement selectivity. These
training courses, totaling 40 hours of instruction, have now become part of the USCSI.
Refresher training in these topics is currently being conducted at the 38 airports handling
the largest passenger volume. The USCSI now has over 20% of its instructional hours
dedicated to professionalism.
The Customs Service's Internal Affairs training staff presents an eight-hour program of
ethics reinforcement and anti-corruption training to all students attending USCSI. In
addition to familiarizing new inspectors with the code of conduct, this curriculum focuses
on two additional areas: (1) focusing student's attention upon the ethical issues and
challenges attending their professional responsibilities; and (2) providing them the
analytical tools necessary to preserving their integrity.
The goal of the USCSI course is to prepare inspectors to perform their duties in a manner
that will ensure personal integrity and will also permit inspectors to perform a
professional service for the public. During this course, inspectors who perform searches
14
018
10/05/99 TUE 19:24 FAX
Draft, 10/01/99, 5:30 p.m.
and seizures are taught that they must adhere to the policies set forth in the Personal
Search Handbook. 13
The Customs Basic Enforcement School (CBES) which includes the Criminal
Investigator's Training Program consists of a total of 720 hours of criminal investigator
training. Of these 720 training hours, 31 hours are specifically dedicated to the review of
the professional and ethical requirements of federal service. In addition, ethical and
professional standards are included in most of the numerous blocks of instruction
throughout the entire 17-week program.
Customs provides several courses at the in-service level for its employees. Of particular
interest are: Customs Supervisory School, Special Field Agent Seminar (SAFS), Sector
Enforcement Specialists, Senior Inspector, and the Technical Enforcement Officers. With
the exception of SAFS, the training courses are taught in part by the Customs Internal
Affairs Training Staff at the Customs Academy and consist of a combined total of 400
hours, 6% of which is dedicated to professionalism training. The training that is provided
at this level to career employees, as well as those entering or already in supervisory
positions, serves to reinforce the corruption prevention material taught at the basic level
of training. SAFS is a 40-hour course taught by the Southern Police Institute. Included
in this course is four hours of discussion of the code of values that guides agents' choices
and actions.
ATF: There are three basic training programs related to the overall subject of fairness in
law enforcement and professionalism. Although ATF does not offer any training
programs entitled "Fairness In Law Enforcement" or "Professionalism", both subjects are
addressed during CORE Training. New Professional Training, and Supervising in ATF.
CORE training is a 3-day orientation program provided to all professional series
employees and currently includes 4 hours of training dedicated to ethics, integrity, sexual
harassment and equal employment. This program places special emphasis on the issue of
discrimination and specifically informs employees that they may not discriminate or
harass other employees, applicants for employment, or other persons dealing with the
bureau, on the basis of race, color, religion, national origin, sex, sexual orientation, age or
disability. One of the fundamental purposes of CORE training is to instill in the new
employee the concept of professionalism, and the need to treat all people in a fair and
impartial manner.
New Professional Training (NPT) is a 13- week basic training course for new special
agents and a 9-week basic training course for new inspectors. During the NPT course,
special agents and inspectors learn the laws and regulations enforced by ATF,
13 See section on Fairness In Law Enforcement Policies for further discussion of the Personal Search
Handbook,
15
019
10/05/99 TUE 19:25 FAX
Draft, 10/01/99, 5:30 p.m.
investigative techniques and policies and procedures. Professionalism and integrity are
central themes that are continually reinforced throughout the training programs. As part
of their overall instruction, special agents and inspectors are informed that ATF does not
target persons or groups for investigation based on their color, national origin, gender, or
political or religious affiliation, but rather for known or suspected criminal activity.
Supervising in ATF is a 2-week training program design to teach new ATF supervisors
how to apply the principles of professionalism and integrity as first line supervisors. The
program currently includes 8 hours of integrity, ethics and related training.
IRS: IRS-CID new employee orientation course focuses on the core values of
professionalism - ethics, respect, honesty, quality, and selflessness- using group activities
and scenarios which utilize role-playing.
The IRS-CID advanced level course, Special Agent Investigative Techniques, provides
training in tax law and investigative techniques and serves as a re-introduction to the core
values model introduced at the basic level. The core values model provides IRS agents
with a sense of the attributes necessary for becoming successful federal LEOs. While
ethics and integrity are the crux of the model, other values such as honesty, respect, and
selflessness are emphasized as well throughout the course.
IRS-CID offers numerous in-service training courses and requires that its agents receive
continuing professional education each year. One course is of particular interest. The
New Group Manager Orientation Program which discusses ethics and integrity in
managing employees, employee performance and discipline issues in a fair and ethical
manner, responsibility and accountability as a manager, ethical choices as a manager, and
prevention of sexual harassment. Over 50% of a combined total of 24 hours is dedicated
to professionalism training.
RECOMMENDATIONS
The Presidential Directive also requests recommendations for improving the training
programs, policies, and practices of Treasury and its bureaus. Accordingly, this section of
the report addresses these issues. The recommendations are as follows:
(1) That at the conclusion of the field test, Treasury and its law enforcement bureaus
review and analyze the data collected from the projects being conducted by the Secret
Service and the Customs Service and, based on this review and analysis, make any
necessary changes to Treasury or bureau policies or procedures.
(2) That the bureaus ensure that specific professionalism training, as defined by this
report, is provided prior to the LEOs entering FLETC for basic training. All Treasury
law enforcement bureaus should have new employee orientation courses in order to instill
the core values of professionalism within each LEO at the start of their career. This
16
020
10/05/99 TUE 19:25 FAX
Draft, 10/01/99, 5:30 p.m.
orientation will also allow the LEO to identify with his or her bureau, its mission, vision,
values, and expectations. Specifically, the bureaus should look to the IRS course, which
utilizes role-play, group scenarios, and other group-oriented activities, as an adequate
model when reevaluating their orientation-level training courses.
(3) That FLETC conducts a formal curriculum review conference every two to three
years for the Criminal Investigators Training Program and Mixed Basic Police Training
Program. FLETC should continue its practice of periodically reviewing courses offered
to the new LEOs to ensure those specific training subjects within the area of
professionalism, diversity, sensitivity, interpersonal awareness, EEO issues, sexual
harassment, ethics, and cultural diversity are conducted in a uniform, comprehensive, and
timely manner. Individual subjects may be reviewed any time at the request of FLETC or
a participating organization.
(4) That the bureaus continue to ensure that specific training on diversity, sensitivity,
interpersonal awareness, EEO issues, sexual harassment, ethics and integrity are
provided. Professionalism training must continue throughout an individual's career and
should focus on the specific areas evidencing a need for improvement or reassessment.
The training officers should conduct an annual review of current policy and procedures
on professionalism and ensure that all lesson plans are current. The review should also
ensure that all LEOs are receiving sufficient hours dedicated to professionalism subjects.
All training should be provided in a timely manner and with the highest possible level of
quality necessary to meet the challenges of today's LEO.
CONCLUSION
As discussed in this report, Treasury and its law enforcement bureaus have longstanding
policies aimed at ensuring that their employees do not target persons for inspection,
investigation or other law enforcement activity on any impermissible basis such as their
race, national origin, or gender. Treasury and its bureaus also have pur in place processes
to ensure that such policies are complied with and that if violations do occur appropriate
disciplinary steps are taken.
As the President's Directive recognizes, however, the federal government must continue
to search for ways to ensure that its law enforcement officials do not engage in unlawful
profiling based on race, gender or ethnicity, or any other prohibited forms of
discriminatory conduct. Through Treasury's field test, it will develop a better
understanding of how its policies are applied by Secret Service and Customs personnel in
making traffic stops and pedestrian stops, and in conducting more extensive inspections
and interviews than customary with entrants to the United States. This understanding
should not only enable Treasury to provide the data needed to respond to the President's
Directive, but also to enhance its policies, procedures, and training aimed at preventing
discriminatory activities by its personnel. As recommended in this report, Treasury and
17
1021
10/05/99 TUE 19:26 FAX
Draft, 10/01/99, 5:30 p.m.
all its relevant bureaus will review and analyze the data collected during the field test and
then, if necessary, revise their policies, procedures and training to reflect what was
learned through the data collection.
As the President has made clear, there is simply no room in federal law enforcement for
discriminatory conduct based on race, ethnicity, and gender. Indeed, the President's
commitment that all members of the public be treated fairly by federal law enforcement
personnel is clear, longstanding, and consistent. The Treasury Department shares this
commitment, and dedicates itself to a course of action designed to achieving the
President's goals. The information presented in this report is but one aspect of the
Department's effort to ensure, in both word and practice, that its commitment to fairness
in law enforcement is reflected not only in formal policies and procedures, but in all of its
day-to-day operations.
18
PES
MS/SU4UMB
SECURIT
Interior
Fairness in Law Enforcement: Collection of Data
The Department of the Interior (DOI) differs from the Department of Justice and Treasury
agencies in that DOI is not a law enforcement agency. The DOI is a land management agency
composed of 8 bureaus, five of which have a law enforcement component in order to meet our
legislated mandate to protect public lands, Indian lands, cultural, historical and natural resources,
and parks and to protect fish and wildlife and their habitats as well as our employees, residents,
contractors, and visitors. As use and visitation have increased in those areas administered by the
DOI, our law enforcement programs have become more visible and more pro-active.
The Office of Managing Risk and Public Safety (MRPS) is an integrated risk management office
which resides within the Office of the Secretary and reports to the Assistant Secretary - Policy,
Management and Budget. The Law Enforcement and Security Team (LEST) is one of the three
teams which comprise MRPS.
The MRPS/LEST is responsible for the design, implementation and coordination of this
program. The mission of the LEST to ensure the successful stewardship of the Secretary of the
Interior's responsibilities for effective Departmental law enforcement and security policies. The
LEST has primary responsibility for policy direction, evaluation, inspection, and support of law
enforcement and security programs Department-wide. Team members represent the Secretary in
interagency law enforcement and security matters and facilitate intra-agency coordination and
cooperation.
In formulating the Fairness in Law Enforcement: Collection of Data plan (plan) the mission and
authority of those bureaus with law enforcement components were reviewed as potential
participants and/or eliminated. A description of the bureau law enforcement programs and the
rationale for our decisions follows:
Bureau of Indian Affairs
The Bureau of Indian Affairs Office of Law Enforcement Services (OLES) writes that their
mission "is to uphold the constitutional sovereignty and customs of Tribes, while protecting the
rights of all people; to protect life and property; ensure employment suitability and to promote
and preserve peace within Indian country. This office is responsible for the overall management
of the BIA Law Enforcement Program, and has primary responsibility for the investigation of
crimes which occur in Indian country. By the end of this calendar year the OLES expects to have
a law enforcement program with approximately 424 Police Officers and Criminal Investigators.
Because of their mission and legislative authority, the overwhelming number of individuals the
BIA law enforcement encounters on a daily basis are Indians. For this reason, the decision was
made to remove this component from consideration.
PES MS/5040M1B SECURIT Fax 2022083421
ULL
yy
Bureau of Land Management
The Bureau of Land Management employs 206 law enforcement officers (56 special agents and
150 rangers) and describe their mission as "tasked with providing visitor and resource protection
services in support of all BLM program areas." BLM officers conduct high-priority
investigations and enforcement actions that focus on resource protection and public health and
safety, with the goal of ensuring compliance with both Federal criminal laws and land use
regulations on public lands under BLM's management jurisdiction. BLM law enforcement is also
committed to reducing illegal drug activities on public lands, at the direction of the Office of
National Drug Control Policy. The BLM focuses its efforts on reducing marijuana cultivation
and illicit drug lab manufacturing, both of which pose a direct threat to the land, its natural
resources, and legitimate land users. Bureau of Land Management law enforcement officers
patrol approximately 264 million acres of public land, but have no General Authority legislation.
After consideration of this component's mission, staffing, responsibilities and authorities, it was
removed from consideration.
Bureau of Reclamation
The mission of the Bureau of Reclamation is "to manage, develop, and protect water and related
resources in an environmentally and economically sound manner in the interest of the American
public."
The Bureau of Reclamation presently has a law enforcement program only at Hoover Dam. The
law enforcement authority for Hoover Dam, an American Icon, was ceded by the General
Services Administration when the dam was turned over to the Department of the Interior. The
law enforcement component is a 14 person Police Department. The decision was made to
remove this small component from consideration.
U.S. Fish and Wildlife Service
The U.S. Fish and Wildlife Service has two law enforcement components. The Division of Law
Enforcement presently has 218 Special Agents responsible for specific law such as the Lacey
Act, Endangered Species Act, CITES, and other laws, treaties and regulations. Their jurisdiction
extends to all property, regardless of ownership, within the United States and territories. The
Division of Refuges presently has 686 "commissioned" refuge officers. Of these only 70 are full
time law enforcement officers. The remaining commissioned refuge officers are collateral duty
officers whose primary duties range from tractor operator to resource management specialists
and biologists. Because neither component of the U.S. Fish and Wildlife Service has General
Authorities legislation, the decision was made to remove these components from consideration.
MS75040M1B
SECURITY
Fax
2022085421
Participating Components
National Park Service
The "Organic Act" of August 25, 1916, states that "the Service thus established shall promote
and regulate the use of Federal areas known as national parks, monuments and reservations
by such means and measures as conform to the fundamental purpose of the said parks,
monuments and reservations, which purpose is to conserve the scenery and the natural and
historic objects and the wild life therein and to provide for the enjoyment of the same in such
manner and by such means as will leave them unimpaired for the enjoyment of future
generations."
The National Park System of the United States comprises 378 areas covering more than 83
million acres in 49 States, the District of Columbia, American Samoa, Guam, Puerto Rico,
Saipan, and the Virgin Islands. These areas are of such national significance as to justify special
recognition and protection in accordance with various acts of Congress.
The National Park Service "General Authorities Act" of 1976 states: "The Committee intends
that the clear and specific enforcement authority contained in this subsection, while necessary for
the protection of the Federal employees so involved, will be implemented by the Secretary, to
cnsure that law enforcement activities in our National Park System will continue to be viewed as
one function of a broad program of visitor and resource protection."
The National Park Service law enforcement program today consists of two separate and distinct,
but interrelated components. Approximately 2202 National Park Rangers and Special Agents
provide law enforcement protection for the majority of the 378 National Park Areas. They are
for the most part, a full service law enforcement agency with additional expertise in many other
skills, such as life and safety operations. These law enforcement personnel make hundreds of
thousands of contacts each year. For this reason, it was decided that this component should be a
part of this study and program.
The United States Park Police force is the oldest uniformed Federal Law Enforcement agency in
the U.S. Its lineage traces to 1791. The United States Park Police is primarily responsible for
National Park Service areas in Washington, DC, New York City, NY, and San Francisco, CA.
Additionally, officials at the rank of Captain are assigned to 6 of the 7 Regional Offices and in
other areas as Law Enforcement Advisors to the National Park Service law enforcement
program. They are a full service police agency with internationally recognized expertise in
Presidential and dignitary protection and in the handling of high-profile national celebrations and
for crowd control during extremely large gatherings and demonstrations. The present staff
consists of 645 officers. These law enforcement officers also make hundreds of thousands of
contacts each year. It was decided that this component should be a part of this study and
program.
MS75040M1B SECURIT Fax 2022083421
UCt
(
yy
Sites
The MRPS/LEST in consultation with the National Park Service and U.S. Park Police propose
the following sites:
In the Pacific West Region: Lake Mead National Recreation Area, NV/AZ, and Yosemite
National Park, CA.
In the Intermountain Region: Grand Canyon National Park, AZ, and Glen Canyon National
Recreation Area, AZ, UT.
In the Midwest Region: Jefferson National Expansion Memorial, St. Louis, MO, and Indiana
Dunes National Lake Shore, IN.
In the Southeast Region: Natchez Trace Parkway, MS/TN, and the Blue Ridge Parkway, VA/NC.
In the Northeast Region: Valley Forge National Historical Park, PA, and the Delaware Water
Gap National Recreation Area, PA/NJ.
In the National Capitol Region: The Baltimore Washington Parkway patrolled by U.S. Park
Police officers.
Due to the lack of significant visitation and law enforcement contacts, the decision was made to
remove the Alaska Region from site consideration.
The proposed sites represent high visitation areas where there are exceptionally active law
enforcement programs.
Data Sets
The DOI will utilize those codes developed and agreed to in consultation with the Departments
of Justice and Treasury and approved by the Attorney General. The DOI proposes to collect the
information by hard copy, paper forms. The form DOI proposes to use is attached for your
consideration. Attached also is a draft General Order, written by the U.S. Park Police Planning
and Development unit. Both National Park Service components have reviewed the form and
concur that it will work. One important consideration discussed at both meetings we attended is
that in identifying race and ethnicity, we will use officer perception vs. questioning those
individuals with whom there is contact, but no search, warrant and/or arrest.
PES MS/5040MIB SECURIT Fax 2022083421
UCt
(
yy
11.34
Training
PRESENT
All Department of the Interior commissioned and sworn law enforcement officers are trained at
either the Federal Law Enforcement Training Center (FLETC) administered by the Department
of the Treasury, or in the case of seasonal National Park Service rangers, at one of 13 approved
academies. Included in the training received is the clear message that racial profiling is wrong
and against Federal government policy.
PLANNED
The MRPS/LEST in consultation with the NPS components and the FLETC will develop an
orientation briefing on racial profiling and the collection of data. All officers, rangers and special
agents assigned to the selected sites will be trained and will participate in this program. All law
enforcement contacts will require the completion of the attached form. Additionally, the DOI
will develop and implement a 1 hour discussion of Racial Profiling, which will be a mandatory
core requirement of all DOI in-service training.
Reporting
The DOI will conduct the field test using hard copy, paper only. The final DOI report will be
placed in whatever format is required by the Attorney General, in order that we might submit a
report which is compatible with the Justice and Treasury reports.
08/18/99 14:47 FAX
DOMESTIC POLICY COUNCIL
001
CRIME-
THE WHITE HOUSE
WASHINGTON
raind
6-8-99
June 7, 1999
They John
pulling
MR. PRESIDENT:
Attached is a DPC options memo on issuing a racial profiling
data collection EO (or directive) prior to Wednesday's
roundtable discussion with civil rights and law enforcement
representatives. I've also attached a short memo from Chuck
Ruff with his views. I recommend you read both.
Maria asked me to convey her thoughts; she thinks:
it's important to note (as Chuck does) that the VP and AG
My
have been publicly critical of racial profiling;
civil rights groups may not view a data collection EO as
bold leadership on this issue; and
federal law enforcement agencies may not be unalterably
opposed to the Edley approach.
DPC has a different view from Maria, especially on the last
point. You should know that DPC did preview the EO with
Wade Henderson, who responded favorably for the most part.
Minyon Moore thinks it's important to tackle this issue in
incremental steps (like this one), and believes it's worth doing
before Wednesday's meeting.
Sean Maloney BS
CC: POPESTA
ECHAU.
RUFF
TRAMON!
MOORE, M.
KAGAN/REEO
08/18/99 14:47 FAX
DOMESTIC POLICY COUNCIL
5
002
79
THE WHITE HOUSE
WASHINGTON
June 4, 1999
MEMORANDUM FOR THE PRESIDENT
FROM:
Bruce Reed
SUBJECT:
Executive Order on Racial Profiling
You are scheduled to participate Wednesday in an hour-long roundtable discussion with
about 30 representatives of the civil rights and law enforcement communities, possibly including
Jesse Jackson, Kweisi Mfume, Al Sharpton, Wade Henderson, Hugh Price, FOP President Gil
Gallegos, Boston Police Commissioner Paul Evans, and Baltimore Police Commissioner Thomas
Frazier. This discussion is meant to help the civil rights and law enforcement communities find
common ground on how to deal with police abuse and misconduct, including racial profiling.
Although the Attorney General, Chuck Ruff, and I have met with most of the invitees in
preparation for this meeting, many remain skeptical about each other's motives and about what
the meeting will accomplish. We are hopeful that your involvement in the roundtable will help
keep the civil rights and law enforcement communities working together on this issue.
Also in preparation for this meeting, we have worked with the Departments of Justice and
Treasury to draft an executive order on this issue. The order starts with a preamble expressing, in
general but strong terms, opposition to the use of racial profiling as a tool of law enforcement.
The order then directs federal law enforcement agencies to set up a system to collect data on the
race, ethnicity, color, and gender of the persons they stop, search, or otherwise examine. Within
one year of implementing this system, the Attorney General must report the data collected and
make any appropriate recommendations on how to promote greater fairness in federal law
enforcement. Justice, Treasury, and the DPC believe that this order would constitute an effective
way of demonstrating federal leadership in this area. The executive order essentially would do at
the federal level what the civil rights community most wants done at the state and local levels
(and what legislation by Congressman Conyers would require): institute a strong system of data
collection and reporting to determine and disclose exactly where racial and other discrimination
exists in traffic stops and other contacts with law enforcement.
Chris Edley has proposed a different kind of executive order, which would expressly
prohibit (though, as explained below, perhaps with an exception) federal law enforcement
officers from taking race, ethnicity, and other specified traits into account when making stop and
search decisions. This approach would require you to confront quite explicitly a difficult issue
(which the data collection order allows you to avoid, at least for now): whether to allow the U.S.
Border Patrol to continue its current practice of using a person's perceived national origin or
ethnicity (essentially, whether the person looks Hispanic) in deciding what cars to search near the
border. The Edley executive order would either (1) effectively prohibit this practice, in the face
08/18/99 14:47 FAX
DOMESTIC POLICY COUNCIL
003
2
of the strong view of both the INS and Main Justice that it is an integral part of effective border
enforcement, or (2) include a specific provision allowing the Border Patrol (the largest federal
law enforcement agency and the one that most regularly conducts traffic stops) to continue this
practice notwithstanding that it at least appears inconsistent with the general principles
underlying the order. Because DOJ, Treasury, and the Counsel's Office object to the first
approach on substantive grounds (believing that where national origin is an element of the
suspected criminal offense, this kind of practice is both appropriate and necessary) and because
DOJ and the DPC object to the second approach on political grounds (believing that it will cause
a firestorm within the Hispanic community), all your agency and White House advisors oppose
Edley's alternative executive order.
A more difficult question concerns whether to issue any executive order on Wednesday.
The Justice Department strongly believes that the data collection order is necessary to show that
we are making progress on this issue and doing something more than just talking. Both Justice
and Treasury also believe deeply in the need for data collection and reporting, and worry that if
we do not issue this order now, we also will find reasons not to issue it in the future. Counsel's
Office, on the other hand, recommends that you put off issuing the data collection order and
simply engage in general discussion of racial profiling at the conference. Chuck notes that the
order may displease both sides of the debate -- the civil rights community because it does not
expressly prohibit all federal law enforcement officers from engaging in all kinds of racial
profiling, the law enforcement community because it does demand collection and reporting of
racial and other data (which most law enforcement groups strongly oppose at the local level). He
also notes that we will be issuing this controversial order before any members of the civil rights
and law enforcement communities have had a chance to speak with you directly on the issue,
perhaps appearing to preempt the very discussion in which you will be participating.
DPC believes this is a close issue, but ultimately comes down on the side of releasing the
executive order on Wednesday. To the extent that release of this order on Wednesday will
provoke criticism on one side or the other (or both), we do not think the order will become any
less controversial with the passage of time. (We are mindful that the crime bill is being marked
up this week by the House Judiciary Committee and that the support of the law enforcement
community for our crime proposals is important; we believe, however, that through careful
consultations, we can minimize any adverse effect of this executive action on the broader debate
in Congress.) We also believe, as noted above, that this executive order does something useful
and allows us to exercise leadership in this area.
Sign the executive order to collect data on federal law enforcement stops.
Do not sign the executive order to collect data on federal law enforcement stops.
Let's discuss.
08/18/99 14:47 FAX
DOMESTIC POLICY COUNCIL
V.
004
THE WHITE HOUSE
6-8-99
WASHINGTON
June 6, 1999
MEMORANDUM FOR THE PRESIDENT
FROM:
Charles Ruff C
SUBJECT:
Executive Order on Racial Profiling
A few comments on Bruce's memorandum concerning the racial profiling executive
order:
1.
Although the proposed executive order would parallel the data collection
mandated for the states by the Conyers legislation, in my view it would be seen by the civil
rights community as reflecting less forceful leadership on the issue of racial profiling than
they are expecting. This is so particularly because both the Vice President and the Attorney
General are already on the public record with statements declaring racial profiling to be
improper.
2.
The issue of current Border Patrol practice is a difficult one, and we are
trying to work through with the INS how its need to enforce a law that has national origin
as its central element can be squared with the presumptive impropriety of using ethnicity
and national origin as a factor in making law enforcement decisions. The Border Patrol's
current practice does permit it to use ethnicity and national origin as one element in
deciding whether to make highway stops north of the Mexican border, and our goal, at a
minimum, must be to ensure that any use of those indicia is carefully circumscribed and
monitored so that it does not become the equivalent of a New Jersey Turnpike traffic stop.
3.
On the issue of when to issue the executive order, I have two concerns.
First, since it will be seen as overriding state law enforcement objections and as being less
than the civil rights community expects, to issue it before meeting with both groups will
leave both disappointed (and angry) and, as a matter of process, will give them the
impression that you came to the meeting with your mind made up. Second, I fear that the
specifics of the order will become the sole focus of the discussion and eliminate any
meaningful chance to discuss the broader issues on the agenda.
I believe that the meeting will work better if you come to listen to the
opposing (or at least different) views of the participants, make clear your strong belief that
racial profiling is wrong, and then issue the executive order shortly thereafter, having taken
the groups' recommendations into account. You will have to be prepared to address the
08/18/99 14:47 FAX
DOMESTIC POLICY COUNCIL
005
special problem of the Border Patrol but can do so in a setting in which you will have
made your basic principles clear and can express concern that any use of national origin by
the INS must be carefully constrained and monitored. I acknowledge the risk that the
meeting will not be as newsworthy if you do not issue the order, but I believe the risk is
greater that the participants will react badly to the timing (and the substance) of the order if
it is issued beforehand.
08/17/99 19:44 FAX
NATL ECONOMIC COUNCIL
1
006
Leanne A. Shimabukuro
08/17/99 06:25:43 PM
Record Type:
Record
To:
Anna Richter/OPD/EOP@EOP
CC:
Subject: Fact Sheet: Increasing Trust Between Communities and Law Enforcement
Forwarded by Leanne A. Shimabukuro/OPD/EOP on 08/17/99 06:25 PM
Jason H. Schechter
06/09/99 12:16:32 PM
Record Type:
Record
To:
See the distribution list at the bottom of this message
CC:
Subject: Fact Sheet: Increasing Trust Between Communities and Law Enforcement
INCREASING TRUST BETWEEN COMMUNITIES AND LAW ENFORCEMENT:
COMBATING RACIAL PROFILING
June 9, 1999
Today, at a Department of Justice conference, President Clinton will chair a roundtable
discussion with leaders from civil rights and law enforcement organizations on ways to build
trust between police and the communities they serve. To address the issue of racial profiling,
the President will direct federal law enforcement agencies to begin collecting and reporting
data on the race, ethnicity, and gender of the individuals they stop and search. The President
will also call on Congress to pass legislation to promote data collection and reporting by state
and local law enforcement agencies.
Getting the Facts on Racial Profiling
Leading by example. No person should be targeted by law enforcement because of
the color of his or her skin. Stopping or searching individuals on the basis of race is
not consistent with our commitment to equal justice under law and is not effective law
enforcement policy. Racial profiling is simply wrong. As a necessary step to combat
this problem, we need to learn the hard facts about when and where it occurs. That is
why the President will direct the Departments of Justice, Treasury, and the Interior to:
(1) begin collecting data on the race, ethnicity, and gender of individuals subject
08/17/99 19:44 FAX
NATL ECONOMIC COUNCIL
007
to traffic and pedestrian stops, inspections at entries into the U.S., and certain
other searches by federal law enforcement agencies, including the Immigration
and Naturalization Service, Drug Enforcement Agency, Customs Service, and
National Park Service; and
(2) after one year, report on the findings of the new data collection system and
make additional recommendations based on those findings on how to ensure
greater fairness in federal law enforcement's procedures.
Helping states and localities. The President also will support legislation introduced
by Representative John Conyers (D-MI) to establish a new federal grant program to
assist state and local law enforcement agencies to implement similar data collection
systems. This legislation also will authorize the Attorney General to develop a
nationwide sample and issue a report on the number and nature of traffic stops
conducted by state and local enforcement throughout the country.
Surveying the American public. As recently announced by the Attorney General, the
Justice Department this year will amend its National Crime Victimization Survey and
begin asking Americans about their experiences with traffic stops, police use of force,
and police misconduct. This new information will help measure our success in
building trust and improving relations between law enforcement and the community.
-more-
More Progressive Policing for the 21st Century
Continuing the community policing revolution. To make our communities safer and
stronger, we must enhance our commitment to community policing. The 21st Century
Policing Initiative contained in the President's crime bill extends his successful
community policing initiative and contains several measures to help strengthen the
integrity and ethics of police forces across the country. Specifically, his crime bill
includes: (1) $20 million to expand police integrity and ethics training; (2) $20 million
for police scholarships to promote the best educated police force possible; (3) $2
million for improved minority recruitment to help make sure police departments reflect
the diversity of the communities they represent; (4) $10 million to help police
departments purchase more video cameras to protect both the safety of officers and the
rights of the individuals they stop; and (5) $5 million to establish citizen police
academies to engage community residents in the fight against crime.
###
ROUNDTABLE PARTICIPANTS
Attorney General Janet Reno
Deputy Attorney General Eric H. Holder, Jr.
Associate Attorney General Raymond C. Fisher
08/17/99 19:44 FAX
NATL ECONOMIC COUNCIL
0.
008
Acting Assistant Attorney General Bill Lann Lee, Civil Rights Division
Secretary Rodney Slater, Department of Transportation
Ronald Daniels, Center for Constitutional Rights
Paul Evans, Boston Police Department
Thomas Frazier, Baltimore Police Department
Gilbert Gallegos, Fraternal Order of Police
Richard Green, Crown Heights Youth Center
Penny Harrington, National Center for Women in Policing
Wade Henderson, Leadership Conference on Civil Rights
Antonia Hernandez, Mexican American Legal Defense & Educational Fund
John Justice, National District Attorneys Association
Representative Sheila Jackson Lee, 18th District, Texas
Ken Lyons, International Brotherhood of Police Officers
Kweisi Mfume, NAACP
Karen Narasaki, Asian Pacific American Legal Consortium
Ron Neubauer, International Association of Chiefs of Police
Professor Charles Ogletree, Harvard Law School
Hugh Price, National Urban League
Robert Scully, National Association of Police Organization
Rev. Al Sharpton, National Action Network
Chuck Sha-King, Youth Force
Dan Smith, National Sheriff's Association
Robert Stewart, National Organization of Black Law Enforcement Executives
Christopher Stone, Vera Institute of Justice
Beverly Watts-Davis, San Antonio Fighting Back
Mayor Anthony Williams, District of Columbia
Raul Yzaguirre, National Council of La Raza
Message Sent To:
Jun-08-99 06:25P Edley/Echaveste
Race-racial profiling
P.02
HARVARD LAW SCHOOL
CAMBRIDGE MA 02138
June 8, 1999
Re: Racial Profiling
Dear Mr. President:
1 feel that I owe you this note because the stakes are high and I have reason to
doubt that you were presented with the arguments below. Please forgive the breach of
process. [ first raised the executive order idea last fall, searching for some action to
include in the book. DPC opposed the idea, but agreed to start an interagency process. It
has taken just short of forever, and it is still just an order to direct research.
My initial proposal was a flat ban. When Eric Holder told me in January that there
might be compelling operational needs at the Border Patrol, I crafted a compromise order
- a ban but with an escape hatch if a cabinet officer were persuaded of a compelling need.
The principal objections to that modified ban are that (1) it would advertise that you might
support racial profiling in certain situations, and (2) it risks a news story focusing on that
support, rather than your general opposition to racial profiling.
Please consider these principles.
Be forthright about what the agencies actually do. Do not permit INS or other
agencies to cover up racial profiling practices, if that is what is going on (and there
remains a little bit of uncertainty, empirical and definitional). Do not defend their
policies unless you both understand and agree with them. Discuss race honestly.
1 consider it a transparent evasion to just do data collection and say, "I can't ban racial
profiling because 1 don't know for sure that INS is doing it." There are symbolic and
prophylactic reasons to order a ban or modified ban, and then collect data to enforce
the prohibition. Moreover, DOJ and DPC admit that the Border Patrol is doing
something So, do you support it, or don't you? And, until the facts are clear, is the
presumption against profiling, or is the presumption against interfering with the INS?
If you are not going to hide the policy, then you have three choices. First, you can
order a stop to it with a flat ban: make your actions match the rhetoric that your
speechwriters are preparing. Second, you can honestly defend the INS and say that
border enforcement is different because of the nature of the offense being investigated.
Third, you can take a middle ground, as [ reluctantly suggested in the draft book
This third option would ban racial profiling but permit cabinet officers to create
narrowly tailored, carefully monitored exceptions, with public notice. My belief is, if
Jun-08-99 06:25P Edley/Echaveste
P.03
the INS thinks they have a compelling operational need, they should say so, Dorris and
Janet should be put to the test of explaining why they need it and how they are going
to prevent abuses. Meanwhile, ban the practice.
Now think about the roundtable at DOJ. I don't know the format or who the participants
are. But, as a prediction, you should expect to be asked why you don't exercise principled
leadership by issuing a ban, even if there is uncertainty, rather than just conducting
research. Hispanics or others there may ask you about the Border Patrol. Comparisons
may be drawn in the roundtable, or by reporters, with Governor Whitman, who ultimately
acted forcefully, and with Mayor Giuliani, who has ordered politeness, rather than
research.
Finally, please remember that the Vice President has stated his own flat opposition to
racial profiling. In a meeting I coordinated on crime policy last week, Bill Galston raised
the profiling question and made an impassioned statement condemning it. The Vice
President said he fully agreed. Playing devil's advocate, I presented the Border Patrol
problem and pressed him, testing the firmness of his view. He quickly insisted that, "It is
just wrong." Bruce Reed was present, but said nothing on that issue.
Thanks for your time.
Warm regards,
Christopher CSAR Edley, Jr.
Professor of Law and
Co-Director, the Civil Rights Project at Harvard
Race-Racial profiling
CONFERENCE ON STRENGTHENING POLICE-COMMUNITY
RELATIONS
SUGGESTED HYPOTHETICALS AND QUESTIONS
FOR ROUNDTABLE DISCUSSION
Facilitators: Charles Ogletree, Harvard Law School
Christopher Stone, Vera Institute of Justice
Moderator: The President
1. HYPOTHETICAL SITUATION
Ogletree/Stone: The police chief in a mid-size city is presented with requests from
neighborhood watch organizers and other residents in a minority, high crime neighborhood to
increase police patrols in that area. They particularly are concerned about young men loitering
on the corners and in front of liquor stores, and they complain of gang activity and drug buys.
When the chief added patrols in the past, the police were criticized strongly by others from this
same community and civil rights activists for being. heavy-handed.
Suggested Questions for THE PRESIDENT:
1. Suggested Question to Hugh Price, National Urban League:
What steps would you take to work with the police to meet the real needs of the
neighborhood residents to combat crime, while also addressing the civil rights
concerns?
2. Suggested Question to Tom Frazier, Baltimore Police Department or Richard
Green, Crown Heights Youth Center:
What steps can a police department take to get community approval for increased
crime control, without creating tensions and a perception of bias or lack of respect
for residents?
3. Suggested Question to Chuck Sha-King, Youth Force or Attorney General Reno:
How can police best learn how to talk to youth?
-1-
2. HYPOTHETICAL SITUATION
Ogletree/Stone: The Chief of Police of a major city has an aggressive program to stop cars in
the city that appear to be carrying gang members and to question the driver and passengers.
Gang activity in the city principally has involved gangs of African American, Hispanic, Asian,
and Eastern European young people.
The police chief has just come to the see the Mayor about a crisis. A few hours ago, two officers,
one white and one Hispanic, stopped a low-riding car carrying three teenage black males based
on a minor traffic violation, but something went terribly wrong. After the stop, there was an
argument and the officers thought they saw one of the passengers reach into the back seat; they
saw something shiny and thought it was a gun. They opened fire, injuring the driver and one of
the passengers. No gun was found in the car. However, there was a shiny metallic object
(wrench?) that may have been what the officers mistook for a gun.
The chief is prepared to support a full investigation and let the chips fall where they may. She is
worried that the reaction to the incident may endanger her anti-gang traffic stop program, which
she believes has been crucial to bringing down crime. Her community meetings over the last few
years have convinced her that the public broadly supports this program. The mayor and chief of
police will hold a press conference in two hours.
Suggested Questions for THE PRESIDENT:
1. Suggested Question to Robert Stewart, National Organization of Black Law
Enforcement Executives or Bob Scully, National Association of Police
Organizations:
What strategy would you recommend to the Mayor if you were chief of police?
2. Suggested Question to Gil Gallegos, Fraternal Order of Police or Kweisi Mfume,
NAACP:
As Mayor, what should your priorities be in responding to the incident? How
broadly or narrowly do you want to focus the issue?
3. Suggested Question to Ron Neubauer, International Association of Chiefs of
Police:
What policies have been successful in other cities in preventing these kinds of
tragedies?
-2-
3. HYPOTHETICAL SITUATION
Ogletree/Stone: A new police chief has been hired and the local paper published a series of op-
ed pieces discussing the issues that the new chief should address. In one, the editorial board
called on the chief to move beyond the slogans of community policing to the real spirit of
community policing: giving local communities, particularly communities of color, a real say in
how the police serve them.
Suggested Question for THE PRESIDENT:
1. Suggested Question to Paul Evans, Boston Police Department or Wade
Henderson, Leadership Conference on Civil Rights:
What practical steps can we take to move us closer to the spirit of community
policing in cities across this country?
IF TIME ALLOWS THE FOLLOWING QUESTIONS/SITUATIONS COULD BE
ADDRESSED:
4. QUESTION
Ogletree/Stone: Traffic stop enforcement is an important law enforcement tool for a variety of
reasons, not the least of which is traffic safety and decreasing traffic fatalities. Secretary Slater, I
know that you have a seat belt initiative that you believe is particularly important in the African
American community and in other communities of color. How will addressing the concerns of
racial profiling in traffic enforcement affect the receptiveness of these communities to your
initiative?
5. HYPOTHETICAL SITUATION
Ogletree/Stone: Police have been called to a minority neighborhood because a man who appears
to be mentally ill has been shouting abusively at residents. When two policemen arrive, they
announce that they are police, but the man responds by pulling out a knife. When the police
shout at the man that he should drop the knife, instead he lunges forward at one of the officers.
The other officer fires his weapon, seriously wounding the man. This incident has occurred
against the backdrop of increasing tensions between the police and members of the minority
community.
Suggested Questions for THE PRESIDENT:
1. Suggested Question to Dan Smith, National Sheriff's Association or Raul
Yzaguirre, National Council of La Raza:
If you are the chief of police, what steps should you take to avoid community
unrest?
-3-
2. Suggested Question to Ken Lyons, International Brotherhood of Police Officers or
Karen Narasaki, Asian Pacific American Legal Consortium:
What steps should we be taking to minimize these types of incidents?
[This hypothetical could also be used as springboard for discussion of fact that some
incidents, while avoidable and tragic, and perhaps the result of lapses in police policy,
may not be ones that can or should be prosecuted.]
3. Suggested Question to Antonia Hernandez, Mexican American Legal Defense &
Educational Fund:
You are the police union representative for the officer involved in the shooting.
Civil rights leaders are calling for prosecution of the officers. What position
should you be taking?
-4-
ROUNDTABLE DISCUSSION ON
STRENGTHENING POLICE-COMMUNITY RELATIONS
June 9, 1999
President Clinton will serve as the moderator for today's roundtable discussion on
police-community relations. With the assistance of Professor Charles Ogletree from Harvard
Law School and Christopher Stone from the Vera Institute of Justice, the President will outline
several hypothetical situations involving interactions between law enforcement officers and
members of the community. He will then follow up by asking individual panel participants a
series of questions as to how they would respond to such situations. Some of the examples that
the President will use during this discussion are:
HYPOTHETICAL SITUATION #1:
The police chief in a mid-size city is presented with requests from neighborhood watch
organizers and other residents in a minority, high crime neighborhood to increase police
patrols in that area. They particularly are concerned about young men loitering on the
corners and in front of liquor stores, and they complain of gang activity and drug buys.
When the chief added patrols in the past, the police were criticized strongly by others
from this same community and civil rights activists for being heavy-handed.
HYPOTHETICAL SITUATION #2:
The Chief of Police of a major city has an aggressive program to stop cars in the city that
appear to be carrying gang members and to question the driver and passengers. Gang
activity in the city principally has involved gangs of African American, Hispanic, Asian,
and Eastern European young people.
The police chief has just come to the see the Mayor about a crisis. A few hours ago, two
officers, one white and one Hispanic, stopped a low-riding car carrying three teenage
black males based on a minor traffic violation, but something went terribly wrong. After
the stop, there was an argument and the officers thought they saw one of the passengers
reach into the back seat; they saw something shiny and thought it was a gun. They
opened fire, injuring the driver and one of the passengers. No gun was found in the car.
However, there was a shiny metallic object (wrench?) that may have been what the
officers mistook for a gun.
The chief is prepared to support a full investigation and let the chips fall where they may.
She is worried that the reaction to the incident may endanger her anti-gang traffic stop
program, which she believes has been crucial to bringing down crime. Her community
meetings over the last few years have convinced her that the public broadly supports this
program. The mayor and chief of police will hold a press conference in two hours.
HYPOTHETICAL SITUATION #3:
A new police chief has been hired and the local paper published a series of op-ed pieces
discussing the issues that the new chief should address. In one, the editorial board called
on the chief to move beyond the slogans of community policing to the real spirit of
community policing: giving local communities, particularly communities of color, a real
say in how the police serve them.
The thirty participants in the roundtable discussion are:
CHAIR
President William J. Clinton
PARTICIPANTS
Attorney General Janet Reno
Deputy Attorney General Eric H. Holder, Jr.
Associate Attorney General Raymond C. Fisher
Acting Assistant Attorney General Bill Lann Lee, Civil Rights Division
Secretary Rodney Slater, Department of Transportation
Ronald Daniels, Center for Constitutional Rights
Paul Evans, Boston Police Department
Thomas Frazier, Baltimore Police Department
Gilbert Gallegos, Fraternal Order of Police
Richard Green, Crown Heights Youth Center
Penny Harrington, National Center for Women in Policing
Wade Henderson, Leadership Conference on Civil Rights
Antonia Hernandez, Mexican American Legal Defense & Educational Fund
John Justice, National District Attorneys Association
Representative Sheila Jackson Lee, 18th District, Texas
Ken Lyons, International Brotherhood of Police Officers
Kweisi Mfume, NAACP
Karen Narasaki, Asian Pacific American Legal Consortium
Ron Neubauer, International Association of Chiefs of Police
Professor Charles Ogletree, Harvard Law School
Hugh Price, National Urban League
Robert Scully, National Association of Police Organization
Rev. Al Sharpton, National Action Network
Chuck Sha-King, Youth Force
Dan Smith, National Sheriff's Association
Robert Stewart, National Organization of Black Law Enforcement Executives
Christopher Stone, Vera Institute of Justice
Beverly Watts-Davis, San Antonio Fighting Back
Mayor Anthony Williams, District of Columbia
Raul Yzaguirre, National Council of La Raza
Rau prosiling
ROUNDTABLE DISCUSSION ON
STRENGTHENING POLICE-COMMUNITY RELATIONS
June 9, 1999
President Clinton will serve as the moderator for today's roundtable discussion on
police-community relations. With the assistance of Professor Charles Ogletree from Harvard
Law School and Christopher Stone from the Vera Institute of Justice, the President will outline
several hypothetical situations involving interactions between law enforcement officers and
members of the community. He will then follow up by asking individual panel participants a
series of questions as to how they would respond to such situations. Some of the examples that
the President will use during this discussion are:
HYPOTHETICAL SITUATION #1:
The police chief in a mid-size city is presented with requests from neighborhood watch
organizers and other residents in a minority, high crime neighborhood to increase police
patrols in that area. They particularly are concerned about young men loitering on the
corners and in front of liquor stores, and they complain of gang activity and drug buys.
When the chief added patrols in the past, the police were criticized strongly by others
from this same community and civil rights activists for being heavy-handed.
HYPOTHETICAL SITUATION #2:
The Chief of Police of a major city has an aggressive program to stop cars in the city that
appear to be carrying gang members and to question the driver and passengers. Gang
activity in the city principally has involved gangs of African American, Hispanic, Asian,
and Eastern European young people.
The police chief has just come to the see the Mayor about a crisis. A few hours ago, two
officers, one white and one Hispanic, stopped a low-riding car carrying three teenage
black males based on a minor traffic violation, but something went terribly wrong. After
the stop, there was an argument and the officers thought they saw one of the passengers
reach into the back seat; they saw something shiny and thought it was a gun. They
opened fire, injuring the driver and one of the passengers. No gun was found in the car.
However, there was a shiny metallic object (wrench?) that may have been what the
officers mistook for a gun.
The chief is prepared to support a full investigation and let the chips fall where they may.
She is worried that the reaction to the incident may endanger her anti-gang traffic stop
program, which she believes has been crucial to bringing down crime. Her community
meetings over the last few years have convinced her that the public broadly supports this
program. The mayor and chief of police will hold a press conference in two hours.
HYPOTHETICAL SITUATION #3:
A new police chief has been hired and the local paper published a series of op-ed pieces
discussing the issues that the new chief should address. In one, the editorial board called
on the chief to move beyond the slogans of community policing to the real spirit of
community policing: giving local communities, particularly communities of color, a real
say in how the police serve them.
The thirty participants in the roundtable discussion are:
CHAIR
President William J. Clinton
PARTICIPANTS
Attorney General Janet Reno
Deputy Attorney General Eric H. Holder, Jr.
Associate Attorney General Raymond C. Fisher
Acting Assistant Attorney General Bill Lann Lee, Civil Rights Division
Secretary Rodney Slater, Department of Transportation
Ronald Daniels, Center for Constitutional Rights
Paul Evans, Boston Police Department
Thomas Frazier, Baltimore Police Department
Gilbert Gallegos, Fraternal Order of Police
Richard Green, Crown Heights Youth Center
Penny Harrington, National Center for Women in Policing
Wade Henderson, Leadership Conference on Civil Rights
Antonia Hernandez, Mexican American Legal Defense & Educational Fund
John Justice, National District Attorneys Association
Representative Sheila Jackson Lee, 18th District, Texas
Ken Lyons, International Brotherhood of Police Officers
Kweisi Mfume, NAACP
Karen Narasaki, Asian Pacific American Legal Consortium
Ron Neubauer, International Association of Chiefs of Police
Professor Charles Ogletree, Harvard Law School
Hugh Price, National Urban League
Robert Scully, National Association of Police Organization
Rev. Al Sharpton, National Action Network
Chuck Sha-King, Youth Force
Dan Smith, National Sheriff's Association
Robert Stewart, National Organization of Black Law Enforcement Executives
Christopher Stone, Vera Institute of Justice
Beverly Watts-Davis, San Antonio Fighting Back
Mayor Anthony Williams, District of Columbia
Raul Yzaguirre, National Council of La Raza
Rau - Racial profiling
Increasing Trust Between Communities and Law Enforcement:
Combating Racial Profiling
June 9, 1999
Today at a Justice Department conference, President Clinton will chair a roundtable discussion
with leaders from civil rights and law enforcement organizations on ways to build trust between
police and the communities they serve. To address the issue of racial profiling, the President will
direct federal law enforcement agencies to begin collecting and reporting data on the race,
ethnicity, and gender of the individuals they stop and search. The President also will call on
Congress to pass legislation to promote data collection and reporting by state and local law
enforcement agencies.
Getting the Facts on Racial Profiling
Leading by example. No person should be targeted by law enforcement because of the
color of his or her skin. Stopping or searching individuals on the basis of race is not
consistent with our commitment to equal justice under law and is not effective law
enforcement policy. Racial profiling is simply wrong. As a necessary step to combat this
problem, we need to learn the hard facts about when and where it occurs. That is why the
President will direct the Departments of Justice, Treasury and Interior to:
(1) begin collecting data on the race, ethnicity, and gender of individuals subject
to traffic and pedestrian stops, inspections at entries into the U.S., and certain
other searches by federal law enforcement agencies including the Immigration and
Naturalization Service, Drug Enforcement Agency, Customs Service, and
National Park Service ; and
(2) after one year, report on the findings of the new data collection system and
make additional recommendations based on those findings on how to ensure
greater fairness in federal law enforcement's procedures.
Helping states and localities. The President also will support legislation introduced by
Representative John Conyers (D-MI) to establish a new federal grant program to assist
state and local law enforcement agencies to implement similar data collection systems.
This legislation also will authorize the Attorney General to develop a nationwide sample
and issue a report on the number and nature of traffic stops conducted by state and local
enforcement throughout the country.
Surveying the American public. As recently announced by the Attorney General, this
year the Justice Department will amend its National Crime Victimization Survey
and begin asking Americans about their experiences with traffic stops, police use
of force, and police misconduct. This new information will help measure our
success in building trust and improving relations between law enforcement and
the community.
More Progressive Policing for the 21st Century
Continuing the community policing revolution. To make our communities safer and
stronger, we must enhance our commitment to community policing. The 21st Century
Policing Initiative contained in the President's crime bill extends his successful
community policing initiative and contains several measures to help strengthen the
integrity and ethics of police forces across the country. Specifically, his crime bill
includes: (1) $20 million to expand police integrity and ethics training; (2) $20 million
for police scholarships to promote the best educated police force possible; (3) $2 million
for improved minority recruitment to help make sure police departments reflect the
diversity of the communities they represent; (4) $10 million to help police departments
purchase more video cameras to protect both the safety of officers and the rights of the
individuals they stop; and (5) $5 million to establish citizen police academies to engage
community residents in the fight against crime.
Race-vacial publicy
THE WHITE HOUSE
WASHINGTON
6-8-99
June 7, 1999
MR. PRESIDENT:
Wednesday's CA law Tally you- racial enforcement profiling John can't
Attached is a DPC options memo on issuing a
data collection EO (or directive) prior to
roundtable discussion with civil rights and
representatives. I've also attached a short memo from Chuck
Ruff with his views. I recommend you read both.
Maria asked me to convey her thoughts; she thinks:
it's important to note (as Chuck does) that the VP and AG
My
have been publicly critical of racial profiling;
civil rights groups may not view a data collection EO as
bold leadership on this issue; and
federal law enforcement agencies may not be unalterably
opposed to the Edley approach.
DPC has a different view from Maria, especially on the last
point. You should know that DPC did preview the EO with
Wade Henderson, who responded favorably for the most part.
Minyon Moore thinks it's important to tackle this issue in
incremental steps (like this one), and believes it's worth doing
before Wednesday's meeting.
Sean Maloney 185
CC: PODESTA
ECHAV.
RUFF
TRAMON.
MOORE, M.
KAGAN/REEO
79
THE WHITE HOUSE
WASHINGTON
June 4, 1999
MEMORANDUM FOR THE PRESIDENT
FROM:
Bruce Reed
SUBJECT:
Executive Order on Racial Profiling
You are scheduled to participate Wednesday in an hour-long roundtable discussion with
about 30 representatives of the civil rights and law enforcement communities, possibly including
Jesse Jackson, Kweisi Mfume, Al Sharpton, Wade Henderson, Hugh Price, FOP President Gil
Gallegos, Boston Police Commissioner Paul Evans, and Baltimore Police Commissioner Thomas
Frazier. This discussion is meant to help the civil rights and law enforcement communities find
common ground on how to deal with police abuse and misconduct, including racial profiling.
Although the Attorney General, Chuck Ruff, and I have met with most of the invitees in
preparation for this meeting, many remain skeptical about each other's motives and about what
the meeting will accomplish. We are hopeful that your involvement in the roundtable will help
keep the civil rights and law enforcement communities working together on this issue.
Also in preparation for this meeting, we have worked with the Departments of Justice and
Treasury to draft an executive order on this issue. The order starts with a preamble expressing, in
general but strong terms, opposition to the use of racial profiling as a tool of law enforcement.
The order then directs federal law enforcement agencies to set up a system to collect data on the
race, ethnicity, color, and gender of the persons they stop, search, or otherwise examine. Within
one year of implementing this system, the Attorney General must report the data collected and
make any appropriate recommendations on how to promote greater fairness in federal law
enforcement. Justice, Treasury, and the DPC believe that this order would constitute an effective
way of demonstrating federal leadership in this area. The executive order essentially would do at
the federal level what the civil rights community most wants done at the state and local levels
(and what legislation by Congressman Conyers would require): institute a strong system of data
collection and reporting to determine and disclose exactly where racial and other discrimination
exists in traffic stops and other contacts with law enforcement.
Chris Edley has proposed a different kind of executive order, which would expressly
prohibit (though, as explained below, perhaps with an exception) federal law enforcement
officers from taking race, ethnicity, and other specified traits into account when making stop and
search decisions. This approach would require you to confront quite explicitly a difficult issue
(which the data collection order allows you to avoid, at least for now): whether to allow the U.S.
Border Patrol to continue its current practice of using a person's perceived national origin or
ethnicity (essentially, whether the person looks Hispanic) in deciding what cars to search near the
border. The Edley executive order would either (1) effectively prohibit this practice, in the face
2
of the strong view of both the INS and Main Justice that it is an integral part of effective border
enforcement, or (2) include a specific provision allowing the Border Patrol (the largest federal
law enforcement agency and the one that most regularly conducts traffic stops) to continue this
practice notwithstanding that it at least appears inconsistent with the general principles
underlying the order. Because DOJ, Treasury, and the Counsel's Office object to the first
approach on substantive grounds (believing that where national origin is an element of the
suspected criminal offense, this kind of practice is both appropriate and necessary) and because
DOJ and the DPC object to the second approach on political grounds (believing that it will cause
a firestorm within the Hispanic community), all your agency and White House advisors oppose
Edley's alternative executive order.
A more difficult question concerns whether to issue any executive order on Wednesday.
The Justice Department strongly believes that the data collection order is necessary to show that
we are making progress on this issue and doing something more than just talking. Both Justice
and Treasury also believe deeply in the need for data collection and reporting, and worry that if
we do not issue this order now, we also will find reasons not to issue it in the future. Counsel's
Office, on the other hand, recommends that you put off issuing the data collection order and
simply engage in general discussion of racial profiling at the conference. Chuck notes that the
order may displease both sides of the debate -- the civil rights community because it does not
expressly prohibit all federal law enforcement officers from engaging in all kinds of racial
profiling, the law enforcement community because it does demand collection and reporting of
racial and other data (which most law enforcement groups strongly oppose at the local level). He
also notes that we will be issuing this controversial order before any members of the civil rights
and law enforcement communities have had a chance to speak with you directly on the issue,
perhaps appearing to preempt the very discussion in which you will be participating.
DPC believes this is a close issue, but ultimately comes down on the side of releasing the
executive order on Wednesday. To the extent that release of this order on Wednesday will
provoke criticism on one side or the other (or both), we do not think the order will become any
less controversial with the passage of time. (We are mindful that the crime bill is being marked
up this week by the House Judiciary Committee and that the support of the law enforcement
community for our crime proposals is important; we believe, however, that through careful
consultations, we can minimize any adverse effect of this executive action on the broader debate
in Congress.) We also believe, as noted above, that this executive order does something useful
and allows us to exercise leadership in this area.
Sign the executive order to collect data on federal law enforcement stops.
Do not sign the executive order to collect data on federal law enforcement stops.
Let's discuss.
THE WHITE HOUSE
WASHINGTON
June 6, 1999
MEMORANDUM FOR THE PRESIDENT
FROM:
Charles Ruff CR
SUBJECT:
Executive Order on Racial Profiling
A few comments on Bruce's memorandum concerning the racial profiling executive
order:
1.
Although the proposed executive order would parallel the data collection
mandated for the states by the Conyers legislation, in my view it would be seen by the civil
rights community as reflecting less forceful leadership on the issue of racial profiling than
they are expecting. This is so particularly because both the Vice President and the Attorney
General are already on the public record with statements declaring racial profiling to be
improper.
2.
The issue of current Border Patrol practice is a difficult one, and we are
trying to work through with the INS how its need to enforce a law that has national origin
as its central element can be squared with the presumptive impropriety of using ethnicity
and national origin as a factor in making law enforcement decisions. The Border Patrol's
current practice does permit it to use ethnicity and national origin as one element in
deciding whether to make highway stops north of the Mexican border, and our goal, at a
minimum, must be to ensure that any use of those indicia is carefully circumscribed and
monitored so that it does not become the equivalent of a New Jersey Turnpike traffic stop.
3.
On the issue of when to issue the executive order, I have two concerns.
First, since it will be seen as overriding state law enforcement objections and as being less
than the civil rights community expects, to issue it before meeting with both groups will
leave both disappointed (and angry) and, as a matter of process, will give them the
impression that you came to the meeting with your mind made up. Second, I fear that the
specifics of the order will become the sole focus of the discussion and eliminate any
meaningful chance to discuss the broader issues on the agenda.
I believe that the meeting will work better if you come to listen to the
opposing (or at least different) views of the participants, make clear your strong belief that
racial profiling is wrong, and then issue the executive order shortly thereafter, having taken
the groups' recommendations into account. You will have to be prepared to address the
special problem of the Border Patrol but can do so in a setting in which you will have
made your basic principles clear and can express concern that any use of national origin by
the INS must be carefully constrained and monitored. I acknowledge the risk that the
meeting will not be as newsworthy if you do not issue the order, but I believe the risk is
greater that the participants will react badly to the timing (and the substance) of the order if
it is issued beforehand.
proliting
NATIONAL PRESS CLUB LUNCHEON SPEAKER:
JANET RENO, ATTORNEY GENERAL OF THE UNITED STATES
NATIONAL PRESS CLUB BALLROOM 1:01 P.M. EDT THURSDAY,
APRIL 15, 1999
Good afternoon, and thank you for having me.
Across the country communities are considering the ways in which police officers do their
jobs, how they handle deadly confrontations and how they protect and respect the people they
serve.
Police officers have one of the hardest jobs there is. A police officer is charged with ensuring
public safety, but she or he is also empowered to use force and, if necessary, to take a life to
protect others from death or great bodily harm. The police are there to protect us from crime, but
they must protect our rights at the same time. And to do their work effectively, the police
must have the trust and confidence of the communities they serve. They must develop a
partnership and a relationship with the citizens they protect.
Professional, sensitive, and dedicated police officers have done so much across this country to
make their community a far better place to live. In many communities police and citizens are
working together to prevent crime and to build understanding and to bring people together.
The crime rate has fallen every year for the past six years in virtually every category. Policing
has contributed to that drop. The thousands of community-oriented police officers who are on the
streets, due to the president's COPS initiative, have made a difference. All across America
neighborhoods are safer.
But some people, especially those in minority communities, are wondering whether our
success in reducing crime has been due in part to overly aggressive police officers who ignore
the civil liberties of Americans. That concern has escalated and shown a more public face
following the tragic shooting death of Amadou Diallo in New York two months ago.
This nation's heart goes out to the family and friends of Mr. Diallo for their terrible loss. The
case is now with the courts to decide, and it would be inappropriate for me to comment.
But the issue is not just one city. The issue is national in scope and reaches people all across
this country. For too many people, especially in minority communities, the trust that is so
essential to effective policing does not exist because residents believe that police have used
excessive force, that law enforcement is too aggressive, that law enforcement is biased,
disrespectful, and unfair.
Too often I have heard stories similar to the following account. A black man is driving down
-1-
the road. He is coming back from the store, or returning home from work. A siren sounds, the
lights start to flash. And in his rearview mirror he sees a police car. He pulls over. The officer
comes up besides the car and asks for identification. He hands it over. The police officer asks
questions, and then hands the license back, telling him without further explanation to drive on.
The driver is left with unspoken questions. Why did he pull me over? Is because I am black? Is it
because I am driving a nice car? Is it because people like me aren't often found in this part of
town? The driver may never learn the answers. But he is left with a clear perception, the
perception that he was being pulled over for being black.
But, indeed, the officer may have had a good reason to make that stop. Perhaps the vehicle
was speeding. Perhaps the officer was searching for a man who was driving a car identical to the
one belonging to the driver. The driver's perception may be completely wrong. But if the driver
is never told why he was pulled over, he has no reason to change that perception. And
as he drives away, it is not just his time he will have lost, but his confidence in law enforcement
as well.
Whether these feelings are based on individual experiences or based on the stories and the
perceptions of others, what matters most is that these feelings are very real on the part of too
many Americans. When even a U.S. attorney who is African American feels he has to instruct his
son to be cautious of the police when he drives, we have a problem.
When minority communities, in the wake of a shooting, immediately assume the police
officer, not the suspect, is at fault, we have a problem. And the tensions that arise between the
police and minority residents have serious consequences both in terms of effective policing and
community unrest.
When citizens do not trust their local police officer, they are less willing to report crime and
less willing to be witnesses in criminal cases. When there is a breach of trust, it means people are
more distrustful of the police, more tense when there is an encounter, and less likely to
cooperate. As a result, police officers are more tense, and they may be more likely to react with
more force than necessary. Suddenly, a routine encounter can become a deadly clash.
Since I became Attorney General, I have tried to get all parts of our communities to work
together to deal with the problem of crime in this country -- state and local law enforcement
working together with the federal government identifying a problem and working together to
solve it. I've tried to get businesses and clergy, schools and social agencies to come together to
the table. Crime is a problem that all of us must work together to solve because no one of us can
solve it alone. It is now time for all of us to come together in our communities, with citizens from
all parts of the community, to build the trust and confidence of all Americans in law
enforcement.
Over the past several weeks, I have met with police chiefs, union representatives, community
leaders, with young people at risk, and offenders on probation, listening as they have described
-2-
the problem and made suggestions -- good, positive, constructive proposals -- that would
generate trust and build a solid relationship. Both law enforcement and community leaders
understand that we are and that we must continue to be together if we are to solve this problem.
There is probably no task more important to safe neighborhoods and civil rights than improving
relationships and building greater trust between minority communities and law enforcement.
And every police chief I have talked to and every community leader I have met shares this
commitment.
Effective policing does not mean abusive policing. Effective policing does not ignore the
constitutional rights and the civil liberties that police officers are sworn to uphold. On the Ninth
Street side of the Justice Department building, inscribed across the top, are the words describing
the law that we live under. "The common law is derived from the will of mankind, issuing from
the life of the people, framed through mutual confidence, sanctioned by the light of reason." For
police officers to be effective, their enforcement of the law must be framed in mutual confidence
between the people served and the people who serve them. Every American must respect the law,
but the law must respect every American.
Across the country, there are nearly 700,000 law enforcement officers, and the overwhelming
majority are hard-working public servants who do a dangerous job justly, fairly, with excellence
and with honor. They put their lives on the line every day in the pursuit of justice and public
safety, and they do that because they care about the people they are committed to serving.
I support and salute these dedicated officers. We owe them a great debt of gratitude. But we
as a society cannot tolerate officers who cross the line and abuse their position by mistreating
law-abiding citizens or who bring their own racial bias to the job of policing. No person should
be subject to unreasonable force. No person should be targeted by law enforcement based
on the color of his or her skin. Equal justice under law must mean the same thing to minority
communities as it means to the nation as a whole.
Police chiefs and rank and file officers alike agree. They tell me that if we want to maintain
the trust and confidence of the community, we must take decisive action against those few
officers who violate their oaths and deny citizens their constitutional rights by the use of
excessive force or harassment. Police organizations, such as the International Association of
Chiefs of Police, and then the Police Executive Research Forum, have stated very clearly that
police activity that is race or ethnic-based is neither legal, consistent with democratic ideals and
principles of American policing, nor in any way legitimate and defensible as a strategy for public
protection. Indeed, last Friday, representatives of Oregon and Washington state law enforcement
agencies and police unions signed an unprecedented resolution condemning race-based profiling,
that was facilitated by the Community Relations Service of the Justice Department.
Today I am announcing that I will be convening law enforcement leaders, community
representatives, including young people, who must be heard from, civil rights advocates and
-3-
experts in police practices to identify and share strategies that are working and to understand
suggestions that can be implemented to address this issue.
I will also be reviewing the suggestions that I have been provided by civil rights leaders and
law enforcement officials with whom I have met.
Last week the Police Executive Research Forum brought 20 police chiefs from around the
country to Washington. The chiefs were asked to bring one or two community leaders from their
cities, so they could discuss the issues surrounding police misconduct. That was an excellent
discussion, and very constructive.
Today I would like to focus on five areas that I think will form the foundation of our efforts to
foster police integrity and eliminate police misconduct.
The first step is to expand and to promote the kind of partnership and dialogue which
develops the mutual trust and confidence between police and the people they serve.
The concept of community policing can teach us a great deal, for it seeks to improve public
safety by involving the community itself and the people themselves in establishing police
priorities and involving police officers in the communities they serve. It involves partnerships
between the police and institutions, such as the school and the clergy. In cities across this
country, officers organize and participate in community activities and develop ways for the
community to participate in police decision-making.
By breaking down suspicions, building up the trust, the community-oriented police officer
becomes the peacemaker and the problem-solver without relinquishing his or her enforcement
duties.
Sometimes it just boils down to taking the time to learn how to talk to each other. In
Winston-Salem, the police department has housed its basic law enforcement training program at
a school for at- risk youth. As part of that basic law enforcement training, these police trainees
were working as mentors with young people in the school. I was there last week, and I talked to
trainees and youth together.
One teenager was very eloquent. "I didn't like the police. I didn't trust them. I used to walk
away from them when I saw them coming. When they first came to the school and started talking
to me, I didn't listen to them. They kept talking to me, and I started hearing and started listening,
and they really had something to say."
Those trainees and those young people, sitting together, were learning how to talk to each
other, and in the limited time they had had, they were each learning from the other. It was one of
the best experiences I have seen in terms of seeing police and young people relate together.
-4-
In Baltimore, police officers are working together with community service officers and
parents and community volunteers to build trust and mutual respect between young people and
adult authority figures. The Police Athletic League operates 27 centers around Baltimore, serving
the needs of more than 7,000 youths by creating safe havens that are open after school until
10:00 p.m. at night. Unsurprisingly, in neighborhoods where Police Athletic League centers are
located, crime involving young people has dropped dramatically.
And police departments can also find valuable partners in the faith community. In Boston, a
group of ministers, the 10 Point Coalition, has played a vital role in the city's recent and
remarkably successful fight against violent crime. The coalition's outreach and work with at-risk
youth was vital. Even more critical, however, was the coalition's effort to change the way the
police in Boston's inner- city community relate to each other. The coalition created a balance
between the community's desire for safe streets and the community's reluctance to see their
children put in jail. In this way, the coalition served as a bridge of trust and reconciliation
between the community and the police.
Last month President Clinton announced that we will expand the creation of Citizen Police
Academies. These academies, in intensive discussion over many weeks, explain clearly and
honestly just what the police do and how they operate. These center demystify the police and
enable citizens to better understand the challenges that police officers face day in and day out.
Our second undertaking is this: We must insist on police accountability. And I begin with the
Department of Justice. We are conducting a self-assessment of our own use of force and civil
rights processes, coordinated by the Inspector General, to ensure that we have procedures in
place which hold us accountable to the American people, to all of the American people.
All law enforcement agencies -- federal, state and local -- from the director, chief or sheriff on
down, must send a clear message that misconduct will not be tolerated, rude or unfair treatment
will not be countenanced. But this is not a responsibility of management alone, rank and file
officers must join together to promote a climate of integrity, civility, accountability and
responsibility.
They must be intolerant of misconduct by fellow officers, and they must make it unacceptable
to keep silent about other officers' misconduct.
Every law-enforcement agency should have a complaint process so people can file complaints
without fear. If individuals fear retaliation, then they won't file complaints, and the agency will
never know that it has a problem on its hands. Some police departments have moved their
Internal Affairs unit to a separate building so that individuals do not have to worry about coming
face to face with the officer they are complaining about. Other departments have set up a
phone-in reporting process or distribute brochures on how to file a complaint.
Every police department should make sure that it has in place a vigorous system for
-5-
investigating allegations of misconduct thoroughly and fairly. A fair system ensures due process
both for the officer and for those filing complaints. Departments must ensure that there is
sufficient funding and staffing to pursue each complaint so citizens see that they have not been
ignored. Agencies must have the will to swiftly discipline officers or agents when a complaint
has been sustained. If they do not, some will think that they can cross the line with impunity.
Police departments should also know when officers use force, why the force was used and
whether it was appropriate. Police agencies can implement what are known as early-warning
systems to help identify officers who may need more training or reassignment, if necessary.
Finally, police departments need ways to get an independent view of their performance. In
Washington, the police chief asked the Justice Department to come in and review its use of force.
The Los Angeles Police Department, as a result of the Christopher Commission reforms, created
an inspector general for the department. As a result of a similar commission, the L.A.
Sheriff's Office now has an outside monitor.
Third, we need to ensure that police departments recruit officers who reflect the communities
they serve, who have high standards and who are then properly trained to deal with the stresses
and the dangers of police work. In years past, too many departments had few, if any, minority
officers. That has improved significantly. We now have, not just men in blue, but women
in blue; not just whites, but people of all colors.
When someone who grows up in the neighborhood becomes an officer there, they understand
the people, and they know the languages spoken.
They are men and women our youth can look up to as role models. Old stereotypes and
prejudices are not as likely to be passed on to the next generation of police departments if those
departments represent a diverse mix of society.
I'm proud of this progress, but we need to do more. The San Antonio police department cadet
program targets neighborhoods for recruits where they receive citizen complaints about the
police. They attend community meetings and ask community leaders to identify candidates for
the cadet program. The department works with those candidates by providing them mentors to
help them prepare for the selection process.
We must also emphasize fairness and integrity in our recruitment. As Tom Frazier (sp), the
chief of Baltimore's police department puts it, "we must recruit those who come to policing in the
spirit of service, not in the spirit of adventure." Having recruited the right officers, we must then
do a better job of training them. They must know when it is appropriate to use force
and when other non-forceful means will do. They must know how to serve all the people.
The job of a police officer is very difficult. Try for a moment to picture it from the officer's
perspective: You've just received a call about a drugstore that was robbed. The suspects are two
-6-
teenagers. You happen to be in the area. You see two youths walking briskly down the street.
You yell out to them and suddenly they start to run. You give chase, they split up, you focus on
one of the two, letting the other go. You follow him into an alley in a high-crime neighborhood.
All of a sudden, you realize he's trapped. You yell out that you're police and you order him to
put his hands in the air. But instead, the panicked youth suddenly swirls around holding a tiny,
shiny object that appears to be a gun. Equally panicked, you pull out your gun and without time
to reflect, pull the trigger.
Was it a gun? Why did the suspect run? Did your shots hit the youth? Was he, in fact, the
robber? Were you right to pursue him in the first place? We don't know the answers to such
questions about this hypothetical, but the most relevant question may be whether you were
trained for such an encounter and whether you did everything possible to avoid the use of force.
It is also important that residents realize that police officers in situations like I described are
fearful of their own lives. They, too, fear the unpredictable nature of crime and violence on the
street. We need to deal with these fears in trying to prevent excessive force incidents.
Over the last decade, 688 law enforcement officers were killed in the line of duty, 633 with
firearms. We need to develop strategies to address these fears and deal with some of the stress of
police work.
What we cannot do is allow officers' fears to become exaggerated and develop into mistrust of
an entire community and suspicions based on stereotypes. In a recent speech, Washington D.C.'s
police chief Charles Ramsey noted that those fears are brought on by a narrow view of the world.
He says for many police officers, especially those working in high crime areas, their lives have
become a good versus a bad guy drama played out in the communities they serve. And these
officers see so many of the latter that they lose sight of the former: the good, law-abiding people
who make up the vast majority of residents, even in the most crime-infested communities.
This fear among both police officers and community members tends to breed mistrust, which
in turn fosters stereotypes, which in turn leads to an exaggerated sense of the differences between
our two groups.
Thus our training must prepare officers for violent confrontations, but it also must deal
with non-deadly confrontations. Officers must know how to interact with citizens, how to use
alternatives to force, and that it is wrong to assume that the race or ethnicity of a person
determines on which side of the law that person falls.
And most of all, we've got to look at teenagers and understand that the great, great, great
majority, even those who get in trouble, are good kids who want to be somebody and want to
make a difference. We've got to learn how to talk to them, learn how to encourage them, and
work together to give them a strong and positive future.
-7-
Fourth, we must increase our civil rights enforcement. The steps I have outlined so far are
things we can do to prevent incidents of police misconduct in the first place. But when they do
occur, we must take swift, sure action, and that means prosecution when appropriate.
Most cases of police excessive use of force are prosecuted by state and local authorities. But
the Justice Department has a very important role to play. At any given time, the Civil Rights
Division and the FBI are investigating several hundred allegations of criminal police misconduct
around the country. During the past five years the Justice Department has criminally prosecuted
over 200 law enforcement officers for excessive force. We pursue these cases vigorously. But we
recognize that the law sets a very high standard of proof. To prove a federal crime, we must
prove beyond a reasonable doubt that the officers had the specific intent to use more force than
was reasonably necessary under the circumstances, given their training, experience and
perceptions.
We need to be successful in another way, too.
We need to do a better job in the Department of Justice of explaining to the public why we are
bringing a case or why we can't bring a case, so that both police officers and the members of the
community know what to expect from the Department while at the same time not doing anything
that would affect a pending investigation or pending prosecution. I am resolved to pursuing that
effort.
In addition to prosecuting individual officers, we also have the authority to sue police
departments when we believe there is a pattern of misconduct. Under this authority, known as
our "pattern and practice" authority, we can go to a court to force a police department to change
the way it does business. Using this authority, we are currently investigating several law
enforcement agencies across the country. In two instances, we have negotiated agreements with
police departments that contain many of the good practices I outlined previously. But as we
pursue our pattern and practice investigations, we also will be working with departments on
preventative measures so that we can address police integrity issues without litigation, where
possible.
Fifth and last, we must take steps to gather the data that will help define the scope of the
problem and measure our efforts to solve it. Right now we have only anecdotes and allegations.
We need more. For the past several years, pursuant to the requirements of the 1994 Crime
Control Act, the Department of Justice has tried to develop ways of measuring the level of
excessive force incidents. Because police departments often don't keep such records, and because
they are not required to report to the federal government statistics on the use of force by officers,
we have had only limited success in developing the information.
That's why we're trying a new tack. Every year we conduct a survey of households across the
country, asking whether residents have been victims of a crime. The Crime Victimization Survey
is perhaps one of the most accurate reflections of law enforcement trends. This year we're going
-8-
to update the survey to include questions on police misconduct -- questions like,
"During the last year, have you had an encounter with the police in which physical force was
used?" By doing this, we can get a better sense of the relationship people have with law
enforcement and we will know whether the efforts police departments
make are succeeding.
I believe data collection in the area of police stops is also very important. By keeping track,
by race, of who is pulled over, why they were stopped, which motorists are subjected to searches
and the outcomes of the stops, we can see where the problems exist and how extensive they are.
If the numbers show that there is not a problem, then minority communities will have a better
outlook on law enforcement and if the numbers are, in fact, disproportionate, then police
departments will be able to study the issue and set out ways to reduce the discrepancy.
Just last month I traveled to San Diego, where I met Police Chief Sanders who is developing a
program requiring officers on the beat who make stops to put those stops into the computers that
they have with them. I watched it in action and it's easily done. It takes very little time and I don't
think its disruptive of the officers' day. I think that speaks volumes for what the police can do to
identify the scope of the problem and to take steps to correct it.
There is a problem. America is beginning to face it. We must come together and face it as
one.
We also know that there are many examples of great policing in the field that can renew the
level of trust and confidence in police, among young people, and the community they serve. Both
sides must continue to reach out, talking to each other.
Together we can and will solve the problem so that police can serve their community
with dedication, compassion, understanding and courage. And young people and people who feel
like they have been treated unfairly can become a player in the community, a participant in the
community and contribute the tremendous energy, the wonderful qualities they have that are
oftentimes unnoticed and too often lost for the whole community.
I have been to so many communities in this country, seeing people come together, work
together to make a difference. I am convinced that with the resolve we have used in other
situations, we can successfully and quickly address this situation. It is a situation that must be
solved. (Applause.)
TRANSCRIPT BY FEDERAL NEWS SERVICE, 620 NATIONAL PRESS BUILDING,
WASHINGTON, DC 20045
- FEDERAL NEWS SERVICE IS A PRIVATE FIRM AND IS NOT AFFILIATED WITH THE
FEDERAL GOVERNMENT
- COPYRIGHT © 1998 BY FEDERAL NEWS SERVICE, INC., WASHINGTON, DC 20045
-9-
USA. NO PORTION OF THIS TRANSCRIPT MAY BE COPIED, SOLD OR
RETRANSMITTED WITHOUT THE WRITTEN AUTHORITY OF FEDERAL NEWS
SERVICE GROUP, INC.
- COPYRIGHT IS NOT CLAIMED AS TO ANY PART OF THE ORIGINAL WORK
PREPARED BY A UNITED STATES GOVERNMENT OFFICER OR EMPLOYEE AS
A PART OF THAT PERSON'S OFFICIAL DUTIES.
- FOR INFORMATION ON SUBSCRIBING TO THE FNS INTERNET SERVICE, PLEASE
EMAIL JACK GRAEME AT [email protected] OR CALL 202-824-0520.
-10-
Rau. PAGE 10 supropiling
1ST STORY of Level 1 printed in FULL format.
Copyright 1999 U.S. Newswire, Inc.
U.S. Newswire
April 26, 1999 19:11 Eastern Time
SECTION: NATIONAL DESK
LENGTH: 1596 words
HEADLINE: Gore April 25 Remarks as Prepared for Delivery to NAACP Detroit Metro
Chapter (1/2)
CONTACT: Office of the Vice President, 202-456-7035
DATELINE: WASHINGTON, April 26
BODY:
Following is a transcript of remarks as prepared for delivery by Vice President
Gore at NAACP Detroit Metro Chapter (part 1 of 2):
Sunday, April 25, 1999
As I was preparing to come here tonight, I realized something remarkable.
This is the very last time the Detroit chapter will meet in the 1900s. So
tonight, let us first pause to look back on a legacy of struggle for justice and
righteousness that has truly defined this Century. And then let us look forward
with commitment and dedication to the work that lies ahead.
The history we remember tonight is long. But the cord that connects us to
ages past is short. If you close your eyes and listen to Mayor Archer, you can
feel the passion of Booker T. Washington. Lean back and listen to Carolyn Cheeks
Kilpatrick, and you can feel the leadership of Shirley Chisolm. Listen to John
Conyers, and you can hear the justice of Thurgood Marshall. If you wonder what
it was like to talk to Fannie Lou Hammer, spend a few minutes talking to Mrs.
Bullah Work. If you wonder what Roy Wilkins was like, spend a few minutes with
Dr. Lionel Swann. If you wonder about the wisdom of Mother Pollard, you'll get
the same good advice from Mrs. Irene Graves.
Although she is not here tonight, I know you are proud to have as a member of
this chapter a true American legend, not just to African Americans, but to all
Americans -- Ms. Rosa Parks. Thanks to the taken just this week - - Rosa Parks
now joins Nelson Mandela, Mother Teresa, and Robert Kennedy as one of the few
Americans to receive our highest civilian honor, the Congressional Gold Medal.
I feel a connection to that struggle and to the NAACP in a personal way.
You see, I was raised to believe in racial justice and civil rights.
My father was a United States Senator from the South who had courage. He
fought against the poll tax in the 1940s, and for civil rights in the 1950s. He
was one of only two Senators to refuse to sign the hateful Southern Manifesto.
He voted for the Voting Rights Act of 1965 and he voted against Supreme Court
nominees whose commitment was suspect. And those brave stands probably cost him
his career.
PAGE
11
U.S. Newswire, April 26, 1999
I remember when I was eight years old, we lived in a little house on Fisher
Avenue, halfway up a hill. At the top of the hill was a big old mansion. One
day, as the property was changing hands, the neighbors were invited to an open
house. My father said: "Come, son, I want to show you something." So we walked
up the hill and through the front door.
But instead of stopping in the parlor, or the ornate dining room, or the
grand staircase with all the other guests, my father took me down to the
basement and pointed to the dark, dank stone walls -- and the cold metal rings
lined up in a row.
Slave rings.
I thank God that my father taught me to love justice. Not everyone was eager
to learn. One unreconstructed constituent once said, in reference to African
Americans though that was not the term he used "I don't want to eat with
them, I don't want to live with them, I don't want my kids to go to school with
them. To which my father replied gently: "Do you want to go to heaven with
them?"
After a brief pause came the flustered response: "No, I want to go to hell
with you and Estes Kefauver."
We need to know that history. We need to recognize just how far we have come
in this century -- toward that more perfect union we all seek for our children.
But now we must take stock of the present and we must look to the future.
The next time you meet, it will be the dawn of not just a new century, but a
whole new era in human history.
Will we build on the progress of this century toward justice and tolerance
and inclusion? Will we make the 21st Century the brightest time our nation has
ever seen?
In the 20th Century, we broke down barriers and overcame discrimination in
our laws. We learned along the way that sometimes, good laws aren't good
enough.
Tonight, I pledge to you: if you stand with me, we will lead America into a
21st Century where we break down barriers not just in our lawbooks -- but also
in our workplaces, in our schoolhouses, in
We've made a lot of progress these past six years: more African-American
business owners, homeowners, and CEO's than ever before. African-American
poverty and unemployment are at their lowest point in recorded history. The
doors to college open wider than ever before. We're bringing long-overdue
justice to America's black farmers. And over the past six years, our
administration has named more African-Americans to Cabinet seats, judgeships,
and high posts than any administration in history.
As the NAACP has taught us for 90 years, we are not successful as a nation in
spite of our diversity -- we are successful because of it.
But let's be honest: we have a lot of unfinished business ahead of us.
Today, an African American child is one and a half times more likely to grow
up in a family whose head did not finish high school. Two times as likely to
PAGE
12
U.S. Newswire, April 26, 1999
be born to a teen mother. Two and a half times more likely to be born at low
birthweight. Three times more likely to live in a single parent home. Four
times more likely to have a mother who had no prenatal care. And nine times
more likely to be a victim of a homicide.
I'll tell you: those numbers should weigh on our national consciousness as
strongly as the number "three-fifths" did 150 years ago.
To borrow from your theme, I want a "level playing field" in America.
Tonight, I want to present four ideas -- things we can do right now -- to
make this nation more equal and open for all Americans. I am here tonight to
ask you to stand with me, and help me put them into practice.
The first thing I want to ask you to do is help me expand economic
opportunity and tap the untapped markets of America's cities -- because I
believe America's inner cities are America's hidden jewel.
That begins with a strong, job-creating economy one that leaves no one
behind, keeps interest rates low, and does even more to help African-
American-owned businesses invest and grow. I was proud last year to call on the
Small Business Administration to guarantee a record $3.5 billion in loans to
African-American and Hispanic-American businesses by the year 2000. But we need
to do more.
Expanding opportunity also means opening new markets around the world -- and
saying as loud as we can: yes, trade with Africa is good for America.
But let's be clear: some of the greatest untapped markets for our products
today aren't halfway around the world, they're halfway down the street, in our
inner cities and urban communities.
We need to light up our neglected neighborhoods with the spark of private
investment. I am proud that I have led our Empowerment Zone initiative, which
has brought more than $2 billion of new investment to Detroit.
Now I call on Congress to fully fund our second round of Empowerment Zones,
which have the potential to create 90,000 jobs and stimulate more than $20
billion in public and private investment. Let's give our cities the hope and
opportunity they deserve.
We've also proposed a new $15 billion markets initiative to get more start-up
capital into the hands of people who need it. This initiative will help create
more than just jobs -- it will also create more black-owned businesses in
America's cities, and I urge Congress to pass it.
It will also do one other thing: it will help more minority women smash
through the glass ceiling. At a time when African-Americans earn just 62 cents
on each dollar that white Americans earn, don't you think it's time for an equal
day's pay for an equal day's work?
The second thing I want you to help me do is to protect civil rights in
America, including affirmative action. I've heard the critics of affirmative
action. They're in favor of affirmative action if you can dunk the basketball
or sink a three-point shot. But they're not in favor of it if you merely have
PAGE 13
U.S. Newswire, April 26, 1999
the potential to be a leader of your community and bring people together, to
teach people who are hungry for knowledge, to heal families who need medical
care.
I have a different view: America still needs affirmative action. And while
scientists work to slow down the speed of light, all of us need to work to speed
up the speed of justice. People like Martin Luther King died to give us the
civil rights laws on the books today. The least we can do is enforce them.
Last year, from Dr. King's pulpit at Ebenezer Baptist Church, I was proud to
announce the largest increase in civil rights enforcement in nearly two
decades. I fought for that increase, and we won it last year. But were not
done: Congress still won't vote to confirm Bill Lann Lee as head of the Civil
Rights Division at the to be done. So I say to Congress: let's give Bill Lann
Lee the up-or-down vote he deserves.
Civil rights include basic rights, too -- and that includes the right to be
treated with respect.
Now, I am proud of our nation's law enforcement. I'm proud of the 100, 000
new community police we are putting on our streets, and the work they are doing
to protect all of our families.
LANGUAGE: ENGLISH
LOAD-DATE: April 26, 1999
PAGE
2
5TH STORY of Level 1 printed in FULL format.
Copyright 1999 U.S. Newswire, Inc.
U.S. Newswire
April 26, 1999 19:13 Eastern Time
SECTION: NATIONAL DESK
LENGTH: 1560 words
HEADLINE: Gore April 25 Remarks as Prepared for Delivery to NAACP Detroit Metro
Chapter (2/2)
CONTACT: Office of the Vice President, 202-456-7035
DATELINE: WASHINGTON, April 26
BODY:
Following is a transcript of remarks as prepared for delivery by Vice President
Gore at NAACP Detroit Metro Chapter (part 2 of 2) :
But I want to be perfectly clear: the strong arm of justice must also respect
justice. I am outraged by recent reports of "racial profiling.' DWI is a crime
in this nation. DWB shouldn't be. It is wrong to pigeon-hole and punish
innocent citizens on the basis of race. It is wrong to stereotype somebody as a
suspect simply because of the color of their skin.
Let be very clear: I believe we should abolish racial profiling in America.
And any police department in America that is using it should stop right now.
Right now, our administration is exploring this issue -- to see what we can
do to help end this hateful practice, once and for all.
While we work to protect rights, the third thing I want you to do is to help
me give every child in this country a world-class education.
Who in this room tonight believes we need revolutionary change in our public
schools?
Who believes we can do a better job of working with the parents and teachers
who want to see real reform -- not ten years from now, after their child
graduates, but right away?
Then stand with me for the change our children deserve.
Most of our kids in urban schools are ready to learn and ready to study.
But how can we expect them to learn the skills they need for the future if 26
percent of our urban teachers who teach math have never studied math? If 40
percent who teach chemistry have never studied chemistry? And 71 percent who
teach physics haven't studied physics?
How can we expect them to get the attention they need if there are 35 other
students shoehorned into the classroom? How can we build the experienced,
highly-trained teaching corps we need for our future when nearly half the
teachers in poor, minority schools leave after only three years?
PAGE
3
U.S. Newswire, April 26, 1999
How can we expect them to learn the Internet if in some urban schools, you
blow the circuits if you even plug in a computer? African-American children are
40 percent less likely to use a computer at home. We didn't tear down the
cotton curtain in this country to replace it with a digital divide.
I will fight to bring more accountability in our school system. That's why
I'm working right now to pass the President's plan to turn around failing
schools, and narrow the disparities in our education system. To end the social
promotion that is only failing our children. To raise up standards -- and give
students and teachers more of the tools to meet them. To rebuild crumbling
schools, and hire 100,000 new teachers to reduce class sizes in the early
grades. To bring more discipline and character education to the classroom.
At the beginning of the 21st Century, I'll tell you what else I want to do:
I want to reduce class sizes not just in the early grades, but in all
grades. I want to make pre-school available to every child, in every community
in America. I want to cut in half the achievement gap between rich and poor,
and between racial and ethnic groups.
And at a time when our nation is becoming more diverse, I am deeply committed
to the goal of integration. Today, more than one-third of all black and
Hispanic students attend schools with greater than 90 percent minority
enrollment. A minority student is 16 times more likely than a white student to
be in a high-poverty school. I say we should use voluntary tools such as
charter schools, magnet schools, and public school choice to seek more
diversity, not less, in our schools. Schools are our best hope to break the
chains of racial isolation in our nation.
Some people say "be patient.' But it's too late to be patient. Our children
will not be young forever, and their future won't wait. We need to fix our
schools today. Stand with me, and we will.
We need a strong economy. We need revolutionary change in our schools. But
our children can't reach for their dreams if they're ducking for cover. The
tragedy at Columbine High School in Colorado shows just how much more work we
must do -- to make our communities safe, to banish violence and hate, and to
replace a culture of violence with a culture of values.
And this is the fourth thing I want you to help me do. Help me build a safer
society and safer schools for all our children.
I just came from Littleton, Colorado, where I met with the families of the
children who were brutally slain last week at Columbine High School. Included
among the dead was a 17 year-old boy named Isaiah, who was killed simply because
he was black.
Julian Bond likes to say that when he was a child, bad boys fought with
knives, not automatic weapons. And crack was something that, if you stepped on
it, would break your mothers' back.
For parents, last Tuesday's tragedy yielded more questions than answers: how
do two teenage boys get their hands on TEC-9 assault weapons, sawed off
shotguns, and pipe bombs?
PAGE
4
U.S. Newswire, April 26, 1999
I want to work with you to change a popular culture that glorifies violence
and mayhem. We must cut off our young people's easy access to guns and deadly
weapons. We must invest in the programs that prevent our children from turning
to a life of crime and drugs in the first place.
I call on Congress to pass a new initiative to help schools hire and train
2,000 new community police officers - - to work closely with teachers and
students to prevent violence. Let's pass it into law.
And I believe we need more drug counselors and violence prevention
coordinators in our middle schools. I have seen the work that is being done
through peer mediation and violence prevention programs -- and it is cooling
tempers and saving lives. I call on Congress to work with us and hire another
1,300 drug counselors and violence prevention coordinators across the country.
And I'll tell you what my wife Tipper would say if she were here. She would
say: "Al, don't forget to tell them this: when a first-grade teacher sees a new
class of students the first week of the year, they can tell you at the end of
that first week that one, two, or three of those kids are troubled already, even
at that age. And we need to have more resources devoted to community mental
health centers and mental health treatment and mental health counseling for
families that need it.
These are some of the things we must do at the national level. But we all
know: responsibility begins in the home.
Parents, we've got to talk to our children. We've got to know what's going
on in our children's lives. If a child is making pipe bombs in the garage,
we've got to know about it. We've got to teach them right from wrong. And we
must teach them that embracing the right values can transcend a moment's cheap
sensation. Or a sudden impulse of hatred and revenge. Or the easy surge of
power learned from a violent culture with too few anchors, too little family
stability, and a dearth of spiritual nurturing.
It's not just the responsibility we have to our children -- it's the
responsibility we have to each other. take your child to school. Meet your
child's teachers. Trade phone numbers with other parents and teachers. Turn
off the television at night. Help them with their homework. Pick up their
report cards. Play a role in their lives.
Ladies and gentlemen, stand with me, and help me do these four things. For
if we can build a nation of opportunity through jobs and education, and a nation
of safety and justice through and strong values, then we can reach for our
highest aspirations. Then we can build that more perfect union our founders
envisioned.
I believe that God's hand has touched the United States of America -- not by
accident, but on purpose. He has given us not just a chance, but a mission, to
prove to men and women throughout this world that people of different racial and
ethnic backgrounds, of all faiths and creeds, can not only work and live
together, but can enrich and ennoble both themselves and our common purpose.
We don't need more division in America. We don't need more scapegoats.
What we need is more love and understanding and cooperation. We need to work
PAGE
5
U.S. Newswire, April 26, 1999
together on solutions, to give our children and our families the future they
deserve.
Jesus said in the Gospel of Matthew: "Thou shalt love the Lord thy God with
all thy heart, and with all thy soul, and with all thy mind. This is the first
and greatest commandment. And the second is like unto it, thou shalt love thy
neighbor as thyself. On these two commandments hang all the laws and the
prophets."
So let us not be weary in well-doing as we address the unfinished agenda of
NAACP. Let us make his dream our agenda for action. And always remember, in
the words of the hymn:
"In Christ there is no east or West, In him, no South or North, but one great
fellowship of love throughout the whole wide earth.
"Join hands, disciples of the faith, whate'er your race may be, who serves my
father as a child is surely kin to me."
LANGUAGE: ENGLISH
LOAD-DATE: April 26, 1999
a /14/99 12:38
N.A.P.O. The White House/Cerda, Jose - ling
002
NATIONAL
NATIONAL ASSOCIATION OF POLICE ORGANIZATIONS, INC.
Representing America's Finest
POLLE
ORGANIZATIONS
750 First Street, N.E., Suite 920
Washington, D.C. 20002-4241
(202) 842-4420
(800) 322-NAPO
(202) 842-4396 FAX
E-mail: [email protected]
President
Executive Director
THOMAS J. SCOTTO
ROBERT T. SCULLY
FOR IMMEDIATE RELEASE
CONTACT: (202) 842-3560
President, Detectives'
General Counsel
Endowment Association
April 14, 1999
JODY HEDEMAN COUSER
STEPHEN R. McSPADDEN
of New York City
Legislative Consultants
New York, NY
JULES BERNSTEIN
LINDA LIPSETT
Executive Vico President
B.D. "BUD" STONE
NATIONAL POLICE GROUP
President, Berkeley POA
Berkeley. CA
ALARMED WITH BILL THAT
Recording Secretary
MIKE DERBYSHIRE
WOULD REQUIRE THE
President, Central
Coast Chapter, PORAC
Salinas, CA
COLLECTION OF DATA
Treasurer
DURING TRAFFIC STOPS
WILLIAM BIRDSEYE
Treasurer, Police Officers
Association of Michigan
Livonia, MI
Sergeant-at-Arms
MARTIN McKEAN
WASHINGTON, DC - The National Association of Police
Exocutive Secretary.
Ohio PBA
Organizations (NAPO) announced today its alarm over the "Traffic Stops
Berea, OH
Statistics Study Act of 1999,' introduced by Representative John
Executive Secretary
SANDRA J. GRACE
Secretary, New Bedford
Conyers, Jr. (D-MI), and other members of Congress. Representative
Police Union
New Bedford, MA
Conyers introduced a similar bill in the last Congress, which NAPO
lobbied actively against, and thanks in part to NAPO's efforts, the bill
died in the Senate. NAPO represents more than 220,000 sworn law
enforcement officers through 4,000 police unions and associations
nationwide.
The bill would require the Attorney General to conduct a study of
stops for routine traffic violations by law enforcement officers. It would
require officers to record the following types of information: the number
of individuals stopped for routine traffic violations; and identifying
characteristics of each individual stopped, including race and/or ethnicity,
approximate age, and gender, among other requirements.
"What I think needs to be made clear to the American public is
that there is no need for new legislation on this issue. The Attorney
General of this country already has the authority to collect this data in any
area of the country where she sees a problem of alleged racial profiling by
1
®
16
04/14/99 12:38
N.A.P.O.->The White House/Cerda,Jo:
003
police officers during traffic stops," said Robert T. Scully, executive director, NAPO. "Representative
Conyers is reintroducing a bill that died in the Senate during the last Congress. The new version is
essentially the same as last year's with one major exception. Last year's legislation limited the use of
the data obtained from the study only for research or statistical purposes. The data, in last year's bill,
could not have been used selectively in any legal or administrative proceeding to establish inferences of
racial discrimination In other words, the data could not be used to go after certain police departments
or individual police officers in an unreasonable or unfair way. The newly proposed bill, however,
would make the data readily available to the cottage industry of lawyers who make their living suing
police officers across the country," continued Scully.
"Has Representative Conyers forgotten the need to have probable cause for a traffic stop? If an
individual, whether that person be African-American, Caucasian, Latino, or any other race or ethnic
group, has been pulled over by an officer with probable cause to make that traffic stop, and it turns out
that that individual has done nothing wrong, then what is the problem? As a society, sometimes law-
abiding citizens will be inconvenienced when police aggressively enforce the laws and investigate
crimes," said Scully. "Just being stopped by the police when they have good reason to do so should not
cause those stopped to believe that their rights were violated. Isn't one's safety on the street more
important than the occasional, if not rare, occurrence of the aggravation or inconvenience one might
face when being questioned by an officer," continued Scully. "As the nation's violent crime rate
continues to drop, is it an acceptable time to change police practices that have contributed to this drop
in crime?" continued Scully.
"NAPO is strongly opposed to any instances of blatant racial discrimination, such as pulling
over an automobile, searching personal property or detaining an individual, when based solely on the
individual's race, ethnicity, gender or age and not on any reasonable suspicion of danger or violations
of law. As the former Police Commissioner of New York City, William J. Bratton, was quoted in a
recent New York Times article, officers develop what can be called 'street smarts' or 'awareness,'
sometimes also called the sixth sense. Having a sixth sense is often a sign of a seasoned or skilled law
enforcement officer - one that you would surely want protecting your neighborhood," said Scully.
2
04/14/99 12:39
N.A.P.O.->The White House/Cerda, Jose
004
"NAPO acknowledges that the police profiling debate is a challenge faced by both America's
law enforcement officers, as well as by the public. The solution to this challenge is not found in the
legislation introduced by Representative Conyers," said Scully.
The bill is based on two presumptions. First, that law enforcement officers routinely stop racial
and ethnic minorities of color for traffic violations purposely to discriminate against such individuals,
and secondly, that the number of citations issued are disproportionate as compared to numbers of
citations for individuals whose color is white. This is not the case. Often police officers do not know
the race or ethnic background of an individual when they see a traffic offense, especially at night but
often even during daylight. Officers are trained to immediately pursue a vehicle for a traffic infraction
irrespectable of the driver's appearance.
If passed into law, the bill would place a burden on the police and lengthen traffic stops. For
example, to obtain the information required by the bill, the police officer would have to ask about race
or ethnicity and age. Also, for each stop the officer would also have to develop a record as to whether a
search was instituted, how it was conducted, the rationale for the search, and the nature of any
contraband, all in addition to asking about other items. The information on personal characteristics
would likely be considered highly offensive by many individuals. If an officer is uncertain of
someone's ethnic background (there are many dark-skinned individuals who may look African
American but may be Latino or vice versa; or who may look Latino but may be of Arabic origin or
perhaps of another ethnic group such as Sudanese, Ethiopian, Pakistani, or Iranian), the officer would
often have to ask for this information and can be expected to meet resistance and hostility to such
questions. Also, the time necessary to fill out these forms would take away from law enforcement
efforts.
One of the most vulnerable moments for a law enforcement officer, is when he or she pulls
over a car for a traffic violation. The statistics on the numbers of officers killed feloniously or
assaulted in the line of duty during traffic stops confirm this danger. Since the advent of the
automobile, approximately 300 law enforcement officers are known to have died during traffic stops,
and approximately 80% of those were shot to death. The proposed study would make a dangerous
situation worse and escalate bad tempers, by bringing race into the discussion. An officer's life may
be put further at risk, as well as the passenger's if the officer has to act in self-defense.
It is also unclear what the study would prove. If the study focuses on inner city police
departments, it would indicate a greater number of minorities stopped as compared with suburban
police departments, reflecting the population makeup of those communities. As proposed, this study
would have a weak statistical basis. It is inconceivable that the data will be accurate unless an officer
3
8.1/14/99 12:39
N.A.P.O.->The White House/Cerda,Jo
005
does verify racial and ethnic background and the violator responds cooperatively. If some of the
individuals stopped for a traffic offense do not want to cooperate and provide this personal information
- which can be expected, the data will be skewered and inaccurate.
"This bill threatens to produce a practice of reverse discrimination Law enforcement officers
across the country will find themselves even more threatened by lawsuits and that threat may surface
in a practice of reverse discrimination. It could even potentially lead to an unofficial parity based on
race, ethnicity, age or gender. Does the American public really want to see a lower standard of
probable cause being applied to Caucasians and a higher standard being applied to African-Americans
or Latinos? This will result in lawlessness. This will send the wrong message to criminals across the
country," said Scully.
"I urge everyone, law enforcement and members of the general public alike, to come together
in discussions on how to handle this debate. Let's search for solutions rather than create problems. To
those persons running to the microphone to criticize the police, I urge you to unite and work with us,
rather than igniting more hostility by adding fuel to the fire," said Scully.
The National Association of Police Organizations (NAPO) is a coalition of police unions and associations
from across the United States that serves in Washington, DC to advance the interests of America's law
enforcement officers through legislative and legal advocacy, political action and education. Founded in 1978,
NAPO now represents more than 4,000 police unions and associations, over 220,000 sworn law enforcement
officers, 3,000 retired officers and more than 100,000 citizens who share a common dedication to fair and
effective crime control and law enforcement.
###
4
Race - Racial profiling
- Therisms
-E0??
Racial proliling Mts
1. INS entracement
EH: ethnicity can't Le taken UUT
can't be only thing
to say wine not saring he to Thi, is to make mochery 4 This
from STart.
more Imp The clore you HT to The Sader
VT: Getting The daha makes a huge difference
44 haves for every person you encounter
MAR. 12.1999 11:59AM
202 395 1020
Crime-vacial profiling
NO.685
P.1/2
FAX TRANSMISSION
PRESIDENT'S INITIATIVE ON RACE
NEW EXECUTIVE OFFICE BUILDING
WASHINGTON, D.C. 20503
(202) 395-1015
FAX: (202) 395-1020
To:
Elena Kagan
Date:
March 12, 1999
Fax #:
456-2878
Pages:
2, including this cover sheet.
From:
Christopher Edley
Subject: Racial Profiling and the President's Book on Race
COMMENTS:
John- -
This simply cannot be
allowed to happen. We
hur policy processes for a
nearon. This one is running
extremely well. We would
Like to talk with you about
this.
Bruce. + Elena
NO.685
P.2/2
MAR.
12.
1999
11:59AM
202 395 1020
HARVARD LAW SCHOOL
CAMBRIDGE MA 02138
March 12, 1999
MEMORANDUM
To:
Eric Holder
Jim Johnson
cc:
Maria Echaveste, Chuck Ruff, Elena Kagan, Ben Johnson
Re:
Racial Profiling and the President's Book on Race
1.
Sorry that my teaching schedule precluded attending Elena's meeting on 3/11, It was
reported to me that both of you now oppose the President saying in his book that he wants
the Attorney General, in consultation with enforcement agencies and others, to prepare an
executive order establishing federal policy. Instead, you both favor a directive on data
collection, covering federal agencies,
2.
I am rather puzzled by this conclusion, because I had inferred from the earlier discussion
that both Justice and Treasury favored something rather bolder from the President. (The
caution of the White House staff was unsurprising; cf. the lagged responses on other race
issues.) I see nothing wrong with data collection, but it strikes me as too little too late
after months of agency debate on this issue, the public uproar, our certainty that the
President is deeply troubled by the practice, and his desire to lead on race. Admittedly an
executive order is largely about symbolism, but leadership so often is.
3.
Before pressing ahead to put the executive order idea in front of him in the book draft, I'd
like an opportunity to understand your substantive and political reasoning. By copy of
this memorandum I'm asking Maria Echaveste to have a conference call for the four of us
to talk this through a bit. It should only take 15 minutes.
4.
Ultimately, what I foresee on this and several other issues is that my book team will draft
what in my best judgment the President would probably want to say, and leave it to the
Deputy Chief of Staff to add a memorandum conveying the objections and reservations of
key White House and agency folks. I hope the memorandum is shorter than the book.
5.
I don't have perfect pitch, nor do I (generally) believe in miracles. So I'm perfectly
prepared not only to move forward with a minority view, but to have the President decide
against me. What I don't want to do, however, is let a staff process deprive the President
of an opportunity to consider bold options.
I hope Maria's office will schedule something in the very near future.
DWB*
YOU MAY HAVE NOTICED THAT MANY OF THE MOTOR-
ISTS PULLED OVER ON THE SIDE OF THE HIGHWAY ARE
BLACK OR HISPANIC. YOU MAY HAVE ATTRIBUTED THIS
TO SOME KIND OF UNSPOKEN LAW-ENFORCEMENT
RACISM. YOU MAY BE SURPRISED TO LEARN THAT
IT'S THE RESULT OF A FEDERAL PROGRAM. CALLED
OPERATION PIPELINE. YOUR TAX DOLLARS AT WORK.
Bv Gary Webb
The television monitor flickers on and we see a
YOU MEAN YOU PULLED OVER
smeary black-and-white shot of a gangly man in a
checkered shirt. He is standing by a car, alongside
SOMEONE BECAUSE HE
some highway in the boondocks, trailer trucks roar-
LOOKED LIKE A DRUG DEALER?
ing by. On the tape, it is the dead of winter, overcast
THE JUDGES GASPED. WHAT
and blustery, and the man keeps brushing long
strands of hair from his eyes as he nervously an-
WAS YOUR PROBABLE CAUSE?
swers questions from the two Arkansas state troop-
ers towering over him. He is nobody, some jobless
hillbilly plucked from the traffic stream by two cops who have
the speed limit, straight down the middle of the lane. There's
been specially trained-like us-to spot suspicious characters.
nothing he can do to me. But he turns on his lights and pulls me
The troopers give the man the once-over and tell him they
over. He walks up and tells me I was weaving, which is a total lie,
want to search his car. He reluctantly agrees and is shoved into
because I was driving that car like it was on rails."
the backseat of their unoccupied prowl car, behind the dash-
The trooper then told Rodriguez he wanted to search the Maz-
mounted video camera, and from then on, we watch through his
da, and Rodriguez scoffed. To hell with that, he thought. I didn't
eyes as the Pipeline team searches his car.
go to law school for nothing. No way, he told the officer, am I
When the trunk lid pops open, the man begins to whimper.
consenting to a search. I know my constitutional rights. Art and
When one of the troopers reaches in and tosses a black plastic
I are criminal lawyers. The Fourth Amendment protects us from
garbage bag onto the hood of the patrol car, he lets loose with a
this kind of nonsense. If you want to search the car, get a warrant.
piercing off-camera shriek.
Otherwise, just give me a ticket and let me go.
"Help me! Help me, God! Help me, God! Please, God, save
The trooper was unmoved. He looked at the two attorneys
me! Oh, God! Oh, my God!"
calmly and ordered them out of the vehicle. I'm in fear for my life,
He keeps it up, alternating between wails and moans, for
he informed them in a monotone. The passenger made suspicious
what seems like an eternity, gibbering at the visions he is conjur-
motions, which gives me the right to search your car-for my
ing of his near future. Just when he seems finished, when it seems
own safety. Rodriguez's license and registration were taken back
certain his lungs can take no more, he starts up again, screaming
to the cruiser, where a drug dog sniffed at them indifferently. Not
even louder than before. "Oh, God, save me! Oh, sweet God,
surprisingly, the search turned up nothing.
please! Please save me!"
Rodriguez was dumbfounded. "The whole thing was about as
"Now, look, look," our instructor says excitedly, pointing at
illegal as you can get. He had no cause to pull me over. He had no
the screen. "The troopers are finally gonna hear him!"
reason to search my car. He knows I'm a lawyer, and he goes
As a gut-wrenching howl erupts from inside the patrol car, one
ahead and does it anyway! So the thing I'm wondering is, what
of the cops looks up slowly from the Screamer's trunk and gives
happens to the people who aren't lawyers?"
the camera a puzzled glance. Comedy.
What sometimes happens is this: They get frisked, and sniffed
The classroom explodes with laughter.
by dogs, their luggage gets dumped out and pawed, on occasion
their cars are towed away and dismantled back at the police sta-
CURTIS V. RODRIGUEZ IS A SAN JOSE LAWYER. HE LOOKS FAR YOUNGER THAN HIS
tion. Other times, their vehicles are taken apart on the spot. If
forty years, has a couple kids, owns a house, drives a nice car.
they're lucky, they are simply left standing alongside the road,
He's a prime example of an emerging army in California: educat-
frightened and mystified, holding an expensive traffic ticket they
ed urban professionals who happen not to have white skin.
didn't deserve and wondering why, out of all the cars on the high-
Last June, he and a friend, fellow attorney Arturo Hernandez,
way, the police came after them.
drove Rodriguez's Mazda Millenia to Merced on a mundane legal
In most cases, it can be summed up in two words: Operation
task: taking pictures of a client's house. On their way through the
Pipeline. Like tens of thousands of other innocent motorists, Curtis
windy Pacheco Pass, in the mountain range separating the Pacific
Rodriguez had been sucked up and spit out by one of the federal
coast from the dusty farms of the San Joaquin Valley, they saw
government's more secretive antidrug campaigns, a giant vacuum
some cars that had been pulled over and were being searched by
cleaner of a program financed by the U.S. Drug Enforcement Ad-
California Highway Patrol officers. In every instance, it seemed,
ministration and run by hundreds of state and local police agencies
the car's driver was a dark-skinned male.
across the country. Over the past thirteen years, Operation Pipeline
On the way back, hours later, they saw more. One after anoth-
has been waging an expanding and largely invisible war on the na-
er, every couple of miles.
tion's highways against "mules," people who haul cash and drugs
"After seeing the third car in a row-same deal, driver is a dark-
for dope dealers. In its time, Pipeline has scored some impressive
skinned Latino and the cops have them standing off on the side of
victories. But as with any war, it has left considerable collateral
the road-Art and I looked at each other and said, 'Do you believe
damage in its wake: legions of law-abiding motorists who have
this?' Rodriguez says. "It was obvious whom they were stopping.
been ticketed, interrogated, and searched simply because they
It's not like there are that many dark-skinned Latinos on the road,
looked or acted funny-or happened not to be white.
but that's all they had. Art got the camera out and started taking
"It isn't just blacks and Hispanics, though they do seem to be
pictures of the stops, because we figured no one would believe us."
the majority," says Utah attorney W. Andrew McCullough. "In my
Hernandez began snapping away, getting photos of a fourth
experience, any motorist who looks different is a candidate for get-
car whose dusky occupants were being questioned by the road-
ting pulled over by these folks."
side. As the Millenia whizzed by the fifth such vehicle, a highway
Complaints of racially motivated traffic enforcement are
patrolman looked up and saw Hernandez with the Olympus.
nothing new, of course. But in the last couple of years, these com-
Soon, the Mazda's rearview mirror was filled with the chrome
plaints have become louder and more persistent. Some legal ex-
grille of the trooper's hard-charging Crown Victoria.
perts, such as constitutional-law professor David A. Harris of the
"I'm driving like a saint," Rodriguez recalls. "I'm going under
University of Toledo, believe we are in the midst of a "national
120 ESQUIRE APRIL 1999
epidemic of race-based traffic enforcement."
tions about Pipeline, wondering why the program keeps spawn-
That perception has been strengthened by recent civil-rights
ing complaints from black and Hispanic motorists and lawsuits
suits filed in Maryland and New Jersey and statistical studies
accusing the police of racism and selective enforcement.
done in North Carolina and Florida proving that on some high-
Frankly, it's not much of a mystery. The answer can be found in
ways, the traffic laws have been enforced far more stringently
the muddy median strip of I-95, a four-lane concrete corridor that
S:
against dark-skinned drivers. Because of these documented cases
cuts through the desolate coastal swamps of Florida. It's where Op-
e
of roadside racism, Democratic congressman John Conyers of
eration Pipeline arose and where it grew to become what it is today.
Michigan was able to persuade the Republicans in the House last
year to pass a bill requiring traffic police to record the race of the
LIKE THE PHRENOLOGISTS OF THE NINETEENTH CENTURY, WHO BELIEVED THAT A
p
drivers they stop so that the phenomenon could be studied na-
person's personality could be divined from the shape of his skull,
d-
tionwide, but the measure died in the Senate. Last September, the
Robert L. Vogel Jr. believes he can spot drug traffickers from the
California legislature overwhelmingly passed a similar bill-
general cut of their jib.
in
sponsored by Senator Kevin Murray of Los Angeles, who himself
"Bob has a God-given sixth sense," Vogel's dark-haired wife,
had been subjected to a questionable search-only to see it vetoed
Jeannie, says earnestly. "A lot of people are jealous of that or
by Governor Pete Wilson.
can't understand it."
For the most part, police characterize these cases as isolated
Vogel discovered his unusual talent in the mid-1980s, while
lapses in judgment by rogue officers or insensitive police com-
working as a Florida state trooper, cruising I-95 outside Daytona
to
manders who've sent out the "wrong signal" to the troops. But
Beach and Port Orange, looking for traffic miscreants. Certain
he
what no one has seemed to notice so far is the thread that connects
drivers, he noticed, just gave him a bad feeling inside. When he
so
many of these seemingly unrelated cases: this unheralded federal
searched their cars, he would frequently find drugs or weapons.
at
program called Operation Pipeline.
A compact, soft-spoken Vietnam vet who bears a faint resem-
an
I ended up inside Pipeline last summer as an investigator for
blance to Richard Gere, Bob Vogel is a deliberate, methodical
ca
the California Legislature after hearing stories from law-enforce-
man, serious about his job, so he began compiling his observa-
go
ment sources about special CHP units that were pulling Latino
tions about the drivers who set off the alarm bells in his head. He
motorists off the interstates on a whim and rousting them in an
discovered common traits among them and gathered these to-
rir
effort to find guns, cash, and drugs. What was happening on Cal-
gether into a list of "indicators," which he began mentally check-
to
ifornia's highways, I discovered, was happening across the coun-
ing off whenever he pulled someone over.
alc
try-methodically and with increasing frequency.
He broke down the indicators into two types: physical and be-
Operation Pipeline has helped give rise to a new catchphrase
havioral. The physical indicators were the ones he could see as he
in the minority community: DWB, Driving While Black, or Driv-
scanned the interior of his quarry's car. Such things as car phones
THE
ing While Brown. Yet few outside of law-enforcement circles
and pagers, radar detectors and radio scanners, were obvious. But
have even heard of Operation Pipeline.
there were many others. Cops regard the indicators as something
HE
The DEA, Operation Pipeline's federal sponsor, doesn't talk
akin to a magician's secrets. Our Pipeline instructor warned
DO
about it much, which is odd, since the agency considers Pipeline to
against disclosing them in court lest "the bad guys" find out. But
REF
be "one of the nation's most effective drug-interdiction programs."
in truth, records of them can be found in a good public library.
DEI
But with 301 police commands in forty-eight states now partic-
Among the most common:
ipating in Pipeline in some fashion-from the tiny Picayune Police
Air fresheners, especially the ones that look like leaves or little
Department in Mississippi to the New York State Police-the pro-
pine trees. Pipeline cops call them "the felony forest." They can be
gram is in danger of becoming a victim of its own excess. The prob-
used to mask the odor of drugs. Having fabric softener, coffee
"D.
lems have become so obvious to the CHP that the agency recently
grounds, or laundry detergent lying around is also a sign something
kin.
embarked on a major overhaul of its Pipeline program.
could be amiss.
Two months before Curtis Rodriguez had his car tossed, a re-
Fast-food wrappers on the floor. Evidence of "hard travel";
porter had asked a veteran California Highway Patrol sergeant
suggests a desire not to leave the drug load, even to get a sit-down
veh
to explain the operating principle behind this campaign to re-
meal. Pillows and blankets in the car fall under this rubric as well.
move contraband from highway travelers. The answer: volume,
Maps with cities circled on them. A circled "drug source" or
said
volume, volume.
"drug destination"-which covers just about all major cities-is
they
"It's sheer numbers," he said. "Our guys make a lot of stops.
more evidence of a motorist's true nature.
You've got to kiss a lot of frogs before you find a prince." Califor-
Tools on the floor, for easy access to those hidden compart-
have
nia Highway Patrol canine units kissed nearly thirty-four thou-
ments full of drugs and money. Tinted windows, new tires on an
sand frogs in 1997. Only 2 percent of them were carrying drugs.
older car, or high mileage on a new car are also worrisome signs.
were
In other states, up to 95 percent of all Pipeline searches have been
A single key in the ignition. Most people, presumably, have
Vog
found to be dry holes.
lots of keys on their key chains. Solitary keys suggest someone
learn
An Ohio trooper testified in a drug-seizure case a few years
just handed the driver a key.
with
ago that he'd personally conducted 786 searches in a single year,
Not enough luggage for a long trip or too much luggage for a
"
sometimes for no other reason than to keep in practice. The state
short one. Rental cars are extremely suspicious, as is an auto-reg-
at V
judge, James Brogan, was outraged.
istration certificate in someone else's name.
stitu:
"If we multiply this among all agencies and officers who are
Vogel acknowledges that each of these indicators can be found
some
currently using routine traffic stops to search the vehicles of cit-
in the cars of innocent citizens and, by itself, is no indication of
judg
izens they suspect of no crime, the number of individual citizens
criminal activity. But when they are found in combination, he in-
being asked to relinquish their privacy rights
is staggering,"
sists, it means you've got a potential drug mule on your hands.
corre
Brogan wrote.
Spotting them is nothing more than good, basic police work, he
not Si
Within the past year, according to one DEA official, Attorney
says, and, as shown by the thousands of drug seizures Pipeline
in a
General Janet Reno and her top aides have begun asking ques-
units make every year, obviously he is right.
woul
122 ESQUIRE APRIL 1999
But it's when you get to the next step-the behavioral indica-
searched, which "would run counter to our Constitution's
tors-that things get a bit trickier, that Vogel's sixth sense comes in-
promise against unreasonable searches and seizures."
to play. It's also when good, basic police work can sometimes mu-
Undeterred by the stinging judicial rebuke and the queasiness
tate into racism and stereotyping. In a deposition in 1997, Utah
of some of his bosses, Vogel plowed ahead. "No one else was do-
state trooper Paul Mangelson, one of the nation's best-known Op-
ing this but me, and there were some people who were nervous
eration Pipeline instructors and a frequent consultant to other po-
about it, but there always has to be someone to test the waters,"
lice agencies, offered an insight into how the behavioral indicators
Vogel says quietly. "I've never been a quitter."
work: "The secret of criminal interdiction is being able to read peo-
He looked over the legal opinions and slightly changed his ap-
ple. And there are things about people and things they do that are a
proach. Instead of pulling over a driver merely for looking suspi-
definite tip-off," Mangelson explained. "I don't necessarily teach
cious, he would find other reasons to stop the shifty-looking ones.
this, but on a freeway, prior to stopping somebody, I like to pull up
He found them by the hundreds in the thick volumes of the Flori-
in the inside lane, traffic permitting, and observe the individual."
da vehicle code: rarely enforced laws against driving with
"Now, when you pull up alongside of somebody and take a
burned-out license-plate lights, out-of-kilter headlights, obscured
look at them," Mangelson was asked, "would this be any joe mo-
tags, and windshield cracks. State codes bulge with such niggling
torist or somebody that has already attracted your attention?"
prohibitions, some dating from the days of the horseless carriage.
"Somebody that I've already decided I'm going to stop. I want
"The vehicle code gives me fifteen hundred reasons to pull you
to see his reaction as I pull up alongside of him. For example, will
over," one CHP officer told me.
he make eye contact with me? And I maintain that if a guy is doing
For Vogel, it was the perfect solution to his problem. Since it's
something illegal, ninety-nine times out of a hundred he won't look
nearly impossible for drivers to go ten feet without violating some
at you. Number two, he knows good and well that you are there,
obscure ordinance, Vogel would simply tag along and wait for it
and he is going to have a death grip on that steering wheel, and you
to happen. Then he would pounce. Nobody could complain
can probably see that his knuckles are turning white. That's a very
about that; he was duly enforcing the traffic laws of the State of
good indicator that guy is dirty. Something is illegal in that car."
Florida. And with that one refinement, Operation Pipeline was
Other indicators, he said, are adornments like "earrings, nose
up and running.
rings, eyelid rings. Those are things that are common denomina-
After Vogel pulled a car over, he would search it, and, sure
tors with people who are involved with crimes. Tattoos would go
enough, sometimes he would find drugs. Once in a while, he
along with that," particularly tattoos of "marijuana leaves."
would find a lot of drugs. Newspaper reporters started writing
Bumper stickers also give him a feel for the soul of the driver.
stories about him, marveling at the way he was able to turn a rou-
tine traffic stop into a major drug bust.
HE POLICE OFFICER ASKS THE MAN
Within a year of being publicly flayed by the
EHAS JUST PULLED OVER HOW HE IS
highest federal appeals court in the Southeast, Bob
OING. NOT VERY GOOD, THE MAN
Vogel was honored four times with law-enforce-
ment awards. 60 Minutes sent down a camera crew
EPLIES. COULD BE WORSE, THE
and produced a flattering profile depicting a dedi-
FFICER SAYS. COULD BE BLACK."
cated, hardworking policeman trying his best to
fight the drug war. Vogel became a local hero. In
1988, he was elected sheriff of Volusia County, and
one of his first official acts was to set up a special
"Deadhead stickers are things that almost-the people in those
antidrug unit in his image: the oddly named Selective Enforce-
kinds of vehicles are almost always associated with drugs."
ment Team, handpicked deputies who had Vogel's training meth-
How about ACLU stickers? "Yeah, I look for them."
ods instilled by the master himself.
"What about, for instance, Hispanics in an out-of-state
Vogel had his admirers in Washington as well. By 1987, the
vehicle?"
DEA had formally adopted his highway drug-interdiction system
"A lot of Hispanics are transporting narcotics," Mangelson
and begun funding a training program to preach Vogel's gospel
said. "That's common knowledge. I don't think it matters whether
around the country. (Though Vogel did not invent the notion of
they're in an out-of-state vehicle or not."
using profiles to spot potential drug couriers, he pioneered their
What if he saw pornography in the car? "I would certainly
adaptation to highway travelers, and my CHP instructors credit-
have a belief that drugs could be in the vehicle."
ed him as Pipeline's creator. Previous police use of drug-courier
Not surprisingly, such unorthodox crime-fighting techniques
profiles had been largely confined to airports.)
were not immediately embraced by the courts. In Florida, Bob
With DEA financing, training courses were set up, and they
Vogel was viewed as something of an oddball at first. Judges, he
began churning out thousands of Pipeline graduates a year, offi-
learned, were simply unwilling to make allowances for a cop
cers who would return home and train thousands more.
with clairvoyance.
It spread like a virus.
When the federal eleventh-circuit court of appeals got a look
at Vogel's police work, the judges denounced it as illegal, uncon-
IF YOU COME INTO CONTACT WITH ONE OF THE ESTIMATED TWENTY-SEVEN THOU-
stitutional, and possibly un-American. You mean you pulled over
sand Operation Pipeline grads currently cruising the highways,
someone because you thought he looked like a drug dealer? the
chances are you'll never know it. The officer who pulls you over
judges gasped. What was your probable cause?
will look the same as any other traffic cop. Same hat. Same badge.
"That trooper Vogel's 'hunch' about the appellants proved
Same car. He will not tell you he is a narcotics officer, and you will
correct is perhaps a tribute to his policeman's intuition, but it is
never suspect it, because, after all, who ever heard of drug agents
not sufficient to justify, ex post facto, a seizure," the judges wrote
passing out tickets for broken taillights?
in a 1986 opinion. To condone Vogel's methods, they wrote,
The mechanics of a Pipeline stop are much like a minuet, ex-
would mean that every car on the road could be pulled over and
cept the trooper is the only one who hears the music or knows
APRIL 1999 ESQUIRE 123
the steps-all of which lead inexorably to a thorough search of
If you're like nine out of ten people who get asked this ques-
your car.
tion, you'll gulp and say, No, no, officer, go right ahead.
"I'm looking for anything that will get me in that car or get
You'll be asked to consent-orally or on paper-to a search, but
him out of the car," Utah trooper Mangelson explained in his
don't think too hard or hesitate to comply, because those are more
1997 deposition.
indicators of drug trafficking, as is refusing to allow the search.
Because of various court rulings and constitutional impedi-
(And here's where things can get dangerous, where the psychopath
ments, things must be done delicately and in the proper order, so
who won't be taken might pull his gun. A 1992 Pipeline stop in
as not to overtly violate your rights.
South Carolina resulted in a shoot-out that killed the officer and
It will begin like any traffic stop. You'll be asked for your li-
wounded his suspect. And this past January, a veteran Pipeline offi-
cense and registration, and while looking over your papers, the
cer in Georgia was murdered during a stop.)
officer will ask you a series of questions about your travel plans.
"If they refuse, the stuff's in the trunk," our CHP instructor tells
He'll be friendly and polite: Where are you heading? How long
us matter-of-factly. A refusal justifies calling out the dogs and letting
will you be there? He'll ask what you do for a living, or something
a drug-sniffing canine take a walk around your car. If Fido gets a
equally innocuous.
whiff of something, the cop doesn't need your permission anymore.
"And when I'm doing this, you know, I'm not sitting there
Most drivers consent. This can authorize a complete search of
grilling you," Mangelson said. "I'm doing it in a way that you
everything, including your luggage and your person. It allows the
probably don't even realize what I'm doing."
officer literally to take your car apart with an air hammer, which
What he's doing is called an interrogation, and your responses
has happened. One of the CHP's first Pipeline officers, Richard
are being watched very closely. Did you have to think before an-
Himbarger, was legendary for carrying an electric screwdriver in
swering? Did you repeat his questions? Are you being too helpful,
his patrol car and removing heater ducts, fenders, trunk lids, and
too cooperative, or too talkative? Those are all bad signs, as bad
interior body panels, right by the side of the road.
as monosyllabic answers. If you have a passenger, the passenger
"Once they've given consent," our CHP instructor tells us,
will be taken off to the side and interrogated separately. The offi-
"they've dug their own grave."
cer will check to see if your stories match.
"Criminals on the road are-how can I put it? I've always used
DEPUTY LOU GARCIA WAS ASSIGNED TO SHERIFF VOGEL'S SELECTIVE ENFORCE-
this theory. If a guy can convince me of his legitimacy of being
ment Team in 1989. A canine-unit officer, Garcia would be sum-
where he is or where he's going, then there's probably not much
moned at all hours to walk his drug dog, Condor, near the cars
criminal activity going on," Mangelson said. "But by the same to-
the SET squad had pulled over on I-95. Lots of times, he'd be out
ken, if he tells me he's going to Salt Lake, and I say, 'What takes you
on the highway at 3:00 A.M., splashing through swamps with
to Salt Lake?' and he goes, 'I'm going to see a friend.' If I say,
Condor, chasing down panic-stricken motorists who'd bolted
'What's your friend's name?' and he doesn't know the friend's name
into the darkness. He didn't mind. Garcia was thrilled to have
or he rattles some name off the wall, [I ask] 'What's his address?'
been chosen to work with Vogel's crew. The sheriff took good
He's now becoming extremely nervous, and he can't tell me the
care of his boys: overtime, fancy Stetson hats, rapid promotions.
friend's address, doesn't know the phone number. 'How are you
By all accounts, Vogel was equally thrilled to have Lou Garcia on
going to visit your friend if you don't know his address or phone
his team, and he commended the officer repeatedly.
number?' By now, he's trembling. The veins are poking out on the
"Thanks to you, our drug- and money-interdiction program is
side of the neck and you can see his heart beating there and his
working," Vogel wrote in one enthusiastic letter.
hands are shaking and his mouth is so dry, he can't even talk to you.
The son of a New Mexico coal miner, Garcia had come to the
You know he's dirty. And he knows I'm on to him."
Volusia County Sheriff's Office after fifteen years in the U.S.
The indicators are tallied up. No indicators, no problem. Un-
Army as a paratrooper, a military policeman, and a drill instruc-
less you've got a gun or a kilo of cocaine lying on the front seat,
tor. He hired on at the sheriff's office in 1985 at $10.50 an hour
you'll be kicked loose. You may not even get a ticket. Many
and was in paradise. "When I finally got to be a deputy, I felt I had
Pipeline officers don't write them or write only enough of them to
achieved my goal in life."
maintain the facade that they are traffic policemen.
But his wife, Angie, began noticing that her husband was in-
If your indicators are on the high side, however, this is what
creasingly moody after his shift. "He'd get home sometimes after
will happen. You'll be given your papers back, and then the offi-
being out on that highway," she says, "and he'd just be shaking
cer will hang around and strike up a conversation. What most
his head, and I'd ask him what was wrong, and he'd say, 'You
drivers don't realize is that at this point, they have magically
won't believe what they're doing out there.'
crossed into a whole new legal universe. At the moment your li-
Garcia says he soon discovered the secret of Vogel's highly
cense and registration are returned, you are technically free to
touted highway interdiction program: The cops concentrated on
leave. In the eyes of the law, the traffic stop is over. Now you and
minority drivers, narrowing the universe of motorists to those
Officer Friendly are just having a "consensual" chat. And your
they thought most likely to have drugs or guns, even though, in
new friend is free to ask you anything.
reality, drugs and guns turn up in searches of their vehicles with
From here, it's almost a script.
the same frequency as in those of white drivers. Garcia says he
You'll be told that the local police have been having a problem
was present at a gathering of deputies on the median of I-95 when
with people ferrying guns and drugs along this part of the high-
Vogel instructed them to focus their attention on black and His-
way, but they're doing their best to stop it. Good, you may say.
panic drivers. Vogel denies that happened, but another deputy,
Glad to hear it. The officer will nod and say he's happy you see it
Frank Josenhans, corroborates Garcia's story.
that way. By the way, you wouldn't happen to have any guns or
Still, it wasn't as if Garcia needed to hear it from the sheriff's
drugs in your car, would you?
mouth. "I knew who they were stopping. I saw the people. It was
Me? you will ask. Oh, no. Of course not.
blacks, mostly, and they were all being pulled over for weaving.
Then the officer will look at you and say, Then you don't mind
The black race was the only race I knew of that wasn't able to stay
if I take a look-see, do you?
in a lane. Black people just couldn't seem to do it."
APRIL 1999 ESQUIRE
125
What Garcia was witnessing in Volusia County was not an
A GRANDMOTHERLY WOMAN IN A SLAB-SIDED PLYMOUTH FURY III ZIPS BY. NOT A
aberration. As more and more police departments signed up for
chance, I think. Next is a man in a suit, driving a gigantic white Lin-
Operation Pipeline, it began happening in other places, too. Some-
coln Navigator, cell phone pressed to his ear. Mr. Business. With my
times the police didn't even bother to hide it. Georgia state troop-
luck, he'd turn out to be a lawyer. Pass. A teenage girl in her mom's
ers told an Atlanta reporter in 1987 that they watched for rented
station wagon. Ditto. Then comes the carload of Mexicans.
cars from south Florida driven by blacks or Latinos.
They look as though they're having one hell of a time, laugh-
Officer Richard Curtis of the Lexington, Kentucky, police de-
ing, arms hanging out the window. Then they spot the CHP cruis-
partment admitted under oath in a drug-interdiction case that race
er I'm sitting in, and the party is over. They look around furtively,
was one of the indicators looked at, as were out-of-state license
sit up straight, won't meet my steely gaze. The driver begins prac-
plates. In another case, Alabama state trooper John Guthrie tes-
ticing the ten-and-two hand position on the steering wheel that he
P
tified that his indicators included "Texas plates" and "Mexicans."
probably hasn't used since driver's ed. Bingo. A whole bunch of
ai
The "cocaine-courier profile" used by the New Mexico State
indicators right there. These guys are mine.
Police along I-40 surfaced in court in the late 1980s. The very first
That is the result of my first drill using the lessons I gained
indicator: "The vehicle occupants are usually resident aliens from
from Pipeline school. I am sitting in the front seat of the head in-
W
Colombia." This profile, it turned out, had been sent to police de-
structor's patrol car, shaded by a giant oak. We are parked per-
pi
partments nationwide by the DEA's El Paso Intelligence Center,
pendicular to a bucolic two-lane highway in the hills beyond Su-
pl
the department that manages the Pipeline program and provides
sanville, California, checking out the sparse midmorning traffic.
b.
its annual funding of roughly $800,000.
It is day two of my Pipeline training class, and I am putting my
dr
Ironically, that's the same amount of money the taxpayers of Ea-
newly acquired observational skills to the test.
M
gle County, Colorado-which encompasses the ski resort of Vail-
No one has instructed me to look for Mexicans; in fact, we
ne
forked over to settle a class-action suit filed on behalf of 402 black
were informed that racial profiling is illegal and frowned upon.
and Hispanic drivers who had been stopped and searched by the
But we were also taught that it is the Colombians and the Mexi-
High Country Drug Task Force, a Pipeline unit funded directly by
cans whose cartels are bringing most of the dope in and that a lot
by
the DEA. The task force "systematically violated the constitution-
of drug mules are hired off the streets of Tijuana for $500 in cash.
mi
ally protected rights of blacks and Hispanics to travel and be free
Not many gringos I've seen fit that description.
from unreasonable seizures," U.S. district judge James Carrigan
Plus, the Mexicans just look shifty to me. What are they doing, I
pr
wrote in a blistering criticism of the program in 1990. The evidence
wonder, driving around, yukking it up at 10:30 in the morning in
dri
that race was used as an indicator, Carrigan ruled, was "undeni-
the middle of the week? I am at work. Why aren't they? And if they
mc
able," and such practice amounted to "a racist assumption."
are unemployed, where'd they get the money for that nice Mercury?
go,
Federal public defender Bryan Lessley obtained internal
na:
Oregon State Police records showing that the number of His-
lea
panics being stopped on the highways near Grants Pass by a
ROBERT WILKINS,
cri:
LAWYER, WASHINGTON, D. C.
Pipeline unit was "grossly out of proportion" to the number of
On his way back from a family
ter
Hispanics on the road. He uncovered state-police training man-
funeral in Chicago on May S, 1992,
sar.
uals that told Pipeline students a "high percentage" of nar-
was pulled over by Maryland State
sal:
cotics traffickers were Hispanic.
Police. He and his family were made
this
In New Jersey, state-police Pipeline units assigned to the south-
to stand in the rain while troopers
used a dog to search their car.
ern end of the New Jersey Turnpike were found by a superior-
goe
court judge to have had "at least a de facto policy
of targeting
not
blacks for investigation and arrest," which resulted in the dis-
Evc
missal of six hundred cases. A former New Jersey state trooper,
in t
Kenneth Wilson, admitted in a sworn statement that he was
So,
trained to target blacks and Hispanics. A statistical analysis by
har:
John Lamberth of Temple University backed up Wilson's claims.
find
Lamberth found that though blacks made up only 13 percent of
a fu
the drivers on the turnpike, they accounted for nearly half the
frisk
stops made by drug-seeking troopers.
The Maryland State Police made perhaps the biggest tacti-
IN 15
cal blunder in the program's history in 1992, when a Pipeline
met)
unit pulled over a black family in a rental car outside Washing-
sear-
ton, D. C., ordered them out into the rain, and then ran a
a car
drug-sniffing dog in and out of their car, over their repeated
traff
objections. The driver turned out to be a Harvard Law gradu-
diffe
ate, Robert Wilkins, a public defender who was on his way
"sin,
home from a family funeral in Chicago. Wilkins slapped the
tonir
Maryland State Police with a civil-rights suit and accepted a
cide
settlement that forced the cops to keep detailed records of their
shou
Pipeline stops for the next three years. The results were more
Si
proof of Pipeline's unique affinity for minorities: Of the 732
cal p
people who were detained and searched during 1995 and
ment
1996, 75 percent were black and 5 percent Hispanic. The
of my
Maryland ACLU has filed another civil-rights suit based on
L:
those figures.
of an
126 ESQUIRE APRIL 1999
And then I realize the problem with Operation Pipeline.
hailed in the media as reinforcing the privacy rights of drivers.
If I were looking for unsafe drivers, as most patrolmen do, it
But since Pipeline officers are trained to legally justify a "reason-
wouldn't make any difference to me what the driver looked like or
able suspicion," or, of course, get the driver's permission, before
how he acted when he drove by or whether I thought he could af-
searching a car, this court decision may actually boost the popu-
ford his car. All I would care about would be how he was driving.
larity of Operation Pipeline.
But that's not my job as a Pipeline officer. My job is to get
That's why it's so ironic that Bob Vogel is no longer on the
drugs and guns off the highway, so I look for people who look like
front lines of this particular war. Though his methods have re-
they might have them. And since I have only a limited time out on
ceived the stamp of unanimous approval from the highest court
the highway each day, I'm not going to waste it pulling over peo-
in the land, he's quit teaching and has mothballed his drug-inter-
ple who look like upstanding citizens-people who look like me
diction program. After a while, he said, it just wasn't worth it.
and my friends, for instance.
In 1992, The Orlando Sentinel began printing stories that es-
I remember what my instructors told me repeatedly. If some-
sentially accused Vogel's SET unit of being racist thugs who were
thing appears "abnormal," investigate. Always ask yourself
stealing money from innocent travelers. The newspaper said it
whether this is something that you would do or say. If not, be sus-
found nearly two hundred cases in which deputies had taken a
picious. And suddenly, the baseline for determining who gets
driver's cash but made no arrests, and 90 percent of those cases
pulled over and searched is a forty-three-year-old white subur-
involved minority drivers.
banite's vision of normalcy. Most of the white people I have seen
And then the tapes came out. It seemed Vogel's boys had been
driving by, I have to admit, look pretty normal to me. But the
videotaping their stops for posterity, and 148 hours of them were
Mexicans don't. Plus, there are all those indicators: their nervous-
turned over to the newspaper. Example: a May 16, 1990, stop of
ness upon seeing a police car, the air freshener dangling from the
a white driver. SET sergeant-Dale Anderson strolls up to the car
mirror, their goddamn refusal to look at me.
and asks the man how he's doing.
It's no wonder, I realize, that 90 percent of the people arrested
"Not very good, the driver replies.
by the CHP's Pipeline units during the last two years have been
"Could be worse," Anderson reminds him. "Could be black."
minorities. They never stood a chance.
The civil-rights suits flew fast and furious after that. The U.S.
If I were empowered to do so, I could pull them over on some
Justice Department announced an investigation, and FBI agents
pretext to satisfy my curiosity. Maybe I would find something-
started snooping around. A federal grand jury was empaneled.
drug-tainted money, a loaded gun, a kilo or two of cocaine or
The Sentinel won a Pulitzer prize for its exposé, a fact that grates
methamphetamine. Or maybe just a peaceable carload of people
on Vogel to this day. "Anybody who saw those stories would have
going from here to there, not owing me or anyone else an expla-
thought I was some racist, tobacco-chewing, Billy Bob, redneck
nation. But if I do this long enough and use the indicators I've
southern sheriff," he complains. He leans forward slightly and asks
learned to pull over a volume of people, I will invariably find
me, mistakenly, if I was aware that the editor who oversaw the
criminals. That was a big bag of dope in the Screamer's trunk, af-
Sentinel's coverage was an African-American.
ter all. But does that justify scaring the bejesus out of the thou-
"I'll bet they didn't tell you that part," he says.
sands of other motorists-the honest ones whose taxes pay my
Eventually, the hubbub subsided. The discrimination suits
salary and pave these roads-whom I will misjudge? Will they
were dismissed after federal judges declared that they had not
think being interrogated and searched was a fair trade?
seen convincing evidence of racial injustice. And the Justice
And what of the enormous waste of police manpower that
Department, while muttering darkly about Vogel's methods, de-
goes into stopping and searching thousands of cars in which
clined to prosecute him on civil-rights charges, reportedly be-
nothing more incriminating than old gum wrappers is found?
cause it didn't think a jury would convict him.
Even the cops admit that highway seizures don't make a dent
Critics called the investigation a whitewash, but there was
n the quarter-trillion-dollar-a-year American narcotics industry.
more involved than that. History, for one thing. For more than a
So, in the end, one is left to wonder: What is the point of all this
decade, Bob Vogel's controversial system has been officially en-
arassment, this inefficiency, this futility? Is it really a way of
dorsed, financed, and espoused by the DEA-an arm of the Jus-
inding contraband? Or is it, perhaps, a way of acclimating us to
tice Department. Having Operation Pipeline's creator brought up
I future in which we will be routinely shadowed, stopped, and
on federal civil-rights charges would have put the Justice Depart-
risked by the police-a nation of suspects?
ment and every other police agency involved in a rather awkward
spot, especially when so many civil-rights suits were pending.
N 1996, THE U.S. SUPREME COURT UNANIMOUSLY ENDORSED BOB VOGEL'S
Vogel sees this as total vindication. "I've been investigated by
nethod of stopping people for minor traffic violations in order to
just about everyone-the FBI, the Justice Department, the NAACP,
earch their cars for drugs. An officer's real reason for pulling over
the ACLU-and they haven't been able to win a solitary case," he
car didn't matter a whit, the justices said, so long as some type of
says. "This whole thing is something that drug lawyers grabbed
raffic offense-no matter how trivial-occurred first. It made no
ahold of to try to beat some arrests by dragging race into it."
ifference that the motor-vehicle codes gave the cops a license to
If that's true, he is asked, then why has this program had such
single out almost whomever they wish for a stop," Justice An-
lopsided racial results in state after state? Why are the statistics so
onin Scalia wrote. It was not the role of the Supreme Court to de-
one-sided?
ide whether there were too many traffic laws or which ones
Vogel stiffens. "Let me have my assistant, Lenny Davis, come
hould no longer be enforced.
in and answer that question for you. He might have an explana-
Since that ruling, known as the Whren decision, state and lo-
tion for it." A few minutes later, Chief Deputy Davis, a large,
al police participation in Operation Pipeline has soared. Enroll-
friendly black man, sits down and solemnly assures me that the
ents in DEA training schools are way up. "After Whren," one
reason so many blacks and Hispanics are being pulled over is be-
f my CHP instructors told me, "the game was over. We won."
cause so many of them are involved in the drug business.
Last fall, another Supreme Court decision, rejecting the search
Vogel sits next to his chief deputy, nodding. But he doesn't
f an Iowa motorist's car without probable cause, was widely
say a word. If
APRIL 1999 ESQUIRE 127
Crimi-vacial proliling
"Christopher F. Edley, Jr." Kedley @ law.harvard.edu>
03/12/99 05:28:11 PM
Record Type:
Record
To:
Maria Echaveste/WHO/EOP
cc:
Elena Kagan/OPD/EOP, Bruce N. Reed/OPD/EOP, Jose_Cerda._III @ Ingate2.eop.gov, Robert B.
Johnson/WHO/EOP
Subject: Re: racial profiling
Note: Some recipients have been dropped due to syntax errors.
Please refer to the "$AdditionalHeaders" item for the complete headers.
A related issue is whether we already have statutory authority to do some
or all of the data collection that Conyers has proposed directed, as I
understand it, at state and local enforcement.
At 05:01 PM 3/12/99 -0500, [email protected] wrote:
> I understand that you had a followup meeting on racial profiling while I
> was away. I assume that you were having a staff level discussion to
> explore further the options for the crime section of the book, as we had
>
discussed at the last meeting I hosted. From the readout I've received it
> appears that the agencies are in agreement to go forward with some type of
> data collection but not an executive order, primarily because of the
> difficulties presented by INS and customs eforcement needs. Did you
> discuss what an executive order would look like or did you all conclude
> that the difficulties presented by INS and customs forced the decision not
> to have an executive order? At this morning's radio address, both Wade and
> Raul raised the issue of the INS and I told them from what I knew there was
>
some legal basis for stopping people based on ethnicity--they would like to
> talk about this in greater detail. Also, Mfume told me he thought we were
>
vulnerable because in the 94 crime bill, DOJ was authorized to collect data
>
on profiling/police abuse but congress had never appropriated money and we
>
had never asked for money. do you know anything about this? What can you
>
tell me about all of this and where we go from here?
>
>
>
Professor Christopher Edley, Jr.
Harvard Law School,
Cambridge MA 02138
(617)-495-4614; (f) 496-5156
Crime- vacial publicing
C
Bruce N. Reed
03/09/99 05:51:45 PM
Record Type: Record
To:
Elena Kagan/OPD/EOP, Jose Cerda III/OPD/EOP
CC:
Subject: holder
Justice Dept. Eyes Racial Profiling
By Laurence Arnold
Associated Press Writer
Tuesday, March 9, 1999; 5:44 p.m. EST
WASHINGTON (AP) The Justice Department's No. 2 official assured
black and Hispanic leaders from New Jersey on Tuesday that his agency is
serious about investigating whether state troopers stop motorists an the
basis of skin color.
Emphasizing the importance he gives the issue, Deputy Attorney General
Eric Holder told the group he believes New Jersey troopers stopped him
two decades ago because he is black.
New Jersey is one of several states where police have been accused of
using racial profiling" to determine which cars to stop. Similar accusations
have popped up in Florida, Maryland, Connecticut and elsewhere along the
Interstate 95 corridor.
Holder spent more than an hour behind closed doors with members of the
New Jersey congressional delegation, the Black Ministers Council of New
Jersey and the state Legislature's Black and Latino Legislative Caucus.
The New Jersey officials praised Holder but said they believe the Justice
Department is taking too long with its inquiry.
The answers that we wanted are still somewhat begging, because too
much time has elapsed," said Sen. Frank Lautenberg, D-N.J. The first
time that the Department of Justice was aware of this, definitely aware,
was way back in 1996. We are now in 1999 and we are still waiting for
some action."
The Rev. Reginald Jackson, director of the Black Ministers Council, said
Holder promised at least a preliminary response in a matter of months,
which is encouraging to us."
.
These things take time, and we want to make sure that we're being fair to
both sides," Holder told reporters as he left the meeting. We go into this
with an open mind. We don't presume there is in fact a problem. We're
going to look at the data we have, talk to people who are involved in this,
and then try to come up with an appropriate course of action."
In the private meeting, Holder told of being pulled over by State Police in
New Jersey when he was a Columbia University student in the 1970s,
traveling between New York and Atlantic City and sporting an Afro hair
style.
Police stopped him, he told reporters, even though ``| didn't think I was
doing anything wrong."
Later, Democratic Rep. Donald Payne, New Jersey's only black
congressman, said he too has encountered racial profiling by his state's
troopers.
. I fit the profile driving a new car, coming up from the South. I was
stopped," he said.
Racial profiling is part of a larger question of how police treat minorities,
Payne said, adding that it has become the number one topic of discussion"
among Congressional Black Caucus members.
State Police officials and Gov. Christie Whitman insist racial profiling is not
an accepted practice among New Jersey troopers.
Still, Whitman fired State Police Superintendent Carl Williams on March 1
following published remarks in which he said minorities were responsible for
most of the cocaine and marijuana traffic.
At a subcommittee hearing earlier Tuesday, Lautenberg urged Attorney
General Janet Reno to appoint a task force on racial profiling.
Reno said her department is actively pursuing a review of the New Jersey
State Police and this issue. We want to do a thorough review and
complete it as soon as possible."