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Sen. Cardin introduces bill to ban racial profiling (which would prohibit provisions of Alabama’s HB 56 from being enforced)

Guest Blogger: Tong Lee, Director of Membership Services for the Rights Working Group

On Thursday, Oct. 6, 2011, Senator Ben Cardin (D-MD) introduced the End Racial Profiling Act (ERPA) of 2011.  If passed, the bill would prohibit the use of profiling based on race, religion, ethnicity and national origin by any federal, state, local or Indian tribal law enforcement agency. This is a significant step forward in over a decade since the NAACP, ACLU, their allies, and affected community members have advocated endlessly for the bill’s introduction and passage.  With this introduction, it is now critical for the Senate to pass the bill.  Email your Senator and tell them to pass the End Racial Profiling Act.

There are many positive provisions in the bill.  The bill would also institute mandatory training on profiling for law enforcement agents; require data collection and monitoring; create privacy protections for individuals whose data is collected; implement substantive procedures for responding to profiling complaints and a private right of action for victims of profiling.

Far too often, communities of color know first-hand the experience of being racially profiled by law enforcement agencies. If the bill passes, it could have a significant impact on communities. The bill is intended to prohibit:

  • Stops and frisks by local law enforcement based on ethnicity;
  • Surveillance by law enforcement agencies of specific neighborhoods and communities, like the recent discovery of the New York Police Department’s monitoring of Muslim neighborhoods in New York after the 9/11 attacks; and
  • States from enacting laws requiring residents to show proof of immigration status, such as Alabama’s H.B. 56, Georgia’s H.B. 56 and Arizona’s S.B. 1070.

With the bill’s introduction, we now need the Senate to pass it.  Contact your Senators and tell them to co-sponsor the End Racial Profiling Act.  The following Senators have co-sponsored the bill: Sen. Richard Blumenthal, (D-CT), Sen. Dick Durbin (D-IL), Sen. Kirsten E. Gillibrand (D-NY), Sen. John F. Kerry (D-MA), Sen. Frank R. Lautenberg (D-NJ), Sen. Carl Levin (D-MI), Sen. Bob Menendez (D-NJ), Sen. Barbara A. Mikulski (D-MD) and Sen. Debbie Stabenow (D-MI).