Norton Gets Amendment to Prevent Racial Profiling Passed by Historically Unproductive House

Press Release

In what she called "a breakthrough for legal and social justice," Congresswoman Eleanor Holmes Norton's (D-DC) amendment to prohibit states that receive federal transportation funding from engaging in unconstitutional profiling based on physical characteristics, such as race, passed the historically unproductive House by voice vote, last night. Norton offered the amendment to the House fiscal year 2015 Transportation, Housing and Urban Development Appropriations bill to prevent profiling by law enforcement officials and to ensure citizens are not stopped, investigated, arrested, or detained based on their appearance. The bill is expected to pass the House later today.

In her remarks introducing the amendment on the floor, Norton gave the constitutional basis for a national law barring profiling, which affects not only Blacks and Hispanics, "but many others in our country as well, given the increasing diversity of American society."

Norton's full statement introducing the amendment on the floor follows.

"In July, we will commemorate the 50th anniversary of the 1964 Civil Rights Act.

"My amendment enforces section 2000(d) of the act. It would require that no funds would be available or used to stop, investigate, detain, or arrest people on highways based on their physical appearance in violation of the Fifth and 14th Amendments and title VI of the Civil Rights Act of 1964.

"The Supreme Court, in Whren v. U.S., has found that profiling based on physical appearance on highways violates equal protection of the laws. Title VI of the 1964 act enforces the 14th Amendment and applies to funding for all Federal agencies and departments. My amendment carries out this mandate in transportation funding as well.

"Federal guidance regarding the use of race by Federal law enforcement agencies finds that racial profiling is not merely wrong, but is also ineffective. Not only Blacks and Hispanics are affected, but many others in our country as well, given the increasing diversity of American society.

"The U.S. Department of Labor's Bureau of Justice Statistics reports that Whites are stopped at a rate of 3.6 percent, but Blacks at 9.5 percent and Hispanics at 8.8 percent, more than twice the rate of Whites.

"The figures are roughly the same, regardless of region or State. In Minnesota, for example, a statewide study of racial profiling found that African Americans, Hispanics, and Native American drivers were stopped and searched far more often than Whites, but contraband was found more frequently in cars where White drivers had been stopped.

"In Texas, where disproportionate stops and searches of African Americans and Hispanics were found to have taken place, it was also found that Whites more often were carrying contraband.

"Mr. Chairman, in 2005, I sponsored a transportation amendment that allowed a Federal grant to States who wanted to stop racial profiling. Nearly half of the States participated in this program.

"Unfortunately, it was not renewed in 2009. My amendment seeks to prevent citizens from being stopped, investigated, arrested, or detained based on their physical appearance.

"Considering our country's history and increasing diversity, we are late in barring profiling at the national level. At the very least, Federal taxpayers should not be compelled to subsidize the unconstitutional practice of profiling by law enforcement officials in the States."

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