Endnotes
1. Jody Yager, "Homeland Security Panel Examines Radicalization of U.S. Muslims," Feb. 9, 2011, The Hill, http://thehill.com/homenews/house/143149-homeland-security-panel-examines-radicalization-of-us-muslims.
2. ACLU and Rights Working Group, "The Persistence of Racial and Ethnic Profiling in the United States," Aug. 2009, 41–42, http://www.aclu.org/pdfs/humanrights/cerd_finalreport.pdf.
3. Megan O'Toole, "Academic's Arrest Renews Race Debate" National Post, July 22, 2009, at A2.
4. "Obama Remarks on Gates' Arrest Angers Corps," Associated Press, July 24, 2009, http://www.msnbc.msn.com/id/32113088/ns/politics-white_house//.
5. "Barack Obama Response to Arrest of Henry Louis Gates Jr. Causes Stir Among Police," Associated Press, July 23, 2009, http://www.nola.com/news/index.ssf/2009/07/barack_obama_response_to_arres.html.
6. The terms "African American" and "Black" are used interchangeably in this report, as are the terms "Hispanic" and "Latino."
7. A search is an examination of a person's body, property, or other area that the person would reasonably be expected to consider as private, conducted by a law enforcement officer for the purpose of finding evidence of a crime. A frisk is a pat-down of a person to discover a concealed weapon or other contraband. See Black's Law Dictionary, 7th Ed.
8. See generally "Wrong Then, Wrong Now: Racial Profiling Before & After September 11, 2001," The Leadership Conference on Civil Rights Education Fund, 2003 http://www.civilrights.org/publications/wrong-then/racial_profiling_report.pdf
9. In a 1999 Gallup Poll, 77 percent of African Americans believed that racial profiling was widespread and 56 percent of White Americans agreed. Frank Newport, "Racial Profiling is Seen as Widespread, Particularly Among Young Black Men," Gallup News Service, Dec. 9, 1999. David A. Harris, Profiles in Injustice: Why Racial Profiling Cannot Work (The New Press 2002), at 121, n. 71. See also Julia Vitullo-Martin, "Fairness Not Simply a Matter of Black and White," Chicago Tribune, Nov. 13, 1997 (citing poll by the Joint Center for Political and Economic Studies indicating that 81 percent of Blacks and 56 percent of Whites agree that police are more likely to harass and discriminate against Blacks than against Whites). Even conservative minorities, such as African-American commentator Armstrong Williams, acknowledged the existence of, and the need to eliminate, racial profiling. E.g. Armstrong Williams, "Police and Profiling," The Washington Times, March 24, 2001.
10. Consent Decree between the city of Los Angeles and the Department of Justice, entered by the court on June 15, 2001, http://www.lapdonline.org/assets/pdf/final_consent_decree.pdf; Consent Decree between the State of New Jersey and Division of State Police and New Jersey Department of Law and Public Safety and the Department of Justice, entered by the court on December 30, 1999 http://www.justice.gov/crt/split/documents/jerseysa.php; see also New Jersey State Police Consent Decree Status/Progress Reports http://www.state.nj.us/lps/progress.htm.
11. A state-by-state list of jurisdictions that have been collecting data, either voluntarily or through legislation, consent decrees, or settlements is compiled by the Data Collection Resource Center. http://www.racialprofilinganalysis.neu.edu/background/jurisdictions.php.
12. Whren v. United States, 517 U.S. 806, 813 (1996).
13. Eric Ferkenhoff and Noah Isackson, "Ashcroft Calls on Police to End Racial Profiling," Chicago Tribute, April 7, 2001.
14. Presidential Address Before a Joint Session of the Congress on Administration Goals, February 27, 2001, Weekly Compilation of Presidential Documents, Vol. 37, no. 9 (March 5, 2001) at 354.
15. H.R. 2074/S. 989, 107th Congress, 1st Session (June 6, 2001).
16. Obama '08, "Blueprint for Change: Obama and Biden's Plan for America", 65 (2008), http://www.barackobama.com/issues/civil_rights/index_campaign.php#racial-profiling.
17. "Hearing to Review Funding and Oversight of the Dep't of Justice" Hearing Before the Senate Appropriations Subcommittee On Commerce, Justice and Science, and Related Agencies", 111th Congress (2009) (statement of Eric Holder, Attorney General).
18. For purposes of simplicity in discussion, the term "race" is sometimes used in this report as a shorthand reference for the four personal characteristics—i.e., race, ethnicity, national origin, and religion—encompassed by the definition of racial profiling.
19. Whren v. United States, 517 U.S. at 813.
20. Department of Justice "Guidance Regarding the Use of Race By Federal Law Enforcement Agencies," June 2003, http://www.usdoj.gov/crt/split/documents/guidance_on_race.php.
21. "Contacts Between Police and the Public, 2005," U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics Special Report, at http://bjs.ojp.usdoj.gov/content/pub/ascii/cpp05.txt.
22. ACLU of Arizona, "Driving While Black or Brown," at 3, (2008), http://www.acluaz.org/DrivingWhileBlackorBrown.pdf
23. Id.
24. Stephen M. Haas, Erica Turley & Monika Sterling, Criminal Justice Statistical Analysis Center, "West Virginia Traffic Stop Study: Final Report," (2009), http://www.wvdcjs.com/trafficstops/index.html.
25. ACLU and Rights Working Group, "The Persistence of Racial and Ethnic Profiling in the United States," Aug. 2009 at 56, http://www.aclu.org/pdfs/humanrights/cerd_finalreport.pdf
26. Id. at 51.
27. Sylvia Moreno, "Race a Factor in Texas Stops; Study Finds Police More Likely to Pull over Blacks, Latinos," Washington Post, Feb. 25, 2005, http://www.washingtonpost.com/wp-dyn/articles/A51613-2005Feb24.html.
28. Christina Jewett, "Racial Report a Concern; Analysis Shows Blacks Are Pulled Over at Higher Rate," Sacramento Bee, June 11, 2006.
29. James Kimberly, "Minorities Stopped at Higher Rate in DuPage," Chicago Tribune, April 29, 2006, http://www.highbeam.com/doc/1g1-145106717.html.
30. ACLU and Rights Working Group, "The Persistence of Racial and Ethnic Profiling in the United States," August 2009 at 58, http://www.aclu.org/pdfs/humanrights/cerd_finalreport.pdf.
31. Id. at 57.
32. Angela J. Davis, "Prosecution and Race: The Power and Privilege of Discretion," 67 Fordham L. Rev. 13, 27 (1998).
33. Ellen Goodman, "Simpson Case Divides Us By Race," Boston Globe, July 10, 1994, (quoting Professor Ogletree).
34. Floyd v. City of New York et al., Synopsis, Status, and Description. Center for Constitutional Rights. at http://ccrjustice.org/floyd.
35. Center for Constitutional Rights, "Racial Disparity in NYPD Stop-and-Frisks," Jan. 15, 2009, 4-5, http://ccrjustice.org/files/Report_CCR_NYPD_Stop_and_Frisk_0.pdf at 16.
36. Id. at 4–5.
37. Ian Ayres, "Racial Profiling and the LAPD: A Study of Racially Disparate Outcomes in the Los Angeles Police Department," Oct. 2008, http://www.aclu-sc.org/documents/view/47 at page i.
38. Id.
39. Joel Rubin, "U.S. Judge Ends Federal Oversight of the LAPD," Los Angeles Times, July 18, 2009.
40. ACLU and Rights Working Group, "The Persistence of Racial and Ethnic Profiling in the United States," August 2009, at 63, http://www.aclu.org/pdfs/humanrights/cerd_finalreport.pdf
41. Tovah Renne Calderon, "Race-Based Policing from Terry to Wardlow: Steps Down the Totalitarian Path," 44 How. L.J. 73, 91–93 (2000); Jack B. Weinstein & Mae C. Quinn "Terry, Race, and Judicial Integrity: The Court and Suppression During the War on Drugs," 72 St. John's L. Rev. 1323, 1332 (1998).
42. ACLU and Rights Working Group, "The Persistence of Racial and Ethnic Profiling in the United States," August 2009 at 60, http://www.aclu.org/pdfs/humanrights/cerd_finalreport.pdf
43. Id. at 54.
44. See announcement by Department of Justice of implementation of National Security Entry-Exit Registration System http://www.justice.gov/archive/ag/speeches/2002/060502agpreparedremarks.htm
45. ACLU and Rights Working Group, "The Persistence of Racial and Ethnic Profiling in the United States," August 2009, 30, http://www.aclu.org/pdfs/humanrights/cerd_finalreport.pdf.
46. See, e.g., Rajah v. Mukasey, 544 F.3d 427, 435 (2d Cir. 2008) (rejecting respondent's challenges to the NSEERS program); Tawfik v. Mukasey, 299 Fed. Appx. 45, 46 (2d Cir. 2008) (holding NSEERS did not violate petitioner's right to equal protection as guaranteed by the Due Process Clause of the Fifth Amendment.); Ahmed v. Gonzales, 447 F.3d 433, 440 (5th Cir. 2006) (holding that NSEERS did not violate petitioner's right to equal protection).
47. See Joint Press Release, American-Arab Anti-Discrimination Committee (ADC) & Yale Law School National Litigation Project, ICE Targets Immigrants from Muslim Majority Countries Prior to 2004 Presidential Election. Oct. 20, 2008, http://www.adc.org/PDF/frontline.pdf.
48. Id. at 1; see also Yousef Munayyer, "End Counterproductive Racial Profiling," San Francisco Chronicle, Nov. 23, 2008, http://articles.sfgate.com/2008-11-23/opinion/20873791_1_profiling-racial-immigrants-from-muslim-countries.
49. Eric Lichtblau, "Inquiry Targeted 2,000 Foreign Muslims in 2004," New York Times, Oct. 30, 2008; Joint Press Release, American-Arab Anti-Discrimination Committee (ADC) & Yale Law School National Litigation Project, ICE Targets Immigrants from Muslim Majority Countries Prior to 2004 Presidential Election, ICE Targets Immigrants from Muslim Majority Countries Prior to 2004 Election, http://www.adc.org/PDF/frontline.pdf.
50. ACLU and Rights Working Group, "The Persistence of Racial and Ethnic Profiling in the United States," August 2009, at 31, http://www.aclu.org/pdfs/humanrights/cerd_finalreport.pdf.
51. Id.
52. Robert Koulish, "Privatizing the Leviathan Immigration State," July 7, 2007, http://mrzine.monthlyreview.org/2007/koulish200707.html.
53. "Wrong Then, Wrong Now: Racial Profiling Before & After September 11, 2001," The Leadership Conference on Civil Rights Education Fund, 2003, http://www.civilrights.org/publications/wrong-then/racial_profiling_report.pdf at 22-25.
54. ACLU and Rights Working Group, "The Persistence of Racial and Ethnic Profiling in the United States," Aug. 2009 at 34, http://www.aclu.org/pdfs/humanrights/cerd_finalreport.pdf (emphasis added).
55. Id.
56. Id. at 50.
57. Id. at 36.
58. Rahman v. Chertoff 05CV3761 (ND IL) Class Action Complaint dated June 28, 2005, available at http://www.aclu.org/national-security/aclu-complaint-rahman-v-chertoff.
59. Id.
60. Press Release, ACLU, "Court dismisses ACLU lawsuit, finds repeated, lengthy abusive border detentions to be 'routine'", May 2010, http://www.aclu-il.org/news/press/2010/05/court_dismisses_aclu_lawsuit_f.shtml.
61. Id.
62. Id.
63. Transportation Security Administration Guidance: Religious and Cultural Needs, http://www.tsa.gov/travelers/airtravel/assistant/editorial_1037.shtm (last visited Jan. 7, 2011).
64. Id.
65. See e.g., Rights Working Group, "Faces of Racial Profiling: A Report from Communities Across America," Sept. 2010, at 28–29, http://www.rightsworkinggroup.org/sites/default/files/ReportText.pdf.
66. Amardeep Singh, testimony before the House Judiciary Committee Subcommittee on the Constitution, Civil Rights and Civil Liberties, June 17, 2010, http://judiciary.house.gov/hearings/pdf/Singh100617.pdf.
67. Codified at 8 U.S.C. § 1357(g).
68. Department of Homeland Security, Office of Inspector General, "The Performance of 287(g) Agreements Report Update", Sept. 2010, at 23.
69. Department of Homeland Security, Office of Inspector General, "The Performance of 287(g) Agreements", March 2010, 23 (hereafter OIG Report, 2010).
70. Id. at 2.
71. Id. at 4.
72. Memorandum from Teresa Wynn Roseborough, Deputy Assistant Attorney General, Office on Legal Counsel, for the U.S. Attorney for the Southern District of California (Feb. 5, 1996), www.usdoj.gov/olc/immstopo1a.htm (last visited Nov. 17, 2010) (precluding local officers from stopping and detaining individuals solely on suspicion of civil deportability); see also Linda Reyna Yanez & Alfonso Soto, Local Police Involvement in the Enforcement of Immigration Law, 1 Hisp. L.J. 9, 36 (1994) (quoting a 1978 DOJ press release indicating that "local police should refrain from detaining 'any person not suspected of a crime, solely on the ground that they may be deportable aliens'").
73. Memorandum from Jay Bybee, Assistant Attorney General, Office of Legal Counsel, for William J. Haynes, II, General Counsel, Department of Defense, Office of Legal Counsel, U.S. Department of Justice, March 13, 2002, http://www.justice.gov/olc/docs/memorandum03132002.pdf.
74. Department of Homeland Security. "Secretary Napolitano Announces New Agreement for State and Local Immigration Enforcement Partnerships and Adds 11 New Agreements," July 10, 2009, http://www.ice.gov/pi/nr/0907/090710washington.htm.
75. U.S. Immigration and Customs Enforcement, Delegation of Immigration Authority, Section 287(g) Immigration and Nationality Act, Sept. 5, 2007. http://www.ice.gov/pi/news/factsheets/070906factsheet287gprogover.htm.
76. Nina Bernstein, "Study Says Police Misuse Immigration-Inquiry Rule," New York Times, April 15, 2009, http://www.nytimes.com/2009/04/15/nyregion/15immigration.html.
77. Julia Preston, "Immigrant, Pregnant, is Jailed Under Pact," New York Times, July 20,2008, http://www.nytimes.com/2008/07/20/us/20immig.html?_r=3.
78. ACLU and Rights Working Group, "The Persistence of Racial and Ethnic Profiling in the United States," Aug. 2009, 41–42, http://www.aclu.org/pdfs/humanrights/cerd_finalreport.pdf.
79. Id. at 42.
80. Miriam Jordan, "Arizona Sheriff's Powers Cut," Wall Street Journal, Oct. 7, 2009, http://online.wsj.com/article/SB125487274278469239.html. In addition to the problems that have existed with regard to the operation of the 287(g) MOA with the MCSO, DOJ filed a lawsuit against Maricopa County and MCSO in Arizona federal district court on September 2, 2010. The lawsuit alleges that the MCSO has refused to cooperate with DOJ's investigation of national origin discrimination in violation of the Civil Rights Act of 1964, which prohibits discrimination in programs that receive federal funds. The lawsuit—which DOJ has characterized as "unprecedented"—charges that Sheriff Arpaio has refused to provide access to documents and facilities in connection with its investigation of alleged discrimination against Hispanics in MCSO's police practices and jail operations. See U.S. v. Maricopa County et al., http://www.justice.gov/opa/documents/maricopa-complaint.pdf; "Justice Department Files Lawsuit Against Maricopa County Sheriff's Office for Refusing Full Cooperation with Title VI Investigation" Press Release, Sept. 2, 2010, http://www.justice.gov/opa/pr/2010/September/10-crt-993.html.
81. ACLU and Rights Working Group, "The Persistence of Racial and Ethnic Profiling in the United States," Aug. 2009 at 44, http://www.aclu.org/pdfs/humanrights/cerd_finalreport.pdf.
82. Id. at 61.
83. Justice Strategies, "Local Democracy on ICE: Why State and Local Governments Have No Business in Federal Immigration Law Enforcement," Feb. 2009, http://www.justicestrategies.org/sites/defualt/files/JS-Democracy-On-Ice-print.pdf
84. "For example, during the month of May 2008, eighty-three percent of the immigrants arrested by Gaston County ICE authorized officers pursuant to the 287(g) program were charged with traffic violations. This pattern has continued as the program has been implemented throughout the state. The arrest data appears to indicate that Mecklenburg and Alamance Counties are typical in the targeting of Hispanics for traffic offenses for the purposes of a deportation policy." The Policies and Politics of Local Immigration Enforcement Laws: 287(g) Program in North Carolina, ACLU of North Carolina Legal Foundation and Immigration & Human Rights Policy Clinic, at 29, Feb. 2009, http://www.law.unc.edu/documents/clinicalprograms/287gpolicyreview.pdf.
85. Joint Hearing on The Public Safety and Civil Rights Implications of State and Local Enforcement of Federal Immigration Laws Before the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law & the Subcommittee on the Constitution, Civil Rights, and Civil Liberties U.S.H.R., 111th Cong. (2009) (written statement of the American Civil Liberties Union (ACLU) (hereinafter ACLU Written Statement), at 6, http://www.aclu.org/immigrants/gen/39242leg20090401.html.
86. Testimony of Sheriff Charles Jenkins, Frederick County, MD, to the House Homeland Security Committee, March 2, 2009, http://homeland.house.gov/SiteDocuments/20090304140923-73834.pdf.
87. OIG Report, 2010 supra note 69.
88. Id. at 1.
89. Id. at 23.
90. Id. at 24.
91. ACLU Written Statement, supra note 85, http://www.aclu.org/pdfs/humanrights/cerd_finalreport.pdf.
92. U.S. Department of Homeland Security Immigration and Customs Enforcement. "Criminal Alien Program," Fact Sheet, (Nov. 19, 2008), http://www.ice.gov/pi/news/factsheets/criminal_alien_program.htm.
93. Id. http://www.ice.gov/pi/news/factsheets/criminal_alien_program.htm.
94. Trevor Gardner II and Aarti Kohli, The Chief Justice Earl Warren Institute on Race, Ethnicity, and Diversity, University of California Berkeley, Berkeley Law School, "The C.A.P. Effect: Racial Profiling in the ICE Criminal Alien Program", 2009, at 7. http://www.law.berkeley.edu/files/policybrief_irving_FINAL.pdf.
95. ACLU and Rights Working Group, "The Persistence of Racial and Ethnic Profiling in the United States," Aug. 2009, at 28, http://www.aclu.org/pdfs/humanrights/cerd_finalreport.pdf.
96. Id.
97. National Conference of State Legislatures, Immigrant Policy Project, 2010 Immigration-Related Laws and Resolutions in the States (January–June 2010), http://www.ncsl.org/default.aspx?tabid=20881.
98. Arizona, S.B. 1070, Section 1 – Intent, available at http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf.
99. See VotoLatino http://www.votolatino.org/sb-1070-copy-cat-legislation. (last visited Feb. 24, 2011).
100. The Arizona Association of Chiefs of Police Statement on Senate Bill 1070, http://www.leei.us/main/media/AACOP_STATEMENT_ON_SENATE_BILL_1070.pdf.
101. Nicholas Riccardi, "Arizona's Immigration Law May Spur a Showdown" Los Angelest Times, April 23, 2010, http://articles.latimes.com/2010/apr/23/nation/la-na-obama-immigration-20100424.
102. Press Release, ACLU and Civil Rights Groups File Legal Challenge to Arizona Racial Profiling Law, May 17, 2010, http://www.aclu.org/immigrants-rights-racial-justice/aclu-and-civil-rights-groups-file-legal-challenge-arizona-racial-pr.
103. Press Release, Department of Justice, Citing Conflict with Federal Law, Department of Justice Challenges Arizona Immigration Law," http://www.justice.gov/opa/pr/2010/July/10-opa-776.html.
104. U.S. v. State of Arizona, 10-CV-1413, Order preliminarily enjoining the State of Arizona and Governor Brewer from enforcing sections of Senate Bill 1070, http://www.azcentral.com/ic/pdf/0729sb1070-bolton-ruling.pdf. To date, no other state has passed a law replicating S.B. 1070, and several states that were moving that direction are reassessing their position. Confronted with budgetary problems, these states are, among other things, concerned with the cost of implementing such a statute, as well as the potential for legal challenges. See Lois Romano, "Arizona Inspired Immigration Bills Lose Momentum in Other States," Washington Post, Jan. 29, 2011.
105. Dylan Smith, "Brewer Files SB 1070 Appeal," Tucson Sentinel, July 29, 2010, http://www.tucsonsentinel.com/local/report/072910_brewer_1070_appeal.
106. Civil Rights Division, U.S. Dep't of Justice, Guidance Regarding the Use of Race by Federal Law Enforcement Agencies (2003), at 1, http://www.usdoj.gov/crt/split/documents/guidance_on_race.php.
107. Press Release, Racial Profiling Guidance: "Useful First Step" on the Road to Enacting Compreshensive Federal Legislation, June 18, 2003, available at http://www.civilrights.org/press/2003/racial-profiling-guidance-useful-first-step-on-the-road-to-enacting-comprehensive-federal-legislation.html.
108. Id.
109. Hearing entitled "Oversight of the Department of Justice," Before the Committee on the Judiciary United States Sentate, Statement of Eric H. Holder, Jr. Attorney General, Nov. 18, 2009, at10, www.justice.gov/olp.sjc-oversight.pdf.
110. The argument made by some defenders of racial profiling that minorities commit more violent crimes than Whites ignores the nature of racial profiling, which has nothing to do with violent crime. In the violent crime context, racial profiling is rare because it is unnecessary. Such crimes typically feature a complaining victim who provides police with a specific suspect description. In contrast, profiling is used to address offenses without complaining witnesses—in particular drug-related crimes. And, while there is clearly a connection between certain acts of criminal violence and the drug trade, the incidence of violent crime is less a function of who uses or sells drugs than of who lives in poor and dangerous neighborhoods.
111. Campbell Brown, "Investigating the Christmas Day Terror Attack: Obama Administration Downplaying War on Terror?" CNN, Dec. 30, 2009, http://transcripts.cnn.com/TRANSCRIPTS/0912/30/ec.01.html.
112. United States v. Brignoni-Ponce, 422 U.S. 873 (1975).
113. Congressional Research Service, "State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070," May 3, 2010, at p. 23. The Court indicated, however, that a different conclusion might be reached at locations further removed from the U.S.-Mexican border with different population demographics. Id. In 2000, the Ninth Circuit ruled that the border patrol could not take Hispanic origin into account when making stops in southern California, concluding that in areas "in which the majority—or even a substantial part of the population—is Hispanic," as was the case in southern California, the probability that any given Hispanic person "is an alien, let alone an illegal alien, is not high enough to make Hispanic appearance a relevant factor in the reasonable suspicion calculus." Id. This ruling would seem to preclude Arizona law enforcement authorities from using Hispanic origin as a relevant factor in the "reasonable suspicion" test under S.B. 1070, at least in areas with population demographics similar to those in southern California. The Ninth Circuit's ruling goes further than the position taken by Arizona Governor Jan Brewer in an executive order issued on the same day that she signed S.B. 1070 into law, which stated that "an individual's race, color or national origin alone cannot be grounds for reasonable suspicion to believe that any law has been violated." (emphasis added) Arizona State Executive Order 2010-09, Establishing Law Enforcement Training for Immigration Laws, Apr. 23, 2010, available at http://www.azgovernor.gov/dms/upload/EO_201009.pdf.
114. Aaron Terrazas & Jeanne Batalova, Migration Policy Institute, "U.S. in Focus: The most up-to-date frequently requested statistics on Immigrants in the United States, 2008," http://www.migrationinformation.org/USFocus/display.cfm?ID=714#8.
115. "Army Veteran Subjected to Intrusive Body Search By Detroit Police Settles Case," ACLU of Michigan Newsletter, Spring 2009, at 1, http://www.aclumich.org/sites/default/files/file/newsletters/spring2009newsletter.pdf.
116. Jim Yardley, "Some Texans Say Border Patrol Singles Out Too Many Blameless Hispanics," New York Times, January 26, 2000 (quoting Judge Hinojosa), http://www.nytimes.com/2000/01/26/us/some-texans-say-border-patrol-singles-out-too-many-blameless-hispanics.html.
117. David A. Harris, Profiles in Injustice, 98–99 (2003).
118. Id. at 102–06.
119. "Arab Travelers Alter Habits While Flying," Associated Press, Sept. 11, 2002.
120. Lamberth Consulting, "Racial Profiling Doesn't Work, http://www.lamberthconsulting.com/about-racial-profiling/racial-profiling-doesn't-work.asp.
121. See "Study Says Police Misuse Immigration-Inquiry Rule," supra note 76.
122. See "The Persistence of Racial and Ethnic Profiling in the United States," supra note 95.
123. Bill Dedman, "Words of Caution Airport Security: Memo Warns Against Use of Profiling as Defense," Boston Globe, Oct. 12, 2001.
124. Id.
125. Professor David Harris, testimony before the House Judiciary Committee Subcommittee on the Constitution, Civil Rights and Civil Liberties, "Ending Racial Profiling: Necessary for Public Safety and the Protection of Civil Rights," June 17, 2010, http://judiciary.house.gov/hearings/pdf/Harris100617.pdf (hereinafter Harris testimony).
126. Anita Khashu, Police Foundation, "The Role of Local Police: Striking a Balance Between Immigration Enforcement and Civil Liberties XII" (2009), http://policefoundation.org/indexStriking.html; see also Press Release, ACLU of Florida, "Lake County Sheriff's Office Investigation of Immigrant Mother's Unlawful Arrest and Detention a Whitewash, Says ACLU" (April 2, 2009) (describing a case in Florida where local police, responding to an emergency call reporting domestic violence, assumed the authority to enforce immigration laws and did not follow Florida's statutory requirements for dealing with domestic violence resulting in fear among victims and witnesses to domestic violence and other crimes in the community), http://www.aclufl.org/news_events/?action=viewRelease&emailAlertID=3725.
127. As one commentator has suggested, the federal government could easily allay the fears of Arab immigrants who are here without authorization, by promising to use the information gathered through the registration process only to fight terrorism and not to enforce the immigration laws. See Sadiq Reza, "A Trap for Middle Eastern Visitors," Washington Post, Jan. 10, 2003, http://old.nyls.edu/pages/744.asp.
128. See Harris testimony supra note 125, at 2.
129. Id. at 2–3.
130. See "Investigating the Christmas Day Terror Attack," supra note 111.
131. Editorial, "Hindsight and Foresight," Fort Worth Star Telegram, Sept. 20, 2001 (citing historians Debra LaFountaine and Pei P. Wang).
132. See supra note 9 and accompanying text.
133. ERPA 2001 – End Racial Profiling Act, HR2074/ S.989/ (107th Congress, 1st Session) http://www.gpo.gov/fdsys/pkg/BILLS-107s989is/pdf/BILLS-107s989is.pdf.
134. Then-Senator Obama was a co-sponsor of ERPA in 2005 and again in 2007.
135. H.R. 5748, available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h5748ih.txt.pdf.
136. Id. at 4.§2(6).
137. Id. at 8.§102(a)(b).
138. Id. at 19–20 § 602.
139. Hilary O. Shelton, testimony before the House Judiciary Committee Subcommittee on the Constitution, Civil Rights and Civil Liberties, at 3, June 17, 2010, available at http://judiciary.house.gov/hearings/pdf/Shelton100617.pdf.
140. See e.g., testimony of Deborah Ramirez before the House Judiciary Committee Subcommittee on the Constitution, Civil Rights and Civil Liberties, June 17, 2010, http://judiciary.house.gov/hearings/pdf/Ramirez100617.pdf ; testimony of Amardeep Singh before the House Judiciary Committee Subcommittee on the Constitution, Civil Rights and Civil Liberties, June 17, 2010, http://judiciary.house.gov/hearings/pdf/Singh100617.pdf.
141. "Wrong Then, Wrong Now: Racial Profiling Before and After September 11, 2001," The Leadership Conference on Civil Rights Education Fund, at 34, http://www.civilrights.org/publications/wrong-then/racial_profiling_report.pdf; ACLU and Rights Working Group, "The Persistence of Racial and Ethnic Profiling in the United States," Aug. 2009, at 69.
142. H.R. 2074/S. 989, 107th Congress, 1st Session, June 6, 2001, §§ 201 and 302.
143. H.R. 5748, http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h5748ih.txt.pdf, at 8,§201(b)(2)(3).
144. Id. at 9, §301(b)(2)(3).
145. See, e.g., H.R. 2074/S. 989, 107th Congress, 1st Session, June 6, 2001, § 201; S.2138, 109th Congress, 1st Session Dec. 16, 2005, § 302; H.R. 4611, 110th Congress, 1st Session, Dec. 13, 2007, § 302.
146. H.R. 5748, http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h5748ih.txt.pdf, at 9, §201(b)(4).
147. Id.
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