BORDER PATROL PARTICIPATES IN ETHNIC PROFILING STUDY Since mid-June Border Patrol and other federal law enforcement agencies have been collecting data on the ethnic background of all those who the agencies stop for questioning. While not specifically designed to address claims of discrimination in immigration related stops, the Fairness in Law Enforcement project initiated by President Clinton should reveal much about whether it does occur with the frequency claimed by many.
Four Border Patrol checkpoints in the Southwest will be participating in the program. Records will be kept of each person stopped for further questioning. The information gathered will be about the person’s race, ethnic background, gender, citizenship, why they were selected for further processing and the outcome of the stop.
Many Hispanics in the Southwest complain that they are targeted by the Border Patrol because of their appearance. The Border Patrol maintains that it does not target Latinos, but that because most undocumented immigrants in the Southwest are Hispanic most of the people they question will be of the same background. Two recent Ninth Circuit decisions prevent the Border Patrol from considering a person’s Hispanic appearance in making a stop, and give those who have been wrongly stopped the right to sue the agency.
The President of the National Border Patrol Council, the union that represents Border Patrol agents, calls the new program “a waste of time.” According to T.J. Bonner, agents are well-trained and do not rely on a person’s appearance in making a stop. Also, he is worried that the results of the survey could be used to make the Border Patrol less effective.
Policy analysts agree with the Border Patrol that given the region’s demographics, it is understandable that most of the people stopped are Hispanic. However, many are concerned that the stops may not lead to many arrests, which could indicate improper ethnic bias. They say comprehensive studies such as the Fairness in Law Enforcement one are needed to determine the role, if any, played by ethnic profiling in such stops. < Back | Next > Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. | 
