1 Unless otherwise indicated, the terms "racial profiling" and "profiling" are used interchangeably in this Report. This terminology is not meant to suggest that all criminal profiling is wrong; the consideration of statistically relevant non-racial factors in solving crimes is of course appropriate, and, as discussed below, even the consideration of race is permissible as part of a suspect-specific description.
2 The terms "Black" and "African American" are used interchangeably in this Report, as are the terms "Hispanic" and "Latino."
3 In a 1999 Gallup Poll, 77 percent of African Americans believed that racial profiling was widespread and 56 percent of White Americans agreed. David A. Harris, Profiles in Injustice: Why Racial Profiling Cannot Work (The New Press 2002) (hereafter Profiles in Injustice), at 121, n.71. See also Julia Vitullo-Martin, "Fairness Not Simply a Matter of Black and White," Chicago Tribune, November 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 minority conservatives, such as African American commentator Armstrong Williams have acknowledged the existence of, and the need to eliminate, racial profiling. E.g., Armstrong Williams, "Police and Profiling," The Washington Times, March 24, 2001.
4 Eric Ferkenhoff and Noah Isackson, "Ashcroft Calls on Police to End Racial Profiling," Chicago Tribune, April 7, 2001.
5 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.
6 H.R. 2074/S. 989, 107th Cong., 1st Sess. (June 6, 2001).
7 E.g., The Traffic Stops Statistics Study Act of 1999, H.R. 1443, 106th Cong., 1st Sess. (April 15, 1999) (sponsored by Rep. Conyers).
8 See, e.g., Stuart Taylor, Jr., "Points of View," Legal Times, November 5, 2001. See also Kathleen Parker, "All Is Fair in This War Except for Insensitivity," Chicago Tribune , September 26, 2001.
9 Compare, e.g., Stuart Taylor, Jr., "Cabbies, Cops, Pizza Deliveries, and Racial Profiling," 32 Nat'l J. 1891 (2000) (arguing that profiling is unconstitutional) with Stuart Taylor, Jr., "Points of View," supra (arguing in favor of profiling in the terrorism context).
10 See the Trade Act of 2002, Pub. L. 107-216 (August 6, 2002), Section 341. The GAO Report on Customs Service Profiling is discussed in Chapter II.A.3, supra.
11 Profiles in Injustice at 8-10.
12 Gonzalez v. Los Angeles Police Dep't, No. 00-CV-1450 (C.D. Cal. 2000).
13 Profiles in Injustice at 6-8.
14 American Arab Anti-Discrimination Committee, Report on Hate Crimes and Discrimination Against Arab Americans (2003) (hereafter ADC Report), at 41.
15 Whren v. United States , 517 U.S. 806 (1996).
16 Profiles in Injustice at 21-23, 48-52 (describing evolution of profiling for drug-related crimes).
17 The definition of profiling as law enforcement activity that relies in part, as well as solely, on race (in the absence of a specific suspect description) was used in consent decrees entered into by the Department of Justice and those state and local law enforcement agencies that were sued by the Department in the 1990's for engaging in widespread profiling. See, e.g. , Consent Decree in United States v. State of New Jersey, Civil No. 99-5970 (MLC) (December 30, 1999), available at http: //www.usdoj.gov/crt/split/documents/jerseysa.htm, at 2.
18 See also Profiles in Injustice at 3-6 (discussing the case of U.S. District Judge Filemon Vela in Brownsville, Texas). As discussed below, immigration-related profiling of Hispanics and other immigrant groups has also become more common in the interior of the United States in recent years.
19 United States Department of Justice, Bureau of Justice Statistics, Contacts Between Police and the Public (2001) (hereafter Contacts Between Police and the Public) at 13.
20 Id. at 18.
21 David Cole, No Equal Justice: Race and Class in the American Criminal Justice System (The New Press 1999) (hereafter No Equal Justice), at 36 and n. 66. See also Profiles in Injustice at 60-62 and accompanying notes.
22 Profiles in Injustice at 61.
23 Id. at 55. These findings led statistician John Lamberth to conclude "the disparity outlined here is strongly consistent with the existence of a discriminatory policy, official or de facto, of targeting blacks for stops and investigation . . .." Id. at 56 (quoting Report of John Lamberth, Revised Statistical Analysis of the Incidence of Police Stops and Arrests of Black Drivers/Travelers on the New Jersey Turnpike Between Interchanges 1 and 3 from the Years 1988 Through 1991, at 26, 28).
24 Id. at 59.
25 No Equal Justice
26 Tina Daunt and Jill Leovy, "LAPD Offers 1st Data on Traffic Stops; Study finds Blacks and Latinos are Far More Likely to be Searched when Pulled over by Police," Los Angeles Times, January 7, 2003.
27 Bill Dedman and Francie Latour, "Traffic Citations Reveal Disparity in Police Searches," Boston Globe, January 6, 2003 (hereafter "Dedman and Latour"). Especially likely to be searched were Blacks or Hispanics driving in new cars. Id.
28 Tony Perry, "San Diego Traffic Stops Higher for Blacks, Latinos," Los Angeles Times , January 14, 2003.
29 Owen Good, "Hispanics' Vehicles Are More Likely To Be Examined," Rocky Mountain News , February 5, 2003.
30 See Profiles in Injustice at 48-53 (discussing Operation Pipeline and federal authorities' encouragement of race-based profiling).
31 Gary Webb, "DWB: Police Stops Motorists to Check for Drugs," Esquire, April 1, 1999.
32 Profiles in Injustice at 99.
33 Angela J. Davis, "Prosecution and Race: The Power and Privilege of Discretion," 67 Fordham L. Rev. 13, 27 (1998).
34 Ellen Goodman, "Simpson Case Divides Us By Race," Boston Globe, July 10, 1994 (quoting Professor Ogletree).
35 Office of the Attorney General, The New York City Police Department's "Stop and Frisk" Practices: A Report to the People of New York from the Office of the Attorney General (December 1999) (hereafter New York Attorney General's Report), at 94-100, 106.
36 See Los Angeles Police Department Field Data Statistics, Citywide, available at http://www.lapdonline.org , Chart 1.
37 Howard Chua-Eoan, "Black and Blue," Time, March 6, 2000.
38 Racial profiling has even reached into schools, where the tactic is used as a means of investigating gang-related activity. A particularly egregious example of such profiling occurred on February 22, 2001 at a Union City, California high school. Sixty mostly Hispanic and Asian students were rounded up and detained on suspicion of belonging to gangs, even though in many instances the students had no gang affiliations. The law enforcement officers' emphasis on race rather than on conduct was evidenced by the fact that among the students rounded up were White students uninvolved in gang activity, but who looked Hispanic and were with Hispanic friends. Deborah Kong, "School Roundup Illegally Targeted Asians, Hispanics, Say Students," Associated Press, February 4, 2003. See generally Profiles in Injustice at 135-139 (discussing gang-related profiling of Asian American youths).
39 See Profiles in Injustice at 208-213 (describing the experience of Bradley and other Black women with the Customs Service).
40 General Accounting Office, United States Customs Service: Better Targeting of Passengers for Personal Searches Could Produce Better Results (March 2000) (hereafter GAO Customs Service Report ) at 10, 15.
41 Id. at 12-13.
42 United States v. Brignoni-Ponce , 422 U.S. 873, 886-887 (1975) (citing statistics and noting that "the likelihood that any given person of Mexican ancestry is an alien is high enough to make Mexican appearance a relevant factor" in establishing reasonable suspicion for a stop).
43 National Council of La Raza, The Mainstreaming of Hate: A Report on Latinos and Harassment, Hate Violence, and Law Enforcement Abuse in the 90's (1999) (hereafter The Mainstreaming of Hate ). As discussed below, the focus of immigration enforcement has shifted somewhat to Arabs and Muslims since September 11, 2001. See Ch. III, below.
44 Id. at 26 (quoting Arizona Attorney General report).
45 Susan Sachs, "Files Suggest Profiling of Latinos Led to Immigration Raids," The New York Times , May 1, 2001.
46 Farm Labor Organizing Committee et al. v. Ohio State Highway Patrol, Case #: 96-CV-7580 (N.D. Ohio 1996). As the Chandler, Arizona, and Ohio cases indicate, the problems associated with immigration-related profiling have been exacerbated by the increased deputization of local law enforcement officers by the federal government to do immigration-related work. See generally, National Council of La Raza, Immigration Enforcement by Local Police: The Impact on the Civil Rights of Latinos (February 2003).
47 United States Census Bureau, "Resident Population Estimates of the United States by Sex, Race, and Hispanic Origin: April 1, 1990 to November 1, 2000" (August 25, 2000). The courts have recognized the obsolescence of the Brignoni-Ponce analysis. See, e.g., United States v. Montero-Camargo, 208 F.3d 1>122 (9th Cir. 2000) (use of Hispanic appearance is of such low probative value in an area where a substantial part of the population is Hispanic that it cannot be considered as a factor relevant to a determination of reasonable suspicion for a vehicle stop).
48 Testimony of Raul Yzaguirre, President, National Council of La Raza, on Racial Profiling, Senate Judiciary Subcommittee on the Constitution, Federalism and Property Rights, August 1, 2001 (hereafter "Yzaguirre Testimony"), at 1.
49 1996 Statistical Handbook of the Immigration and Naturalization Service (1997).
50 Profiles in Injustice at 3-6.
51 Id. at 5.
52 Id. at 58 (quoting Joe Donohue, "Trooper Boss: Race Plays a Role in Drug Crimes," Newark Star-Ledger , February 10, 1999). Superintendent Williams justified his statement by pointing out that when senior U.S. officials went overseas to discuss the drug trade, they went to Mexico and not to Ireland or England.
53 National Council of La Raza, Latinos and the Federal Criminal Justice System (July 2002) (hereafter Latinos and the Federal Criminal Justice System) at 3 (citing data from the Department of Health and Human Services).
54 Yzaguirre testimony at 1.
55 Latinos and the Federal Criminal Justice System at 3. See also Substance Abuse and Mental Health Services Administration, 2001 National Household Survey on Drug Abuse (noting that 7.4 percent of blacks, 7.2 percent of Whites, and 6.4 percent of Hispanics used illicit drugs in the preceding month).
56 K. Jack Riley, "Crack, Powder Cocaine and Heroin: Drug Purchase and Use Patterns in Six U.S. Cities," National Institute of Justice, United States Department of Justice (December 1997) at 1.
57 David A. Harris, "The Stories, the Statistics, and the Law: Why 'Driving While Black' Matters," 84 Minn. L. Rev 265, 296 (1999) (hereafter "Why 'Driving While Black' Matters") (citing National Institute on Drug Abuse, "Drug Use Among Racial/Ethnic Minorities" (1997)).
58Contacts Between Police and the Public at 22.
59 Profiles in Injustice at 80.
60 GAO Customs Service Report at 2.
61 New York Attorney General's Report at 111-117.
62 See Los Angeles Police Department Field Data Statistics, Citywide, available at http://www.lapdonline.org, at Chart 1.
63 Dedman and Latour, Boston Globe , January 6, 2003, supra n. 27.
64 See, e.g., Heather MacDonald, "The War on the Police . . . and How It Harms the War on Terrorism," The Weekly Standard (Vol. 7, Issue 16), December 31, 2001.
65 Interestingly, consent searches of the kind that accompany profiling on the streets or highways are unlikely to yield the discovery of large quantities of drugs, even when drugs are found at all. See Profiles in Injustice at 86 (noting that most drug seizures that accompany consent searches are of amounts that suggest personal use and not intent to distribute).
66 Violent crime rates are tied to poverty rates. See generally Marc Mauer, Race to Incarcerate (The New Press 1999) at 163-170. To the extent that violent crime rates are higher in Black neighborhoods, it is because Blacks in the United States are disproportionately poor. Id. This does not mean that they use or sell drugs more. In fact, the evidence shows that they do not.
67 Statistical Abstract of the United States, Tables 12 and 358 (comparing 1997 statistics) (1999). See also "Developments in the Law - Race and the Criminal Process," 101 Harv. L. Rev. 1472, 1508 (1988).
68 See, e.g., Heather MacDonald, "The Racial Profiling Myth Debunked," The City Journal , March 29, 2002, available at http://www.city-journal.org/html/eon_3_27_02hm.html (relying on unpublished study finding that Black drivers on the New Jersey turnpike are twice as likely to speed as White drivers).
69 Profiles in Injustice at 30-33 (noting, at page 32, that "[a] traffic offense is not a chance occurrence but an inevitability.")
70 Id. at 91-94.
71 Jim Yardley, "Some Texans Say Border Patrol Singles Out Too Many Blameless Hispanics," The New York Times, January 26, 2000 (quoting Judge Hinojosa).
72 Profiles in Injustice. at 98-99.
73 Id. at 102-106.
74 Kevin Robbins, "In Gallup Poll, Most Say They Believe Police 'Racial Profiling' Is Widespread," St. Louis Post-Dispatch, December 9, 1999.
75 Profiling may even dampen minority support for highway safety programs. A poll of Michigan drivers commissioned by the Michigan Office of Highway Safety Planning revealed that 61 percent of African American drivers and almost half of White drivers believed that Michigan's new seatbelt law might give the police an additional pretext to stop Black drivers. "Standard Enforcement - A Michigan Perspective," EPIC/MRA, Lansing, Michigan, January 2000 (cited in Profiles in Injustice at 12 1).
76 "While 'Driving While Black' Matters" at 297.
77 E.g., Bureau of Justice Statistics, United States Department of Justice, "Sourcebook of Criminal Justice Statistics 1997," at 338 (table 4.10), 422 (table 5.46).
78 "Latinos and the Federal Criminal Justice System" at 4.
79 "Why 'Driving While Black' Matters" at 303.
80 Marc Mauer, "The Crisis of the African American Male and the Criminal Justice System," Written Testimony Before the U.S. Commission on Civil Rights, April 15-16, 1999 (hereafter "Mauer Civil Rights Commission Testimony") at 2 (citing Marc Mauer and Tracy Huling, "Young Black Americans and the Criminal Justice System: Five Years Later," The Sentencing Project (October 1995)).
83 Jamie Fellner and Marc Mauer, Losing the Vote: The Impact of Felony Disenfranchisement Laws in the United States , Human Rights Watch and The Sentencing Project (October 1998), p.1.
84 Racial disparities in the criminal justice system also impair the effectiveness of the criminal justice system itself. Minorities are less likely to cooperate as victims or witnesses and less willing to serve as impartial jurors. These issues are discussed in Leadership Conference Education Fund's, Justice on Trial: Racial Disparities in the Criminal Justice System (2000) at 47-50.
85 All Arabs are not Muslim, and all Muslims are not Arab. Some Muslims that many Americans assume to be Arab are in fact not Arab - e.g., Iranians. And some Arabs that many Americans assume to be Muslim are not - for example, there are many Christian Arabs, including a majority of Arab Americans. Further, as noted above, some persons who many Americans assume to be Arab or Muslim, and who have been the subject of post-September 11 profiling, are in fact neither.
86 E.g., Heather MacDonald, "The War on the Police . . . and How It Harms the War on Terrorism," supra n. 64.
87 See Section II.D, supra.
88 ADC Report at 42.
89 Id. at 43.
91 A number of courts nationwide have held that principles of freedom of religion prevent the application of state concealed weapons laws to Sikhs carrying Kirpans. E.g., Ohio v. Singh, 690 N.E. 2d 917 (Ohio App. 1996).
92 Eric Noonan, "Sikh is Prosecuted for Sword," Boston Globe, October 11, 2001. The charges against Mr. Singh were ultimately dropped.
93 Id. at 40 (noting ADC's appreciation for the efforts of state and local law enforcement in the wake of September 11).
94 In a sense, this tactic reverses the traditional use of traffic stops as a pretext for investigating drug crimes. In the anti-terrorist context, investigation of the more serious activity (i.e., terrorism) ends up serving as a pretext for the punishment of less serious conduct (i.e., immigration violations).
95 The federal government acknowledged at one point that the number of detainees was in the range of 1200, although it has refused to give out specific information about how many persons were detained and why. This information has been sought by various civil rights groups under the Freedom of Information Act, a request that was upheld in August 2002 by a federal district court. Center for National Security Studies v. Department of Justice, 215 F.Supp.2d 94 (D.D.C. 2002). The government has appealed this ruling and the number of current and past detainees remains unknown.
96 Dan Eggen, "Delays Cited in Charging Detainees: With Legal Latitude, INS Sometimes Took Weeks," The Washington Post, January 15, 2002 (noting that a "significant number" of detainees waited over a week before being served with charging documents by INS).
98 ADC Report at 30.
99 Stuart Taylor, Jr., "War on Detainees? It's Wrong to Abuse Terror Suspects," Legal Times , December 10, 2001.
100 Testimony of Ali al Maqtari before the Senate Judiciary Committee, December 4, 2001.
101 Amnesty International, "Post 11 September Detainees Deprived of their Basic Rights," March 14, 2002, available at http: //web.amnesty.org/ai.nsf/Index/AMR510442002.
102 Another example of disproportionate application of the immigration laws against Arabs and Muslims is the INS' targeting of Middle Easterners among those who have been ordered deported but who have remained in the country - so-called "absconders." There are 315,000 "absconders" in the United States, only 6000 - less than two percent - of whom are from the Middle East. Yet when it was decided by the Bush Administration to enter absconders into the National Crime Database, these 6000 Middle Easterners were the first names entered. ADC Report at 34.
103 It has been argued that individuals who are illegally in the United States are not entitled to the full panoply of constitutional protections. See, e.g., I.N.S. v. Lopez-Mendoza, 468 U.S. 1032 (1984). It cannot be disputed, however, that undocumented aliens are entitled to a broad range of constitutional protections, including equal treatment under the law and due process (Yick Wo v. Hopkins , 118 U.S. 356 (1886); Plyler v. Doe, 457 U.S. 202 (1982)). Moreover, as the story of Ali al Maqtari demonstrates, individuals who are, or who are eligible to become, American citizens have also been caught up in the federal government's detention practices, as well as other post-September 11 limitations on due process.
104 "Memo Adds to Suspicion of Immigrants on Interviews," The New York Times , November 29, 2001.
105 ADC Report at 34.
106 See Fox Butterfield, "Police Are Split on Questioning of Mideast Men," The New York Times, November 22, 2001; Jodi Wilgoren, "University of Michigan Won't Cooperate in Federal Canvas," The New York Times, December 1, 2001. See also Michael Janofsky, "Cities Urge Restraint in Fight Against Terror," The New York Times , December 23, 2002 (noting the passage in many jurisdictions of resolutions urging the federal government to respect the civil rights of local citizens when fighting terrorism).
107 ADC Report at 34. See also Dan Eggen, "Interviews of Visa Holders Yield Little So Far," The Washington Post, December 8, 2001.
108 ADC Report at 34 (citation omitted).
109 As of February 2003, those countries are: Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syrian, Tunisia, the United Arab Emirates, and Yemen.
110 James Nash, "INS Frees Some Detainees; No Apology for Middle Easterners' Arrests," Los Angeles Daily News, December 20, 2002. The Los Angeles area has a large Iranian population.
111 Dan Eggen and Nurith Aizenman, "Registration Stirs Panic, Worry: Some Muslim Foreign Nations Risk Arrest to Meet INS Deadline," The Washington Post , January 10, 2003 (hereafter "Eggen and Aizenman").
112 Author's interview with anonymous relative of registrant (January 12, 2003). Islam, of course, forbids the eating of pork.
113 George Lardner, Jr., "Brookings Scholar is Detained by INS; Registration Rule Snags Pakistani Editor," The Washington Post, January 30, 2003.
114 The mixed advice provided Mr. Haider by U.S. officials adds yet another layer of unfairness to the process. As Mr. Haider himself said, "I did not know I was in violation of the INS policy. Brookings did not know I was in violation. My friends in the State Department did not know I was in violation. And if - even after following the policy closely and calling INS for information - we could not understand the law, what hope can there be for the cabdriver or the restaurant worker who doesn't have the leisure to discover the letter and intent of INS policies." Ejaz Haider, "Wrong Message to the Muslim World," The Washington Post , February 5, 2003.
115 See, e.g., Eggen and Aizenman ("The idea that this [program] has anything to do with security, or is something the government can do to stop terrorism, is absurd.")(quoting Harvard terrorism expert Juliette Kayyem).
116 Editorial, "The Wrong Way," The Washington Post, December 29, 2002.
117 107 P.L. 71, 115 Stat. 597 (November 19, 2001)
118 Profiles in Injustice at 141 and n. 37.
119 Id. at 141 and nn. 37, 38.
120 See id. at 140 (describing instances of "flying while Arab").
121 Id. at 141-144 (describing CAPS system).
122 The flight attendant claimed that the book on Middle Eastern history was in "Arabic-style print." The book was in fact in English. Bob Dart, "Agent Booted Off Flight Was Profiled by Pilot, Lawyers Say," Atlanta Journal-Constitution, January 4, 2002.
123 ADC Report< at 28.
124 Id. at 25.
125 Id. at 27.
126 Id. at 28.
127 See Bill Dedman, "Words of Caution Airport Security: Memo Warns Against Use of Profiling as Defense," Boston Globe , October 12, 2001 (hereafter "Warning Against Use of Profiling as a Defense") (quoting anonymous co-author of memorandum)
128 Id. See also David A. Harris, "Racial Profiling Revisited: 'Just Common Sense' in the Fight Against Terror?", Criminal Justice (Summer 2002), at 40-41 (calling "the observation of suspicious behavior" "the gold standard of traditional policing" and noting deficiencies in America's current intelligence-gathering and -analyzing infrastructure)
129 E.g., Stuart Taylor, Jr., "Points of View," Legal Times, November 5, 2001.
130 The level of law enforcement response to such a tip may depend on the credibility of the source or the specificity of the tip, as it does in the Fourth Amendment context. See generally Illinois v. Gates, 462 U.S. 213 (1983) (applying a totality of the circumstances test in determining the existence of probable cause). For example, a tip from a reliable source that a group of Arabs was plotting a terrorist act in a particular apartment building would surely provide a basis for law enforcement to question Arabs who lived in that building. On the other hand, a tip from an unknown source that Arabs were plotting terrorist acts in the Pacific Northwest is so general as to be useless, and should not provide a basis for law enforcement officials to detain all Arabs found in the Pacific Northwest.
131 ADC Report at 24.
132 Id. at 26.
134 "Arab Travelers Alter Habits While Flying," Associated Press, September 11, 2002.
135 See Frank H. Wu, "Profiling in the Wake of September 11: The Precedent of the Japanese American Internment," Criminal Justice (Summer 2002) (hereafter Japanese Internment) at 58 (noting that "the post-September 11 backlash of violence has revealed our collective carelessness in assaulting Indian Sikhs - neither Arab nor Muslim but persons who look like they might be Arab or Muslim because of skin color, accents, dress.")
136 "Warning Against the Use of Profiling as a Defense" (quoting Jerrold M. Post, director of the political psychology program at George Washington University).
137 For example, the detention of 500-1000 Iranians in Southern California aroused the ire of the Iranian community there, which consists largely of individuals who are opposed to Iran's current regime. The son of the former Shah placed a full-page ad in The Washington Post the week of the detentions condemning the "unfair targeting" of Iranian immigrants. See Editorial, "The Wrong Way," The Washington Post, December 29, 2002.
138 As one commentator has suggested, the federal government could easily allay the fears of Arab immigrants who are here illegally 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 Easterners," The Washington Post, January 10, 2003.
139 "Arab Travelers Alter Habits While Flying," Associated Press, September 11, 2002.
140 Vanessa Hua, "World's Tensions Take Local Toll: Security Measures Deter Foreigners from Traveling to the United States," San Francisco Chronicle , December 19, 2002.
141 "Author Cancels Tour After Searches," Chicago Tribune, November 4, 2002.
142 E.g., Clarence Page, "Sniper Suspect Reveals Faults in Profiling Myth," Daily Press, November 3, 2002 ("In the end it was old fashioned dogged police work and cooperation from the public and media that cracked the case.")
144 See "Warnings Against the Use of Profiling as a Defense" (noting that "[w]hat the assassins did have in common were behaviors: approaching targets, acquiring weapons, communicating intent") (emphasis added).
145 Editorial, "Hindsight and Foresight," Fort Worth Star Telegram, September 20, 2001 (citing historians Debra LaFountaine and Pei P. Wang).
146 Japanese Internment at 56.
147 It is also no answer to the problem to say that the burdens placed on Arabs and Muslims in the form of greater airport screening or registration requirements should be accepted because they are minimal. "What looks like a light touch to observers can feel like an awfully heavy hand to those who feel it." Id. at 57.
148 PERF Report at 8.
149 H.R. 118, 105th Cong., 1st Sess (January 7, 1997); H.R. 1443, 106th Cong., 1st Sess. (April 15, 1999).
150 H.R. 3981, 106th Cong., 2d Sess. (March 15, 2000). 151 Profiles in Injustice at 127-128, 191-192 (discussing San Diego's and other jurisdictions' anti-profiling efforts).