Dear John,

Federal rules still allow biased profiling by the Department of Justice (DOJ) and Department of Homeland Security (DHS) — which means Americans continue to be targeted for suspicion and investigation on the basis of race, religion, and ethnicity.

It is unacceptable for federal agencies to treat Americans differently due to their religion or their race. Right now, the Biden administration has an opportunity to do what’s right and close the loopholes that allow biased profiling by federal agencies.

For too long, the Department of Justice and the Department of Homeland Security have engaged in biased profiling — especially of Muslims, Black Americans, and Latino migrants. The current rules, which are riddled with gaps and exceptions, give agents discretion to blatantly discriminate. In a recent report¹, the Brennan Center identified how these departments can better protect people from the indignities of profiling, echoing a long-standing demand² of civil rights organizations. The Biden administration should adopt those recommendations immediately.

Thank you for taking a stand,
The Brennan Center team