The history of racism and discrimination is a common occurrence in various parts of the globe since the early civilizations. Many people were persecuted because of their religion, race, belief, and sometimes, because of their skin color. Westerners had developed this thinking when the colonialization period took place, and as they navigated towards the east. Each country has its own history of racial discrimination and even though it is deemed as an act against human rights, there are still racist thinking amongst people especially if certain events that has been perpetuated by a specific race or group. These days, people who hold resentments to other races have come up with various ways to show these sentiments. One of these methods is racial profiling, wherein some people check one’s racial features before giving punishment or acting. Law enforcement has been pointed out by many racial profiling victims to be the ones at fault in related cases, but this is vehemently denied. Why is racial profiling still prominent? Are there any laws pertaining to the prevention of these cases? Although many politicians still state that racial profiling is no longer practiced in the Western region, especially in the United States, there are still those who practice it because of the misconceptions pertaining to these races and their similarities with those that cause them to fear and feel threatened to.
For this paper, the discussion will comprise three parts. The first part will discuss the nature of racial profiling, from its history to the nature of the act. The second part comprises racial profiling right after the September 11 tragedy, which has been reported to have the highest cases of racial profiling especially incidence for the Arabs. The final part of the paper is concentrated in identifying if there is a possibility to end the problem of racial profiling. With many influential factors contributing to racist thinking, it may be a hard battle. It is important to first discuss and identify the nature and history of racial profiling.
What is Racial Profiling?
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The term “racial profiling” refers to one using another person’s race as a factor to determine the steps on preventing a crime to determination of those who needs to be investigated. Normally, this is done by law enforcement officers as they criticise the people to check, interrogate, or defame for “supposed” mysterious air by the person. It is a common assumption in the United States that racial profiling no longer exists in the country as it should have been gone alongside the age of slavery, Civil War and the various civil rights movements present in recent years. Laws have also been passed in the country such as Bill 2481 or the End Racial Profiling Act, which prohibits racial profiling. Under the said bill, racial profiling means it is a “practice of a law enforcement agent relying, to any degree, on the race, ethnicity, national origin or religion in selecting an individual to subject to routine and investigation unless there is certain evidence.” Despite this law in place, there are still records of racial discrimination in the country. The American Civil Liberties Union, for example, has listed that many minority drivers in the region of Rhode Island were stopped by law enforcers in checkpoint areas.
Racial profiling in the United States can be dated back several years ago, in the 1970s, wherein the practice of roads and highways near the Mexican-American border were patrolled by immigration officers. Politicians in the 1970s were concerned with the number of immigrants from the Latin American region which is why they had the INS Border Patrol had undergone into retraining, tasked to narrow down immigrants traveling by land through three positions: the check point, the temporary checkpoint, and the moving patrols in and out of the border. All of these positions check travellers if they have the actual papers to get inside the country legally or not. These checkpoints are also placed in strategic points that would enable border patrol to see every car driving in the highway. These checkpoints are also easily determined because of their black-on-yellow signage, as well as flashing lights. Point agents are also stationed in specific checkpoints, and they would move in once the car is in a complete stop in a checkpoint. The problem begins with these point agents as they would only select specific motorist for a more intimate and deep investigation. These point agents would bring these “suspected” illegal motorists or immigrants to another inspection area so they can check their citizenship, immigration status, and why they are going to the United States. Depending on the answer of the motorist, the investigation would only last up to five minutes. If the point agent did not get satisfied with the answer, the motorist would be arrested even if the papers are checked properly in the various checkpoints before the point agent comes in .
This practice done by the Border Patrol officers, especially around the 1970s, became an issue to many civil rights advocates as many arrested immigrants were only sent to jail just because of their Mexican or Latin American heritage. This was even cited as the reason for some to be selected for further questioning, even if the questions were misleading and conspicuous. This was denied by the Border Patrol officials cited in court, as they are only doing their job properly and those who have been arrested did not answer their questions truthfully, or they have a secret agenda behind their entrance to the country. Human rights groups did not like this reasoning and pointed out that all point agents questioning must not last longer than one minute and there must be no search done unless the agent can produce significant and hard evidence that the immigrant has illegal reasons for entering the country. Some have even argued that Border Patrol agents must only detain or search a vehicle or the person if there is consent from the immigrant or the evidences are produced.
Two cases have been prominently known to have challenged the US Fourth Amendment and the jurisdiction of the Border Patrol Units- the Brignoni-Ponce Case in 1975 and the Martinez-Fuerte case in 1976. Both cases were done due to the racial profiling done by the patrol agents to the plaintiffs, but the decisions for both cases clearly shown that profiling of any sort, including racial profiling, was legal and a legitimate police technique to easily sort out those who have a questionable personality. As far as the position of civil rights advocates, the decisions were unrequited and had no basis on them . Politicians have seen the wave of protests pertaining to the decisions of the Supreme Court over these rulings and one of the most notable actions by the politicians is the US-Mexico agreement wherein both President George W. Bush and Vicente Fox of Mexico, declared Mexican immigrants are allowed to immigrate to the country. Since then, there were massive movements to impose the government to stop racial profiling .
Aside from the Mexicans, African-Americans and even the Hispanics were also targeted by Americans who hold racist thinking over these various races in their country. African-Americans have the history of being made as slaves by the Whites, which even led to the segregation of Blacks and Whites and the Black movements in the early 1980s. Their instances of profiling are different as this occurs either on a daily basis or on certain circumstances. There have been some reports that racial profiling victims were only suspected of stealing from a department store because they were Africa-American. Others were stopped by traffic enforcers and were asked to move aside or be directed to a police station for clearing. Police stops were the most common instance of racial profiling cases done to various races. Some of these victims see it as an injustice in their part as the United States, for example, hosts various races throughout the years and many have already cross-married to these races. Considering that the country is known as the land of the Free, these racial profiling cases should not be allowed as this violates one’s right for freedom and justice. The government has tried to work on various proposals to get racial profiling addressed as a serious offense on human rights. However, questions have been raised as to how this can be done.
The first problem is how racial profiling must be defined as there have been various definitions of racial profiling, which have been used by many racists to use against those they pick as targets. It can also be defined through stating that all law enforcement activities and practices that concentrate on a particular race may be a generalized definition. This alone can be given another meaning by many law enforcers, given that they may leave out specific details like ethnicity, gender and belief. There is also a question on the practice itself. Studies have pointed out that racial profiling can be a common practice for many law enforcers specifically because the race or group in question is recorded to commit more traffic violations which are why there is a developed habit in law enforcers. Many reports can support this claim as there have been many reports that Black Americans are reported to have many traffic violations, most of them are young drivers . Accountability on the part of the government is also raised as a topic of concern for many since there should be a reason why racial profiling became a practice for many law enforcers. Others feel that it should be blamed on the superiors of these law enforcers as they were the ones who trained, ordered and established the procedures these men follow. It is crucial to find a way to make sure these agency and department heads adhere to the laws on racial profiling. There are those who believe that racial profiling could only be eliminated if the consequences for those who practice and advise it would be severe. Finally, many question if the federal government is up for the task of creating policies and legislation to protect the various races in the country, as well as those who visit or immigrate. Many anti-racial profiling advocates have believed that without a powerful and effective law to back up their anti-racial profiling intentions. Legislation is seen as an important foundation to end racial profiling and the problems attached to it .
September 11, 2001
Even before the fateful September 11, 2001 tragedy, the act of racial profiling, especially for the Arabs and those from the Middle Eastern countries are still on-going. Many civil wars, uprisings, and administration tyranny has affected the Western concept of what the Arabs and Middle Easterners are. Asians are also affected by this as some still believe that the West is more powerful than those from the East. However, the resentment for those who practice Islam is in the minds of many politicians given the nature of the Middle Eastern region. Various Muslim sects have tried to push away the Western troops in the belief that these Westerners have no right over regional wars and their presence only causes unnecessary changes in the century old Arab-Islam tradition. For the Western powers, these claims are untrue as they are trying to make sure independence and equality happen in these regions. Nevertheless, the resentment of both sides to each other has continued to reign even after the 2001 tragedy. However, for those who were staying in the United States, they had an agreement with then President George Bush to discuss possible solutions to the racist treatment in the Muslim community. President Bush has even pledged his acceptance to the proposals and vowed to eradicate the Secret Evidence Act of 1995, used by many to question Muslims. Muslims have voted for Bush due to his pledge. However, this position of Bush changed upon 9/11. There have also been debates that racial profiling must be ended and condemned by the national government. The public has even agreed that the act was against the morals of any religion and an act that degrades a person, even if he is at fault for any reason.
9/11, the first documented terrorist attack against the United States and the first to even kill hundreds of lives since the War, changed the American government’s pledge to help equality in all the various races and ethnic groups in the country. As it was noted that the terrorist hijackers were from Arab regions, stringent laws were immediately put into law that affects the civil rights of many Arabs and Muslims. In addition to this, Executive Order 1994 and Anti-Terrorism and Effective Death Penalty Act of 1995 also confined the Arabs and Muslims further in the fear of the American government that they are conspiring against them and the Western continent. Bush also imposed various laws such as the US Patriot Act that caused discrimination over the Muslim community, although it was not directly stated in the said act. Many have been recorded to have been singled out in their school, work, airports, and even while they are doing their daily activities. Charities hosted by Muslims are also affected by the new laws because of the claim they may be supporting a terrorist group, a guise used by many of these vigilantes to gain their funds. Even the donors have been singled out by the government, in the fear they are conniving secretly through their donations. The USA Patriot Act also caused several Muslim or Islamic institutions to close down, and ironically did not charge these organizations with criminal offenses. The government simply froze the capacity of the group to operate, even without subsequent evidences that may prove their guilt .
Aside from the US Patriot Act and the various related policies, the US government also used immigration tactics to profile Muslims, Arabs, and Asian communities and put them all under interrogation and sometimes, deportation. The most powerful and known tactic is known as the National Security Entry-Exit Registration System, a requirement for particular non-immigrants from Muslim countries to register in their native foreign affairs offices in the country, as well as in their port of entry. This registration includes fingerprinting, photographs, and a short interview as to their country of origin. The federal government stated that the NSEERS was not a method of racial profiling and it is just a regular immigration procedure. However, this is commented to be a false statement as it was never applied to various countries like originally intended, and it is only done in countries wherein Muslims are predominant. As far as the program is concerned, there is still no end to the NSEERS program and affects many immigrants to have low chances to become a naturalized citizens and deportation for those who did not know the program’s existence .
The public also shifted its position over the debate of racial profiling after September 11, given the dangers and risks presented in media mediums like newspapers and shows. Polls have shown that 60% of Americans, as well as the minorities in the country who were the first victims of racial profiling, agreed that Muslims and Arabs must be profiled and examined closely upon their entrance in the country. With the policies done by the federal government pertaining to racial and ethnic profiling, the public became more aware of the people they meet and accepted that profiling is important as a means to protect themselves from terrorists. The public’s perceptions of the 9/11 attacks can also be caused by the “terrorist” stereotype, which then affected their position over the racial profiling position. This stereotype also was affected by the notion that Middle Eastern regions and Muslims are against the Western powers and would stop at nothing to find an opening for them to attack. There are also the mainstream journalism issues and Islamophobic media programs that change the concept of many Americans and the minorities over the Muslims. Misinformation made them develop the racist beliefs and eventually profile the Muslims away from them .
This change in the public clashed with the declaration of the Department of Justice that racial profiling must not be done as it violates democracy and equality that must be given to every person. However, they pulled back by 9/11 as they ordered a detention of persons through their race and country of origin like how they acted in World War II with Japanese Americans. This declaration caused many Muslims and Arabs to be secretly deported, arrested, and investigated by the highest court. At least 5000 were also questioned and tortured for information for the possible connections to terrorists . For Canada, their actions against racial profiling is significant right after the 9/11 attacks as it reported in 2003 that they have arrested 23 individuals in the notion that they are part of the sleeper agents for their Operation Thread. The operation is known as the action by the Canadian government to single out the sleeper cells of the Al-Qaeda that has been tasked by Osama bin Laden to attack major installations and personalities in the West as part of their operation .
Conclusion
Racism is a trend that is not easily influenced by just laws and policies due to the history and nature of thinking of many citizens, especially those belonging in the Western developed countries. There may be laws that prohibit it, but as long as many do not realize the effects of these racist thoughts on others, it is a possibility that it may not be eliminated completely. In terms of racial profiling, it is possible to end the problem if only the problems identified by experts to strengthen the action against racial profiling. The laws many nations have that are supposed to end the problem do not have enough bite for people to take heed on these laws. Some even hold resentment in the extent they are not afraid of the consequences and feel that without doing something like this, they cannot feel assured.
It is important to teach people to understand that profiling people through their race, ethnicity, and belief is against all moral laws as men are all created equally. Preventing is possible of everyone will contribute to change, but without a strict enforcement, proper definition, and a workable strategy, eliminating it completely may take a while. With 9/11 still looming in the minds of many, it is important that this strategy eliminates all the misconceptions that all Arabs, Asians, and Muslims are terrorists since not all have the same beliefs as those who causes trouble in the Middle East or in any part of the globe. If this is continued, it is possible that these persecuted individuals do what is feared by many for them to do.
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