S.744 Immigration bill - Sec. 3305: PROFILING
Posted Wed, Apr 17, 2013 at 4:57 pm
- (a) Prohibition- In making routine or spontaneous law
enforcement decisions, such as ordinary traffic stops, Federal law
enforcement officers may not use race or ethnicity to any degree, except
that officers may rely on race and ethnicity if a specific suspect
- (b) Exceptions-
- (1) In conducting activities in connection with a
specific investigation, Federal law enforcement officers may consider
race and ethnicity only to the extent that there is trustworthy
information, relevant to the locality or time frame, that links persons
of a particular race or ethnicity to an identified criminal incident,
scheme, or organization. This standard applies even where the use of
race or ethnicity might otherwise be lawful.
- (2) In investigating or preventing threats to national
security or other catastrophic events (including the performance of
duties related to air transportation security), or in enforcing laws
protecting the integrity of the Nation's borders, Federal law
enforcement officers may not consider race or ethnicity except to the
extent permitted by the Constitution and laws of the United States.
- (3) DEFINED TERM- In this section, the term `Federal
law enforcement officer' means any officer, agent, or employee of the
United States authorized by law or by a Government agency to engage in
or supervise the prevention, detection, investigation, or prosecution of
any violation of Federal law.
- (b) Study and Regulations-
- (1) DATA COLLECTION- Not later than 180 days after the
date of the enactment of this Act, the Secretary shall begin collecting
data regarding the individualized immigration enforcement activities of
covered Department of Homeland Security officers.
- (2) STUDY- Not later than 180 days after data
collection under paragraph (1) commences, the Secretary shall complete a
study analyzing the data.
- (3) REGULATIONS- Not later than 90 days after the date
the study required by paragraph (2) is completed, the Secretary, in
consultation with the Attorney General, shall issue regulations
regarding the use of race, ethnicity, and any other suspect
classifications the Secretary deems appropriate by covered Department of
Homeland Security officers.
- (4) REPORTS- Not later than 30 days after completion of
the study required by paragraph (2), the Secretary shall submit the
- (A) the Committee on Homeland Security and Governmental Affairs of the Senate;
- (B) the Committee on Homeland Security of the House of Representatives;
- (C) the Committee on Appropriations of the Senate;
- (D) the Committee on Appropriations of the House of Representatives;
- (E) the Committee on the Judiciary of the Senate; and
- (F) the Committee on the Judiciary of the House of Representatives.
- (5) DEFINED TERM- In this subsection, the term `covered
Department of Homeland Security officer' means any officer, agent, or
employee of United States Customs and Border Protection, United States
Immigration and Customs Enforcement, or the Transportation Security
Subtitle D--Asylum and Refugee Provisions