As the dust settles around the 200,000 March for America in D.C. this weekend, it is important to remind ourselves why we need immigration reform. A new report by the ACLU is one such reminder of racial profiling that is alive and kicking in the United States. As one of the most unconstitutional implications of our broken immigration system, racial profiling takes place when police stop, interrogate, and detain people on the basis of their appearance, accent or general perceived ethnicity, rather than on the basis of concrete evidence of criminal activity.
Called “The Persistence of Racial Profiling in Gwinnett: Time for Accountability, Transparency, and an End to 287(g),” the report uses individual testimonies from the community to examine the persistence of racial profiling in Gwinnett County, Georgia, before and after the introduction of the 287(g) program that partners local law enforcement with federal Immigrations and Customs Enforcement (ICE) to enforce immigration law. Dedicated to the brave undocumented students walking the Trail of Dreams who marched into this “risky” 287(g) county, the report focuses on Sheriff Conway known as the “Joe Arpaio of the South”, who claimed that November 16th, 2009 or the day that the 287(g) program officially took off in Gwinnett County “was a great day for Gwinnett County citizens.”
Racial profiling has always been prevalent in Gwinnett County. In a case that took place before the implementation of 287(g), a woman named Mary Babington witnessed two police officers stop a white Sedan and pull out two Latino men at gun-point, shouting at them the entire time. They were then cuffed and made to lie on the ground, shirtless. One of the men was crying and asked the officer for his shirt, saying he felt cold. The officer then kicked him on his back and yelled at him not to move. Mary then heard one officer boast to the other -
They wouldn’t come out when I pulled my gun, so I sprayed the whole can of pepper spray. I emptied the whole can on them…Dude, I emptied the can in his face. I love my job.
According to the witness, Mary, the officers did not tell the men why they had been stopped, and did not read the men their rights at any point. Finally the officers administered a breathalyzer test and gave one of them a ticket for driving under the influence.
The implementation of the 287 (g) program has only exacerbated racial profiling. Many people of color have been stopped, interrogated, detained and even abused based on minor traffic violations even though 287(g) is supposed to be implemented to catch serious criminals. Some were stopped without any probable cause and never given an explanation.
A case in point is the testimony of Juan, a 48-year maintenance technician who is a legal permanent resident, entitled to live and work in the U.S. In the last year he has been stopped by local police on two different occasions, both times without any legal basis. On the most recent occasion, a Gwinnett police officer asked Juan to pull over as he was driving home from work. Despite him asking the officer five times why he was being stopped, he was given no answer. Instead the officer continuously screamed at him for asking questions and asked him for his driver’s license, which he handed over. Juan was eventually released without a citation but never found out why he had been pulled over and detained. He is now constantly worried about such an event recurring and avoids driving in certain areas of Gwinnett County.
In a podcast interview, Azadeh Shahshahani from the ACLU talks about the ways in which the 287(g) program has been extremely harmful for the 70 jurisdictions in which it operates. Local profiling has threatened public safety so that instead of trusting the local police, people are increasingly afraid to approach them, creating a dangerous communication barrier between local law enforcement and the community. In addition to diverting resources, the 287(g) program employs local police officers who are not trained in making immigration and status determinations, resulting in them restoring to their perceived notions about people’s race, ethnicity and accent.
While 50% of U.S. states have enacted legislation against racial profiling, legislation is still pending for Georgia. According to Azadeh -
In Georgia the problem is compounded because not only is there not any meaningful federal oversight, but there is also no oversight at the local or county level that we have seen…One of our main recommendations would be for law enforcement to revert to a policy of having federal immigration laws enforced only by federal immigration officials, and leave police to the job of protecting our communities.
So what’s the best outcome? Lacking training and oversight, stop 287(g) program all over the country. Document all the stops that are being made in the name of the program to check for patterns of racial profiling. And pass anti-racial profiling legislation so everyone is protected.
Photo courtesy of acluga.org