May 18, 2010 – South Asian Americans Leading Together (SAALT), a national organization whose mission is to elevate the voices and perspectives of South Asian individuals and organizations to build a more just and inclusive society in the United States, submitted written testimony to the House Committee on the Judiciary regarding the impact of profiling on the South Asian community. Convened by Congressman John Conyers, Chairman of the Committee, this was the first hearing in the House of Representatives on the issue of profiling in nearly a decade.
Various witnesses testified about the ineffectiveness of profiling for law enforcement and its impact on a range of communities. Amardeep Singh of The Sikh Coalition are subjected to additional screening by the Transportation Security Administration and recounted an incident where his 18-month old son’s belongings were searched by airport officials. Farhana Khera of Muslim Advocates conveyed the chilling effect that surveillance and border questioning has had on the Muslim community’s First Amendment rights.
"SAALT commends the convening of this hearing on the use of profiling by law enforcement, which has resulted in discrimination against various communities of color, including the South Asian community," said Deepa Iyer, Executive Director of SAALT. "As the witnesses attested to, profiling is not only unfair and unconstitutional, but it is also a wasted use of limited law enforcement resources and strains relationships between the government and affected communities. We hope that this hearing can lay the foundation for Congress to support federal legislation that eliminates profiling in the various contexts where it arises."
Profiling is a tactic employed by law enforcement to target individuals or communities for suspicion based upon characteristics unrelated to criminal conduct, such as race, religion, ethnicity and national origin. Such practices have long curtailed the rights of African-Americans and Latinos in this country. Since September 11th, the South Asian community has been affected by profiling in various contexts, including additional secondary screening of passengers at airports; travelers being subjected to intrusive questioning at the border; FBI surveillance and interrogation; local law enforcement targeting youth in schools; and federal, state, and local immigration policies that result in profiling.
Despite evidence regarding its detrimental effects, such activities continue because existing anti-profiling policies have significant gaps. The Department of Justice’s (DOJ) 2003 Guidance against profiling contains significant exceptions in the context of national security and the border and does not cover profiling based on religion or national origin. In addition, Congress has yet to pass federal legislation that categorically prohibits the practice.
What can South Asian community members do?
There are a few simple steps that community members can take to ensure that our country’s laws are strengthened in order to prevent policies and practices resulting in profiling:
- Tell DOJ to strengthen its anti-profiling policies: Individuals can sign the petition to DOJ to make the government’s anti-profiling policies stronger, including tightening the national security loophole and covering profiling based on national origin and religion in the DOJ Guidance.
- Share your story: If you have been affected by profiling, let SAALT know so that we can convey its impact to lawmakers in garnering support for federal legislation banning its practice. Share your story at info@saalt.org.