wrong, as usual Spanks

Posted on: May 22, 2018 at 13:05:03 CT

http://tigerboard.com/boards/view.php?message=15628909

On April 26, 2013, the Secretary of the Department of Homeland Security (DHS) issued a policy on “Nondiscriminatory Law Enforcement and Screening Activities.” The DHS policy defines “racial profiling” as the invidious use of race or ethnicity as a criterion in conducting stops, searches, and other law enforcement, investigation, or screening activities. The policy notes “racial profiling is premised on the erroneous assumption that any particular individual of one race or ethnicity is more likely to engage in misconduct than any particular individual of another race or ethnicity.”

Consistent with the DHS policy, CBP personnel may use race or ethnicity when a compelling governmental interest is present and its use is narrowly tailored to that interest. National security is per se a compelling interest, but use of race and ethnicity to serve compelling interest must still be narrowly tailored. Race or ethnicity-based information that is specific to particular suspects or incidents or ongoing criminal activities, schemes, or enterprises may be considered. These standards are designed to ensure that racial and ethnic stereotypes will not be used in conducting stops, searches and other law enforcement activities, but that law enforcement officers rely on specific and trustworthy information to make law enforcement decisions.

Those principles relate to the consideration of race or ethnicity, which is distinguished from the consideration of nationality. Using nationality for anti terrorism, customs, or immigration activities in which nationality is expressly relevant to the administration or enforcement of a statute, regulation, or executive order to trigger screening, inspection, or investigative steps is entirely appropriate and needs no further justification.

In addition, this policy does not in any way limit the individualized discretionary use of nationality as a screening, investigation, or enforcement factor. Therefore, the use of nationality is appropriate for the vast majority of situations encountered by front-line CBP personnel and those supporting them in their day to day operations.

Nationality was not even a consideration