Racial Profiling Since 911
The racial profiling implies the discrimination by police to detail a person as suspect basing on the racial manifestations. In the present days the process of racial profiling has changed to a great extent. (Harris, 58) The racial profiling, till the present period was indicated towards the practice of police dragging over the black male drivers discriminately on the empirically valid but morally denounced hypothesis that they are more prone to be involved in crime. Presently, the very term is used parallel to the concept of racial discrimination. However, the racial profiling implies to anything specific that means logical discrimination that is racial prejudice with a non-racist justification. (Kinsley, p: B07)
The dependence on racial factor is quite hard to cabin or confine one aspect of law implementation. The racial profiles establish and reinforce popular labels about the inclination for criminality among the racial minorities. Popular labels are being resorted to vindicate the targeting of African-Americans, Latina/os, Asian-Americans, Native Americans, and Arabs and Muslims in law implementation activity. Regrettably, once the race is considered subject to an area of law implementation, it sometimes directly or indirectly affects the other areas as well. Depending upon the race of one group for targeted enforcement makes it open to justify the same process against other racial minority groups, even when the basis depended upon are quite different. (Johnson, 70)
The Americans were acknowledged the racial profiling before September 11, as a type of institutional discrimination that was continued for a long time without any resistance. Anti-profiling bills in one form or other have been enacted in thirteen states. Police originations all over the country had initiated to accumulate information on all traffic stops in order to perform better and without prejudice. Congress leader John Conyers, Jr., of Michigan and Senator Russell Feingold of Wisconsin have initiated End Racial Profiling Act of 2001, at the level of federal government that was directed towards addressing and reducing biased traffic stops through a complete, management-based, carrot-and-stick approach. The September, 11 incident necessitated radical reformulation of the racial profiling concern. The racial profiling suddenly was to be viewed not as the law implementation technique with isolation and hurting a particular group without doing anything substantial towards reducing the crime and drug; without being an instrument for ensuring national security particularly in the airports. (Harris, 58)
The dependence of the government on racial profiling has extended revolutionarily ever since the September 11 incident as observed by Curt Goering, the senior deputy executive director of the U.S. section of Amnesty. The assessment made by Amnesty International on the prevailing information reveals that about 32 million Americans as much as the total population of Canada are prone to racial profiling and that of 87 million Americans about one third of the population are vulnerable to such abuse. A concentration on the ‘War on terror’ declared following the incident of September 11, for the most part was on one group of people without any prejudice to the fact of individual involvement in terrorist activities. (Racial Profiling Much Worse since 9/11, Amnesty Says) The public debate with regard to the direction of the profiling has also reformulated from African-Americans, Latinos and other minorities alleged of domestic crime, particularly drug crime, to Arab-Americans, Muslims, and other Middle Eastern origin those posed to be the homicide hijackers of September 11. (Harris, 59)
In this way the Arab and Muslim infiltrates constituted new targets for the racial profiling and became vulnerable to racist acts, and denial of civil liberties. (Bai; Tang, 27) Before September 11, a majority of Americans about 80% were antagonistic towards the process of racial profiling. According to Michelle Alexander of the American Civil Liberties Union -ACLU of Northern California, a sudden turnaround in public opinion in that respect was quite evident ever since the occurrence of the incident. The opinion polls presently reveal that about 70% of Americans think that type of racial profiling is essential and agreeable towards guaranteeing public safety. The immigrant terrorists of Saudi Arabia, Egypt or Pakistan mostly in the age group of twenties and thirties are included in the profiling. Mostly they reside in the one of the six states viz. Texas, New Jersey, California, New York, Michigan, or Florida. (Davis, 18)
Most probably they are occupied with some sort of distrustful activities like training on flying lessons, obtaining a driver license. Fulfillment of at least one of these profiles is considered sufficient to interrogate. The struggle against terrorism is similarly active. The declaration for struggle in this regard allows the law implementation for racial profiling in line with the struggle against illicit drug trafficking and drug abuse. (Davis, 18) The war on terror in many ways is viewed as challenging especially with overlapping of immigration and criminal law enforcement. The supporting facts indicate that only the non-citizens were involved in the attacks of 9/11. Further they belonged to a particular religion and of a common racial and ethnic background. Like the criminal law implementation it also proved extremely difficult to limit the reliance on ‘race’ once it entered the law enforcement calculus. (Johnson, 72)
The potential abuse in law implementation is inherent in authorizing the law enforcement personnel to depend on the appearance of a person to categorize them into a certain racial, ethnic and religious groups. This is true more particularly when the victim could succeed in detecting the race of the perpetrator of the crime and the police also extensively depend on racial criterions in investigating the crime. ‘Race’ is too broader concept to be used for the law enforcement purposes. However, this appear to be one of the problems in the time immediately after September 11, with the federal government depending upon the facts of detecting any Arab and Muslim non-citizens that match the conditions of being young and male, non-citizen in the country particularly holding a certain type of visa. The law enforcement authorities never feel it essential to have any sort of individualized act of misdoings raising their suspicion. (Johnson, 73)
Within the short span of time immediately after the 9/11 incident, the Department of Justice propounded the rules amounting to an extensive program of preventive detentions. This has been observed to be the first ever large scale confinement of people belonging to a particular group on the basis of the nationality or descent since the mass captivity of Japanese-Americans during World War II. The federal agents spread through Arab, Muslim and South Asian neighborhoods countrywide dragging the men from sidewalks, as well as their homes, workplaces and mosques immediately within hours of the terrorist attacks. The interrogation and captivity thousands of persons were being carried out under an unparalleled mask of secrecy, leaving wives, children, classmates and employers wondering where these people had been taken. (Racial Profiling Much Worse since 9/11, Amnesty Says)
The Federal Bureau of Prisons imposed a ban on communications deterring the detainees from contacting family, friends, press and even the advocates. Moreover, in another action of almost unparalleled secrecy the attorney general ordered that the deportation hearings of immigrants deemed of special interests to the government should not be open to the public and the press, effectively concealing all immigration hearings of Arabs and Muslims. In a circumstance of harshly evocative are the disappearances of labor and student activists in Argentina during 1980s, Arab, Muslim and South Asian men that were grabbed off the streets of American cities. America now is having its own ‘disappeared’. (Racial Profiling Much Worse since 9/11, Amnesty Says)
An opinion poll performed during the last month by Ben Dixon and Association along with Amnesty could find out that the Arab-Americans are prone to the racial profiling with more intensity about three times more than the rest of the non-Hispanic white population and the Muslims are more prone to profiling particularly after September 11. (Racial Profiling: Testimony from Amnesty International USA’s hearings on Racial Profiling. Victims Accounts of Racial Profiling While Traveling Through Airports) The isolation consequent to the results from terrorism profiling is multiplying complexly and in an insensitive manner in which so far it has been carried out. As illustrated, most of the Arabs and Muslims those have attempted to cooperate with authorities and to conform to the law have consistently been met by oral and also physical abuse; complete tactlessness to their cultural and religious traditions; and a general lack of respect. As was in the circumstances of ‘driving while Black’ such dealings with the Arabs caused many of them to alter their behavior in order to avoid confrontations with authorities. A Lebanese man residing in Great Falls, Virginia, Khaled Saffuri expressed his experience of ensuring to shave closely and wear a suit every time he flies, keep his lips closed during flights and ensure not to go to bath room in the middle of journey and sometimes prefer long drives to avoid flying. (Wrong Now: Racial Profiling Before & After September 11, 2001)
Again about 50% of the Arab and Muslim Americans report that they understand government is resorting to the racial profiling with a view to scrutinizing the persons in security concerns. (U.S. Racial Profiling Both Wrong and Counter-Productive, Says Amnesty) Ever since the incident of September 11, 2001 an extensive increase in the racial profiling at airports is reported especially in case of people appearing to be Muslim or of South Asian or Middle Eastern descent. (Racial Profiling: Testimony from Amnesty International USA’s hearings on Racial Profiling. Victims Accounts of Racial Profiling While Traveling Through Airports) This is so acute that even some are fearful to travel with passengers appearing to be of Middle-Eastern. It has gone to such an extreme of cases that in one case a man going for the wedding of his brother in Pakistan was told to board down from his flight since the flight crew did not feel safe flying with you. He left the plane and missed the wedding feeling humiliated. As a sign of the extent to which the Americans are divergent from their consciences out of fear it was observed that even the African-Americans who have since long hated the very concept of racial profiling found themselves meticulously watching their fellow passengers appearing to be Arabs or Muslims in the period immediately following the incident of 9/11. (Chapter Six: The Struggle for Political Equality: What’s at Stake in Racial Profiling?)
One of the shocking illustrations was that of an eight-year-old Muslim Boy Scout of Tulsa, Oklahoma, being separated from his family caught hold by the airport security officials who snatched from him the soap box derby car and dismantled on the plea of security concerns. The boy was stopped as a matter of routine check and searched. (Racial Profiling Much Worse since 9/11, Amnesty Says) Even the experienced employees of the air ports belonging to such communities were not escaped while traveling with their families on vacations. The statement of Mahmoud El Rosoul, a Muslim American citizen at the hearing in Dallas is worth considering in this regard. Mr. El Rosoul has been engaged as an engineer for a major airline company for about 22 years. While returning from the family vacation in Hawaii, in March 2003, Mr. El Rosoul was interrogated at the checkpoint simple due to the reason that the tickets were marked by American Airlines. The family members including three children each of below 10 years old were dragged out of the line and were thoroughly searched. The prolonged search made them miss the flight and was compelled to spend the night in the airport at Los Angeles. (Racial Profiling: Testimony from Amnesty International USA’s hearings on Racial Profiling)
However, airplanes were not considered to be the only fields that the Arabs were marked out. The Arab-Americans or visitors were bothered on the streets, in their cars and even at home. They were dragged over by the police, cross-examined on trains, and nabbed at times in several times. Of course, many are freed soon; however, some are put into jail particularly in cases of immigration related accusations until they were finally exonerated. Still others particularly, come out to be associated with organizations those planned to terrorize Americans, making it difficult to perceive the process of racial profiling as a straight problem of right vs. wrong. (Chapter Six: The Struggle for Political Equality: What’s at Stake in Racial Profiling? )
In the case of Kimberly, ‘Asma’ Al-Hamsi, an American Muslim wearing a hijab and walking with a crutch in consequence to the multiple sclerosis, was detained with her son, deaf and suffering from cerebral palsy at a mall in Grapeice, Texas, by a man and a couple of women telling her that they do not belong to the country. As per her statement at the Amnesty hearings, the police in civil dress interrogated and told she was being charged with terrorism, hate crimes and disorderly conduct. The FBI agents were called in to interrogate her about her ethnicity and solicited her views on the war in Iraq, asking to which innumerable Arab and South Asian immigrants have been subject over the past several years. (U.S. Racial Profiling Both Wrong and Counter-Productive, Says Amnesty)
President George W. Bush after nine days of 9/11 incident declared that the nation should not be isolated for unfair treatment or unkind words basing on their racial or religious background. However, the state and local police data reveal that the hostility exerted were inexpressibly vocally. (Abowd, A5) The prejudice of U.S. government and private citizens against them are very extensive. (Harrington, 16) Many of the Arabs countrywide were complaining that they were spit on, threatened and even subject to armed assault. The police data, news reports and interviews with the community members revealed that some were even succumbed to death. (Abowd, A5) Some critics explicitly termed the profiling of Arabs and other Muslims as a technique to combat terrorism. (U.S. Racial Profiling Both Wrong and Counter-Productive, Says Amnesty) Following the incident of September 11, the very concept of racial discrimination those were viewed by most of conscious Americans to be the unacceptable and contradictory ideal of the national constitution are being regarded by most as the legal and the most efficient means of low enforcement in some circumstances. (Wrong Now: Racial Profiling Before & After September 11, 2001)
The persons detected by the Department of Homeland Security as the prospective terrorists are prone to state watching, detention, deportation, special reporting requirements and ‘voluntary interviews’. The FBI has taken voluntary interview in 5000 cases throughout the Arab and Muslim communities. (Harrington, 17) The National Security Entry-Exit Registration System-NAEERS were declared by the Justice Department on August 12 to be implemented with effective from September 11, 2002. The system required collection of fingerprints in respect of high-risk foreign visitors. Additionally, the program required the selected foreign nationals to register their residence with authorities and to inform about their exit. In a declaration of Justice Department, the foreigners are to be chosen on the basis of conditions laid down by intelligence wing representing the types of activities of various terrorist organizations. Moreover, the system was to label for fingerprinting any non-immigrant aliens whom the State Department detect to be present an elevated national security risk, based on criteria reflecting current intelligence as well as aliens identified by INS inspectors at the port of entry, using similar criteria. (Hassan, 65)
The final plan of the process is to establish a mounting database of foreign visitors that can conveniently be applied to monitor and locate the terrorist suspects. Instead of relying only on the criteria prescribed by intelligence agencies, NASEERS was to generate intelligence to facilitate the detention and deportation of certain visitors and immigrants. The National Security Entry-Exit Registration System thus constitute the most recent element of the police activity prescribed by the Justice Department and the Immigration and naturalization Services -INS targeted against the Middle Easterners, that began with a campaign of secret detentions of immigrants, mostly Arabs and South Asians. The Justice Department with its own estimates reported to have detained 1,182 persons by the end of November 5, 2001 with persistent detentions after the period. (Hassan, 66)
The INS declaration made in mid-June 2001 revealed that 751 persons were detained on immigration charges, and had been deported. Additionally about 74 remained in custody or alleged of immigration violations. About 129 federally charged detainees were there out of which 73 were still in custody during the mid June 2001. The captives released subsequently were alleging about solitary incarceration, regulatory ankle and wrist manacles and were refrained from any sort of physical activity. The INS nabbed and deported many infiltrates since they would not substantiate for non-submission of the change of address forms within the stipulated time period. (Hassan, 66)
The extremes of the performance of the federal government in the periods immediately after September 11, is being transparent presently. During April 2003, the Office of the Inspector General released a report enumerating the treatment of non-citizens held on immigration charges in post September 11 periods that incorporated the failure to notify the captives under immigration charges in a timely manner, entailing them to find it harder in obtaining bonds and meeting with attorneys, their captivity in distressful conditions like leaving light in their cells for twenty-four hours, and making them vulnerable to the physical and oral abuse. Other critics have also ventilated their allegations against the dealings of the federal government in respect Arabs and Muslims after September 11. (Johnson, 78)
Ever since the 9/11 incident, the Arab and Islam organizations with their bases at U.S. engaged in extension of humanitarian assistance to the people of war-torn nations including Palestine, Afghanistan, and Iraq are charged with favoring terrorism and bluntly denounced and declared illegal by the Justice Department. (Harrington, 18) The government in December 2003 declared that it will initiate the National Crime Information Centre NCIC database incorporating the immigration information and also will concentrate on male Muslim infiltrates. This has embarrassed many since some of the information sought for by the Department for preparation of the NCIC criminal database actually do not relate to the crime. The Justice Department enforced Operation Liberty Shield that refused bond to asylum seekers hailing from Middle Eastern and Muslim countries, irrespective of the fact that they posed a risk of flight or a danger to the community. The FBI published a communique to the law enforcement officials to inform them that terrorists might use directory to choose the targets and plan for future attacks. The communique recommended the law enforcement officials to look for the directories during their traffic stops, searches and interrogations. (Profiling Immigrants, Arabs and Muslims)
The Bush administration has set up completely new national monitoring and regulating institutions like, Homeland Security, Federalized airport security, and military tribunals. The U.S.A.-Patriot Act, gravely destabilizes the civil liberties of Arab-Americans and the law implementations were made more stringent with a view to intensifying the spying, harassment, imprisonment and sentencing. The administration has withdrawn the bothersome constraints of FBI and the CIA and reformulated them to concentrate more on the political and spying drifting their activities from the traditional crimes. It is abolishing the much worried weak principles against political spying and harassment established with publication of COIN-TELPRO, the program that denounced the black liberation movements during the decades of 60s and 70s. The bureaucratic constraints prevalent among different agencies such as local police, state police, FBI, INS and CIA re being withdraw completely or are being reduced. The Bush Administration had clarified that it aims at establishing a nationally unified and politicized policing dominance. (Bai; Tang, 30)
The Arabs and Muslims were seen to be prone to the physical and oral assaults and the victims of job and educational prejudices. (Harrington, 19) The Arab community in America, consequently, ever since Sept. 11, 2001, was vulnerable to the intensified fear and intimidation in America. The federal agents in their reports are considered to be combinations of accusations against abhorrence of crimes and verbal abuse and federal anti-terrorism measures that the members of these communities think are targeted at them. The U.S. customs presently under the Department of Homeland Security is observed to have gradually been directed towards the Arab and Muslim citizens and travelers. The universities and community colleges are made to provide information about their international students to the Department of Justice and the FBI throughout the country. (U.S.: Racial Profiling Both Wrong and Counter-Productive, Says Amnesty) The Patriot Act authorized the government to access the financial and academic records of the international students even without their awareness. Some universities provide the information under pressure of government; however, some others refuse in testimony of the personal convictions of administration or with resistance from student protests. As per the data from INS, a 50% reduction has been observed in case of the acceptance of the visa applications from Arab and Muslim countries. (Harrington, 19)
It is however, held in a memorandum distributed by the group of senior U.S. law enforcement officials in October 2002 to American law implementation agencies globally that the race is not an effective means of an the terrorist intentions of individuals. The memorandum named as ‘Assessing Behaviors emphasized that concentration on the racial characteristics of individuals is sheer wastage of energy and resources of the law enforcements and may make the enforcement officials to set aside the suspicious activity by an individual not matching the racial profile. It has been noted by one in the report that it is quite foolish to concentrate on the characteristics instead of on behaviors in connection with ensuring safety. When the objective is to prevent the attacks, it is worthwhile to be attentive against the pre-attack activities rather than the characteristics. Implementation of racial profiling in the sphere of anti-terrorist movements is considered to be an illustration of re-struggle of the previous war. (Johnson, 83)
The Al Qaeda and other terrorist organizations, however, are considered pan-ethnic; incorporating Asians, Anglos and ethnic Europeans. They are also flexible organizations that understand as the ways to use the non-Arabs like Richard Reid in continuing terrorist activities or to bring in illicit explosive devices onto planes and to put in the luggage of innocent people. (Johnson, 83) The reality of hijackers involved in the 9/11 incident were from Arab has makes little sense in predicting about the next terrorist. The critics vehemently attacked that the racial profiling in any case is a rough and steady means against an enemy organization like Al Qaeda and is practically ineffective. Third and probably the most significant is the use of profiling in the anti-terrorism environment as in the circumstances of street-crime that lead the federal authorities to isolate the very group deemed to be determinants in the anti-terrorism fight. (Wrong Now: Racial Profiling Before & After September 11, 2001)
To conclude, United States is viewed as a nation of infiltrates. However, the policies with regard to immigrations are often aimed against particular groups of immigrants for discriminatory and unsuitable attention. (Wrong Now: Racial Profiling Before & After September 11, 2001) The racial profiling has continued to be a day-to-day fact of life for many of the African-Americans and Latinos allover the United States with the new addition of Arabs and Muslims to this group. The implementation of law on the basis of race is considered to be a fraction of much larger concern centering on the discriminatory influence of the criminal justice system on racial minorities in the United States. 13 It is essential for continuance of a belligerent struggle against terrorism. However, September 11, can not taken as an excuse for not taking timely action in reforming the age-old traditional profiling system or not innovating the means of dealing with new forms of profiling. It is considered high time to revitalize the national awareness that prevails on this issue prior to September 11 disasters, to have an extensive debate over the profiling so as to cater to the new civil rights challenges and to ensure that the country continues to be loyal to its basic principles of fairness and equality enshrined in constitution. (Wrong Now: Racial Profiling Before & After September 11, 2001)
References
Abowd, Mary. Arabs Still Reeling from 9/11 backlash – Growing Fears. The Chicago Reporter. December, 2002. p. A5-7
Bai, Jane; Tang, Eric. The War at Home: National Targeting of Noncitizens Takes on New Dimensions – A New Era – Immigrants in U.S. After 9/11. ColorLines Magazine: Race, Action, Culture. Spring, 2002. pp: 27-31
Barbour, Christine; Wright, Gerald C. Chapter Six: The Struggle for Political Equality: What’s at Stake in Racial Profiling? Retrieved from http://college.hmco.com/polisci/barbour_wright/keep_repub/1e/students/sept11/ch06.html Accessed on 24 November, 2004
Davis, Nicole. The Slippery Slope of Racial Profiling. ColorLines Magazine: Race, Action, Culture. 13 December, 2001. pp: 16-20
Harrington, Megan. Arab and Muslim immigrants Under Fire: Interview with Hatem Abudayyeh of the Arab-American Action Network — Interview. Dollars and Sense. July-August, 2003. Volume: 11; No: 1; pp: 15-19
Harris, David. Flying While Arab: Lessons from the Racial Profiling Controversy. Civil Rights Journal. Winter, 2002. Volume: 12; No: 1; pp: 58-62
Hassan, Salah D. Arabs, Muslims and Race in America. Middle East Report. Fall 2002; Volume: 224; No: 1; pp: 64-70
Johnson, Kevin R. Racial Profiling After September 11: The Department of Justice’s 2003 Guidelines. Loyola Law Review. Spring 2004. Volume: 50; No: 1; pp: 67-87.
Kinsley, Michael. When Is Racial Profiling Okay? Washington Post. September 30, 2001; p: B07
Lobe, Jim. Racial Profiling Much Worse Since 9/11, Amnesty Says. Inter-Press News Service. September 13, 2004. Retrieved from http://www.ccmep.org/2004_articles/civil%20liberties/091304_racial_profiling_much_worse_sinc.htm Accessed on 24 November, 2004
Profiling Immigrants, Arabs and Muslims. Retrieved from http://www.watchingjustice.org/issues/subIssue.php?docId=120 Accessed on 24 November, 2004
Racial Profiling: Testimony from Amnesty International USA’s hearings on Racial Profiling. Victims Accounts of Racial Profiling While Traveling Through Airports. Retrieved from http://www.amnestyusa.org/racial_profiling/report/airport.html Accessed on 24 November, 2004
Sanctioned Bias: Racial Profiling since 9/11. February, 2004. Retrieved from www.aclu.org/Files/OpenFile.cfm?id=15101 Accessed on 24 November, 2004
U.S.: Racial Profiling Both Wrong and Counter-Productive, Says Amnesty. September 15, 2004. Retrieved from http://www.worldrevolution.org/article/1498 Accessed on 24 November, 2004
Wrong Now: Racial Profiling Before & After September 11, 2001. Leadership Conference on Civil Rights Education Fund. Retrieved from http://www.civilrights.org/publications/reports/racial_profiling/racial_profiling_report.pdf Accessed on 24 November, 2004
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