AUTHENTICATED U.S. GOVERNMENT INFORMATION GP0 RACIAL PROFILING AND THE USE OF SUSPECT CLASSIFICATIONS INLAW ENFORCEMENT POLICY HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES OF THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIVES ONE HUNDRED ELEVENTH CONGRESS SECOND SESSION JUNE 17, 2010 Serial No. 111-131 Printed for the use of the Committee on the Judiciary Available via the World Wide Web: http://judiciary.house.gov U.S. GOVERNMENT PRINTING OFFICE 56-956 PDF WASHINGTON : 2010 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COIVIITTEE ON THE JUDICIARY JOHN CONYERS, JR., Michigan, Chairman HOWARD L. BERMAN, California LAMAR SMITH, Texas RICK BOUCHER, Virginia F. JAMES SENSENBRENNER, JR., JERROLD NADLER, New York Wisconsin ROBERT C. "BOBBY' SCOTT, Virginia HOWARD COBLE, North Carolina MELVIN L. WATT, North Carolina ELTON GALLEGLY, California ZOE LOFGREN, California BOB GOODLATTE, Virginia SHEILA JACKSON LEE, Texas DANIEL E. LUNGREN, California MAXINE WATERS, California DARRELL E. ISSA, California WILLIAM D. DELAHUNT, Massachusetts J. RANDY FORBES, Virginia STEVE COHEN, Tennessee STEVE KING, Iowa HENRY C. "HANK" JOHNSON, JR., TRENT FRANKS, Arizona Georgia LOUIE GOHMERT, Texas PEDRO PIERLUISI, Puerto Rico JIM JORDAN, Ohio MIKE QUIGLEY, Illinois TED POE, Texas JUDY CHU, California JASON CHAFFETZ, Utah TED DEUTCH, Florida TOM ROONEY, Florida LUIS V. GUTIERREZ, Illinois GREGG HARPER, Mississippi TAMMY BALDWIN, Wisconsin CHARLES A. GONZALEZ, Texas ANTHONY D. WEINER, New York ADAM B. SCHIFF, California LINDA T. SANCHEZ, California DANIEL MAFFEI, New York JARED POLIS, Colorado PERRY APELBAUM, Majority Staff Director and Chief Counsel SEAN MCLAUGHLIN, Minority Chief of Staff and General Counsel SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES JERROLD NADLER, New York, Chairman MELVIN L. WATT, North Carolina F. JAMES SENSENBRENNER, JR., ROBERT C. "BOBBY' SCOTT, Virginia Wisconsin WILLIAM D. DELAHUNT, Massachusetts TOM ROONEY, Florida HENRY C. "HANK" JOHNSON, JR., STEVE KING, Iowa Georgia TRENT FRANKS, Arizona TAMMY BALDWIN, Wisconsin LOUIE GOHMERT, Texas JOHN CONYERS, JR., Michigan JIM JORDAN, Ohio STEVE COHEN, Tennessee SHEILA JACKSON LEE, Texas JUDY CHU, California DAVID LACHMANN, Chief of Staff PAUL B. TAYLOR, Minority Counsel CONTENTS JUNE 17, 2010 Page OPENING STATEMENTS The Honorable Jerrold Nadler, a Representative in Congress from the State of New York, and Chairman, Subcommittee on the Constitution, Civil Rights, and Civil Liberties ....................................... 11..... The Honorable Robert C. "Bobby" Scott, a Representative in Congress from the State of Virginia, and Member, Subcommittee on the Constitution, Civil Rights, and Civil Liberties ............................ ............. 6 The Honorable Steve Cohen, a Representative in Congress from the State of Tennessee, and Member, Subcommittee on the Constitution, Civil Rights, and Civil Liberties ..................................... ............... 6 The Honorable John Conyers, Jr., a Representative in Congress from the State of Michigan, Chairman, Committee on the Judiciary, and Member, Subcommittee on the Constitution, Civil Rights, and Civil Liberties ............ 6 WITNESSES Mr. Hilary 0. Shelton, Director, NAACP Washington Bureau Oral Testimony .............................................. ........ 8 Prepared Statement ...................................................... 11 Mr. Christopher Burbank, Chief of Police, Salt Lake City Police Department Oral Testimony ............................................. ........ 14 Prepared Statement ...................................................... 17 Mr. Brian L. Withrow, Ph.D., Associate Professor of Criminal Justice, Texas State University Oral Testimony ............................................. ........ 21 Prepared Statement ...................................................... 23 Ms. Deborah Ramirez, Professor of Law, Northeastern University Law School Oral Testimony ............................................. ........ 31 Prepared Statement ...................................................... 34 Mr. Amardeep Singh, Program Director, Sikh Coalition Oral Testimony ............................................. ........ 38 Prepared Statement ...................................................... 40 Mr. David A. Harris, Professor of Law, University of Pittsburgh School of Law Oral Testimony ............................................. ........ 52 Prepared Statement ...................................................... 54 Ms. Farhana Khera, President and Executive Director, Muslim Advocates Oral Testimony ............................................. ........ 62 Prepared Statement ...................................................... 64 LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING Prepared Statement of the Honorable F. James Sensenbrenner, Jr., a Rep- resentative in Congress from the State of Wisconsin, and Ranking Member, Subcommittee on the Constitution, Civil Rights, and Civil Liberties ............ 3 IV Page Information submitted by the Honorable Judy Chu, a Representative in Con- gress from the State of California, Member, Committee on the Judiciary, and Member Subcommittee on the Constitution, Civil Rights, and Civil Liberties .................. ........................... ............ 82 APPENDIX Material Submitted for the Hearing Record ................... ............. 89 RACIAL PROFILING AND THE USE OF SUS- PECT CLASSIFICATIONS IN LAW ENFORCE- MENT POLICY THURSDAY, JUNE 17, 2010 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON THE CONSTITUTION, CIVIL RIGHTS, AND CIVIL LIBERTIES, COMMITTEE ON THE JUDICIARY, Washington, DC. The Subcommittee met, pursuant to notice, at 2:21 p.m., in room 2141, Rayburn House Office Building, the Honorable Jerrold Nad- ler (Chairman of the Subcommittee) presiding. Present: Representatives Nadler, Conyers, Scott, Johnson, Cohen, Jackson Lee, and Chu. Also present: Representative Ellison. Staff present: (Majority) David Lachmann, Subcommittee Chief of Staff; Keenan Keller, Counsel; and (Minority) Paul Taylor, Mi- nority Counsel. Mr. NADLER. This hearing of the Subcommittee on the Constitu- tion, Civil Rights, and Civil Liberties will come to order. I will begin by recognizing myself for an opening statement. Today's hearing examines racial profiling and the use of suspect classifications in law enforcement policy. Racial profiling is a prob- lem, not simply because it unfairly targets people for different treatment by law enforcement based on the immutable characteris- tics such as race, nationality or religion, but because it is bad polic- ing policy. Looking for people of a certain race in the hope that this will make it easier to find criminals is simply not an effective way to identify and apprehend the bad guys and make us all safer. It would be nice if all criminals and terrorists walked around with the mark of Cain on their foreheads, but the real world is not like that. Focusing on people who fit the profile of what some be- lieve a criminal would or should look like distracts and diverts the attention of law enforcement in ways that can prove disastrous to public safety. So, in addition to being unfair, profiling does not de- liver on its alleged benefits. What makes the problem of racial profiling more complex and re- quires policymakers to think about it in a more careful and sophis- ticated manner, is that racial profiling cannot simply be attributed to a few races abusing their power. They, of course, are still with us. But just as it would be easier if every crook carried around a sign saying, "I am a bad guy," so, too, it would make our jobs a lot easier if every law enforcement agent or officer who engaged in the practice looked like Bull Connor. But that also is not the case. We need to deal with the fact that profiling is not always, and not necessarily, a result of racial or religious bigotry. It can be the result of poor training, flawed policing methods, or simply conven- tional wisdom, which may not be true, but which is commonly held-which is, of course, the definition of conventional wisdom. This is not to say that bigots have not tried, sometimes success- fully, to use the public's justifiable fear of crime and terrorism to malign entire groups or faiths. Racist demagoguery is still with us, and we have an obligation to confront it forcefully and effectively. The facts, however, clearly belie the assertion that profiling is good or effective law enforcement. The view that it is appropriate law enforcement to go after certain groups is thankfully a marginal one in this day and age. Today's hearing will look at all the dimensions of racial profiling and examine what actions Congress can take to protect individuals from being singled out by law enforcement for reasons based on characteristics having nothing to do with whether or not they are fairly suspected of committing some kind of wrongdoing. The solution lies not just in enforcement of rules against profiling, but in education and training for our law enforcement personnel. Our law enforcement officers deserve our support and the tools they need to do their jobs effectively. I want to thank the Chairman of the full Committee for his ef- forts over the years and for his continued leadership on this very important issue. The effort to eliminate racial