The Department of Justice announced the release of new rules aimed at combating discriminatory profiling by federal agencies, changing guidelines that had been in place since 2014.
Faiza Patel, Senior Director of the Liberty and National Security Program at the Brennan Center for Justice at NYU Law, said the changes were long past due, as the new regulations extended the scope of protection to a broader range of personnel, such as people who have disabilities.
“The Department of Justice has made some upgrades to its racial profiling policy, such as extending its reach to more personnel and covering people with disabilities," she said in a release by the Brennan Center for Justice. "But the policy leaves in place a highly discretionary standard for when its personnel can apply factors such as race, religion, or ethnicity in the course of their duties. Too many Americans will still experience discrimination unless the department ensures that this grey area isn’t abused.
The DOJ's decision to expand the scope of protection to people with disabilities reflects the department's commitment to safeguarding the rights and dignity of all Americans, the department said, and the new rules have been lauded as a step toward ending discriminatory practices, although critics have raised concerns about the subjective nature of the policy, Patel said.
Patel credited President Joe Biden's executive order on combating discrimination, but she stressed the importance of preventing any abuse of discretion and ensuring that no Americans are wrongly targeted. The policy still allows for a discretionary standard when it comes to considering factors of race, religion, or ethnicity in the course of law enforcement duties, she contended.
Patel emphasized the importance of assessing the policy's effectiveness and establishing a systematic review process, The Brennan Center reported. Patel also called for the Department of Homeland Security to change its policies in line with the DOJ's guidance. Rebuilding trust and demonstrating the policy's efficacy in preventing discriminatory practices is crucial for the DOJ to gain public confidence, according to the report.
“We applaud President Joe Biden’s commitment to ending discriminatory profiling," Patel said. "The Department of Justice’s new guidance is an important step towards living up to that commitment. Now, the administration must give the highest priority to measuring whether the policy is working and establish a regular process for reviewing its results. And to end discriminatory profiling, the Department of Homeland Security must also quickly issue a rigorous, comprehensive anti-discrimination policy, as anticipated in the guidance.”
