Norton Proposes Two Actions to Reduce Racial Profiling
WASHINGTON, D.C.—In the wake of national concern and demonstrations, the office of Congresswoman Eleanor Holmes Norton (D-DC) today announced two actions to reduce racial profiling. Norton wrote U.S. Department of Transportation (DOT) Secretary Anthony Foxx requesting regulations or appropriate action to implement her anti-racial-profiling amendment passed by the House and signed into law as part of the fiscal year 2015 omnibus appropriations bill. The amendment, which passed unanimously by voice vote, prohibits states that receive federal transportation funding from engaging in unconstitutional profiling based on physical characteristics. When Congress returns from recess, Norton, in a further effort to eliminate racial profiling by police, will introduce a bill to establish a grant program from existing Department of Justice (DOJ) funds for local Task Forces on 21st Century Policing, modeled after President Obama's Task Force on 21st Century Policing. Because policing occurs primarily at the local and state levels, DOJ grants would encourage local police departments to craft and tailor their own solutions for racial profiling and other inappropriate policing practices, like those exposed by the Department of Justice's investigation of the Ferguson Police Department.
"We have just seen demonstrations pour into the streets across the country about police treatment of people of color, and the administration has been responsive with its 21st Century Policing Report and the Department of Justice's report on Ferguson," Norton said. "The historical data I used in support of my racial profiling amendment show that drivers of color are pulled over at a significantly higher rate than white drivers, but contraband is found more often in cars where white drivers had been stopped. Yet most Americans and the public do not know that racial profiling on our roads is now illegal. I am asking DOT to clarify the new racial profiling law to ensure there is enforcement of the law and that citizens across the country are aware of the new law barring racial profiling."
The full text of the letter is below:
The Honorable Anthony Foxx
Secretary
U.S. Department of Transportation
1200 New Jersey Ave, SE
Washington, DC 20590
Dear Secretary Foxx:
As you know, racial profiling by law enforcement during traffic stops and on the streets has risen to become an important national issue. Last month, the President's Task Force on 21st Century Policing released its interim report and Department of Justice released its report on its investigation of the Ferguson Police Department, both of which include suggested reforms for local policing. The U.S. Supreme Court has found that profiling based on physical appearance on highways violates equal protection laws. With so many federal dollars flowing to the states for highway projects, the U.S. Department of Transportation (DOT) has a role to play in enforcing the federal laws prohibiting racial profiling.
Citing the 14th Amendment and Title VI of the 1964 Civil Rights Act, last June, I offered an amendment to the House fiscal year 2015 Transportation, Housing and Urban Development Appropriations bill to prohibit states that receive federal transportation funding from engaging in racial profiling based on physical characteristics, such as race. My amendment passed unanimously, by voice vote, and was ultimately included in the fiscal year 2015 omnibus appropriations bill, which was signed into law by the President in December. The text of the amendment was simple, specifically providing that none of the funds in the transportation title could be used in contravention of the Fifth or Fourteenth Amendments to the U.S. Constitution or Title VI of the Civil Rights Act of 1964. I am enclosing the text as well as my floor statement.
Unfortunately, there is almost no public knowledge of the amendment. I am writing to inquire how DOT proposes to implement this provision and to suggest that the agency draft new regulations or take other appropriate action based on the amendment. The issue of racial profiling has stirred demonstrations across the country. Without action by DOT, law enforcement and the public are not appropriately informed of the new law.
I would appreciate a response within 30 days concerning what action you think would be appropriate.
Sincerely,
Eleanor Holmes Norton