Statement of Curt Goering
Senior Deputy Executive Director, Amnesty International USA
September 13, 2004
Good morning. I'm Curt Goering, Senior Deputy Executive Director at Amnesty International USA. Today Amnesty International releases its first-ever report on racial profiling in the United States. After a yearlong investigation that included analysis of statistical data, Amnesty International has found that approximately one of every nine Americans has been victimized by racial profiling and that state and federal agencies, under the guise of fighting terrorism, have expanded the use of this degrading, discriminatory and dangerous practice.
Racial profiling is not new. But the government's reliance on it has grown dramatically since the September 11th attacks. Amnesty International's review of existing data shows that an estimated 32 million Americans -- a number equivalent to the population of Canada -- have been subjected to profiling. We estimate that 87 million Americans -- almost one of every three people -- are at high risk for such abuse.
Racial profiling is to the 21st Century what Jim Crow laws were to the last, turning entire groups of people into second-class citizens and denying them the rights to which we all are due.
Today, "driving while black or brown" -- that infamous law enforcement practice of targeting African American and Latino drivers -- has been joined by "worshipping while Muslim," "walking while South Asian," "driving while Native American," and "flying while Middle Eastern." When an eight-year old Boy Scout from Tulsa is singled out by airport security, separated from his family, and searched -- his soap box derby car torn apart in the process -- because he is Muslim, it's clear that the government's use of profiling has run amok.
Racial profiling violates human rights, undermines national security, and simply does not work. When law enforcement authorities focus on what people look like, what religion they follow, or what head garb they wear, officials may overlook suspect behavior, and that makes us all less safe.
The reality is that no one knows what the next terrorist or drug trafficker will look like. Racial profiling blinds law enforcement to real criminal threats and creates a hole in the national security net large enough to drive a truck through. Unless the federal and state governments end this pernicious practice, the frightening reality is that, with terrorist acts on the rise, the next truck may be loaded with explosives and the driver anyone but a Muslim or person of Middle Eastern descent. We are all at risk.
Let me tell you the story of Kimberly "Asma" Al-Hamsi, and later you will hear similar stories from several of our speakers. Ms. Al-Hamsi is a white American Muslim of German heritage who testified at hearings that Amnesty International held across the country. Ms. Al-Hamsi has multiple sclerosis, walks with a crutch, and wears a hijab. In the aftermath of September 11th, while waiting for a friend at a Grapevine, Texas, mall with her son, who is deaf and has cerebral palsy, Ms. Al-Hamsi was accosted by a man and two women. They yelled at her to go back home, saying she doesn't belong in this country.
As if that indignity were not enough, several plain-clothed officers then approached Ms. Al-Hamsi. She said that one officer grabbed her and told her she was being charged with terrorism, hate crimes and disorderly conduct. FBI agents were called in, and they questioned her about her ethnicity and her views on the war in Iraq.
With such outrageous behavior, it is no wonder that racial profiling creates fear in targeted populations. It even leads some to put themselves in harm's way rather than call law enforcement authorities in an emergency. We learned at our hearings about a Hindu-Punjabi Indian woman in her mid-60s who put out a fire in her kitchen by herself because she feared calling the fire department and a Pakistani-Muslim woman with a heart condition who said she would not dial 911 if she were having a heart attack.
Racial profiling undermines the safety of our communities by leaving in its wake victims who feel helpless, humiliated, depressed and angry -- contributing to the conditions that give rise to the very violence that the 'war on terror' is intended to combat. Surely the government has made few friends among the 13,000 men and boys who have been deported or are in deportation proceedings after being discriminatorily chosen for enforcement of immigration laws after September 11th.
Various government programs targeting Arab, Muslim and South Asian men and boys in the 'war on terror' have yielded few tangible results, according to the staff report of the September 11th Commission. For example, investigations under the federal Absconder Apprehension Initiative of 6,000 people who were subject to final deportation orders led to 14 cases being referred to the FBI for further investigation relating to possible terrorist links -- and not a single case was prosecuted. No individual scrutinized under the Visas Condor Program, which mandated additional security screening for certain visa applicants from 26 predominantly Muslim countries, has ever had his or her application rejected on the grounds of being a terrorist.
The government's use of racial profiling also blinds law enforcement authorities to potential threats from those who do not fit the profile. Did so-called "American Taliban" John Walker Lindh, a white man who grew up in affluence outside San Francisco, fit the profile?
Or ask Mike German, a veteran FBI agent with expertise in investigating white supremacists and militia groups. He charges that the FBI first ignored and then botched an investigation into information he had received that suspected members of a militia group were plotting to support a major Islamic terrorist organization. As white men, they did not fit the profile either.
Racial profiling also fails in other arenas. During the tragic sniper attacks in Washington two years ago, police officers were looking for an antisocial white male, the standard profile of a serial killer. Indeed, shortly after the arrest of two black men ultimately convicted of these crimes, the police chief's candid comment that "We were looking for a white van with white people, and we ended up with a blue car with black people" raised questions about whether racial profiling inadvertently enabled the snipers to continue their killing spree.
Eliminating the use of profiling would likely make law enforcement more effective in the 'war on terror.' Take the experience of the US Customs Service, which four years ago stopped using race in deciding which people to stop and search and began using a list of suspect behaviors. As Ms. Harris will discuss, the agency's shift to behavior-based profiling techniques increased the rate of successful searches by more than 300 percent.
In 2001, with great fanfare, President Bush pledged to end racial profiling. "It's wrong," he said, "and we will end it in America." Sadly, he has failed to fulfill this promise or to enforce virtually any aspect of his directive to the Justice Department to end profiling practices.
Last July, the president boasted that he was the first president to ban racial profiling in federal law enforcement. That claim simply does not hold up: the federal policy does not cover profiling based on national origin or religion, does not include any enforcement mechanisms, and contains a blanket exception for "national security" and "border integrity" -- a loophole big enough to drive that truck through.
Moreover, state laws are woefully inadequate. Twenty-seven states have no laws banning racial profiling, and only four states ban religious profiling. Half of the 23 states that have racial profiling laws have failed to ensure that these laws are comprehensive or even have a definition of profiling that enables the ban to be enforced effectively.
As we release our report today, Amnesty International is mobilizing its members to urge Congress to take a stand by passing the End Racial Profiling Act of 2004, and we will press state legislators to create effective laws banning racial profiling in their communities. We ask the Bush Administration to finally live up to its promises by asking Congress to pass this or similar legislation and by signing it into law. The US government must send a forceful message against discrimination and abuse of human rights of all its citizens no matter who they are, how they are dressed, or what they believe. The time to end this shameful practice is now. Our very lives may depend upon it. Thank you.
http://www.amnestyusa.org/news/docum...256F0F0047D8E7