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Underreported Under Threat Hate Crime in the United States and the Targeting of Arab Americans 1991-2016

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Underreported Under Threat Hate Crime in the United States and the Targeting of Arab Americans 1991-2016 UNDERREPORTED UNDER THREAT HATE CRIME IN THE UNITED STATES AND THE TARGETING OF ARAB AMERICANS 1991-2016 ARAB AMERICAN INSTITUTE FOUNDATION Project Director: Maya Berry Research and Writing: Kai Wiggins Layout and Design: Rawan Elbaba Arab American Institute Foundation 1600 K St NW, Suite 601 Washington, DC 20006 July 2018 © Arab American Institute Foundation This report is covered by the Creative Commons “Attribution-NonCommercial-NoDerivatives 4.0 International” license (see http://creativecommons.org.) It may be reproduced in its entirety as long as the Arab American Institute Foundation is credited, a link to the report web page is provided, and no charge is imposed. The report may not be reproduced in part or in altered form, or if a fee is charged, without AAIF’s permission. Kindly inform AAIF if you reprint the report. TABLE OF CONTENTS Executive Summary 1 Key Findings 2 Limitations and Methodology 3 Part I - Anti-Arab Animus in Context 17 Part II - Case Studies of Anti-Arab Violence 31 Yusor Abu-Salha, Deah Barakat and Razan Abu-Salha | North Carolina 35 Anonymous | Pennsylvania 41 Khalid Jabara | Oklahoma 45 Ghaith Sahib, Tifany Sahib, and the Employees of DarSalam Restaurant | Oregon 51 Part III - Rendered Invalid: The History of Anti-Arab Hate Crime Reporting and Data Collection 63 Targeted Violence Against Arab Americans and the Hate Crime Statistics Act of 1990 66 The (Re)Introduction of Anti-Arab Hate Crime to Federal Data Collection 72 The History of Code 31 78 Conclusions and Recommendations 85 Appendix A | Resource Guide 95 Rating the Response: Hate Crime Legislation, Reporting, and Data Collection in the United States Appendix B | Key Terms 305 Appendix C | Select Resources 313 ONLINE ACCESS www.AAIUSA.ORG/HATE-CRIMES Visit Underreported, Under Threat online to find our detailed analysis on the history of anti-Arab hate crime reporting and data collection, and for tools to empower you to advocate for a better response to hate crime in your state. Download a complete PDF of the report and other resources online. Underreported, Under Threat | ONLINE CONTENT • Important context to the nature of targeted violence against Arab Americans. • Case studies of anti-Arab violence that demonstrate the nature of anti-Arab hate crime, the harms inflicted on individuals and communities, and the limitations of existing laws, policies, and their irregular enforcement to address those harms. • An in-depth history of anti-Arab hate crime reporting and data collection within the context of targeted violence against Arab Americans, and analysis into anti-Arab hate crime data published at the state and federal level between 1991 and 2016. • An interactive resource guide with ratings for all 50 states and the District of Columbia based on their overall response to hate crime. How does your state measure up? Find the interactive map www.aaiusa.org/hate-crimes to find out. • A resource page with organizations that work to combat hate crimes and expand resources for local communities to report incidents of hate. 4 | Arab American Institute Foundation EXECUTIVE SUMMARY n recent years, the United States has experienced a surge of bias-motivated violence. This nationwide escalation of hate crime has targeted various communities, including Arab Americans, and is demonstrated through oficial government Idata, media accounts, and reporting from leading civil rights and advocacy organizations. Since the late 1960s and early 1970s, Arab Americans have sufered increased discrimination, exclusion, harassment, intimidation, and hate crimes in the wake of developments in the Middle East or incidents of mass violence. This so-called “backlash” efect was most intense following the tragic terrorist attacks on 9/11, when communities perceived to be Arab or Muslim, including Sikh Americans, experienced a wave of targeted violence. In the 1980s, a nationwide increase of hate crime pressured Congress to pass laws requiring the Department of Justice to collect data on bias-motivated violence. Proponents of the legislation argued data collection would promote better understanding of threats facing particular communities, including Arab Americans. In 1993, the Federal Bureau of Investigation (FBI) published its first report based on data collected under the Hate Crime Statistics Act of 1990. The annual report, Hate Crime Statistics, did not provide data on anti-Arab hate crime until 2015. Our research found the FBI intended to publish anti-Arab hate crime data in the first edition of Hate Crime Statistics. But in 1992, the Ofice of Management and Budget recommended removing Bias Motivation Code 31 (Anti-Arab) from the oficial hate crime data collections. As a result, anti-Arab hate crime was excluded from federal statistics until 2015, when the FBI reintroduced Code 31 into its data collections. Many law enforcement agencies continued to submit Code 31 data during this period. Records indicate that between 1991 and 2003, the FBI received over 800 Code 31 submissions from agencies in 32 states and the District of Columbia. Afer converting these submissions on the back end, the FBI recoded them as Anti- Other Ethnicity/National Origin hate crime incidents in oficial statistics. Afer 2003 and prior to the category’s reintroduction in 2015, the FBI rejected all Code 31 submissions, forcing state Uniform Crime Reporting (UCR) programs to resubmit “improperly coded data.” Reports suggest thousands of anti-Arab hate crimes occurred in the afermath of 9/11. Even before the backlash, however, Arab Americans were a community under threat of targeted violence. Just as Bias Motivation Code 31 (Anti-Arab) was rendered invalid in federal data collections, so too were anti-Arab hate crime victims rendered invisible in oficial statistics. Underreported, Under Threat: Hate Crime in the United States and the Targeting of Arab Americans documents the history of hate crime prevention in the United States with a focus on targeted violence against Arab Americans. An important part of this history, though previously undisclosed, is the elimination of Bias Motivation Code 31 (Anti-Arab) from oficial hate crime data collections. Afer contextualizing anti-Arab hate crime within a broader narrative of discrimination and bigotry, the report provides case studies of targeted violence against Arab Americans, a review of the national hate crime reporting and data collection system, including analysis of anti-Arab hate crime reporting, and a consideration of enduring limitations to our federal hate crime statistics. We conclude this report with a series of recommendations based on our findings. Our research demonstrates bias-motivated violence is a national issue. The federal government has taken important steps to protect targeted or vulnerable communities from hate crime. However, significant shortcomings, including at the state and local level, remain. To facilitate meaningful reform, we created Rating the Response: Hate Crime Legislation, Reporting, and Data Collection in the United States, which provides a clearinghouse of information pertaining to hate crime in all 50 states and the District of Columbia. Complete with ratings for each state based on its overall response, this resource guide identifies target areas for improvement and provides state-based recommendations, empowering readers throughout the United States to advocate for a better response to hate crime in their communities. Compiled as one in this report, both research projects reflect our commitment to serving Arab Americans and protecting every community from the scourge of hate-based violence. We hope readers find the report not only informative, but also practical. Together, we will strive to advance civil rights, protect civil liberties, and secure justice for all. Underreported, Under Threat: Hate Crime in the United States and the Targeting of Arab Americans | 1 KEY FINDINGS ccording to federal statistics, the United States has experienced a surge of bias-motivated violence in recent years, with 2016 data indicating the first consecutive annual increase of reported hate crime incidents since 2004. Along Awith many other communities, Arab Americans today face an increased risk of hate crime. This increase coincides with concerning developments in American politics and popular culture. In the past, political rhetoric and government discrimination have undermined eforts to prevent anti-Arab violence. • Hate crimes targeting Arab Americans have historically intensified in the wake of developments in the Middle East or incidents of mass violence. This “backlash” efect continues to impact Muslim, Arab, and South Asian (MASA) communities in the United States. • The threat of hate crimes targeting Arab Americans has increased amid burgeoning xenophobia, racism, and anti-Arab and anti-Muslim sentiment. • The laws, policies, and law enforcement practices designed to prevent or respond to hate crime vary from state to state. In particular states, hate crime victims, their families, and their communities have limited recourse to secure a substantial sense of justice. • While the FBI first published anti-Arab hate crime statistics in 2015, the federal government previously collected anti- Arab hate crime data for over a decade, but never shared the data in oficial statistics. • Between 1991 and 2003, law enforcement agencies in 32 states and the District of Columbia reported over 800 anti-Arab hate crime incidents to the FBI. The agencies reported these incidents despite the federal government’s elimination of anti-Arab
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