Racial Profiling: What You Can Do

http://www.advancingequality.org/files/Racial_Profiling_What_You_Can_Do.pdf

KNOW YOUR RIGHTS

Knowing your rights is the key to knowing what to do if you find yourself a victim of profiling. Although different types of situations require different actions, knowing your civil rights well enough so that you can exercise them is critical in all profiling cases. At the minimum, you should know that you have the following basic rights:

You have the right to remain silent. The Fifth Amendment of the U.S. Constitution guarantees individuals the right not to answer questions posed to them by law enforcement or other government agents. Law enforcement agents may ask questions, but individuals cannot be arrested simply for refusing to answer them.

You have the right to be free from "unreasonable searches and seizures." The Fourth Amendment protects your right to privacy. Without a search warrant, law enforcement and other government agents may not search your home or office without your consent.

A useful source of information on the legal and civil rights of both citizens and noncitizens is a pamphlet called "Know Your Rights: What to Do If You're Stopped by the Police, the FBI, the INS or the Customs Service." Available in seven different languages, this pamphlet can be found on the ACLU website.

FILE A COMPLAINT

If you have been targeted in a profiling incident, you may wish to file a complaint with the appropriate agency. Information on how to file a complaint with the appropriate agency can be found in the sections below.

Racial Profiling

If you believe that you have been the victim of unfair or illegal racial profiling, you can file a complaint with the DOJ Civil Rights Division's Coordination and Review Section at:

Coordination and Review Section

Civil Rights Division

U.S. Department of Justice

P.O. Box 66560

Washington, DC 20035-6560

(888) 848-5306

Their website address is http://www.usdoj.gov/crt/cor/index.htm

Additionally, the DOJ Civil Rights Division's Special Litigation Section investigates and litigates complaints against police departments that exhibit a pattern of discrimination on the basis of national origin. To file a complaint, contact them at:

Special Litigation Section

Civil Rights Division

U.S. Department of Justice

P.O. Box 66400

Washington, DC 20035-6400

(202) 514-6255

Their website address is http://www.usdoj.gov/crt/split/index.html

Airport Profiling

The U.S. Department of Transportation's Air Consumer Protection Division is receiving and

documenting complaints of profiling and discrimination at airports. Upon receiving a complaint, the Department of Transportation (DOT) conducts an investigation and works to ensure that passengers receive a reply from the airline. If the DOT finds during an investigation that an airline policy or procedure has violated any official rules or guidelines, the agency takes the appropriate corrective action against the airline.

To file a complaint by email, the individual filing a complaint (and not a third party) should send the following information to Airconsumer@ost.dot.gov:

- The name of the person filing the complaint

- A brief description of the issue or incident

- A statement expressing one's desire to file a complaint and to have the DOT take appropriate action

- Information about the flight, including the date and time of travel

- Contact information, including a phone number, an e-mail address, and a complete mailing address

You may also contact the office directly at:

Aviation Consumer Protection Division

U.S. Department of Transportation

Room 4107, C-75

Washington, DC 20590

(202) 366-5957/5945

Their website address is http://www.dot.gov/airconsumer/problems.htm

Contacting a Legal Advocacy Group

Contact NAPALC or its Affiliates-the Asian American Legal Defense and Education Fund, the Asian Law Caucus, and the Asian Pacific American Legal Center-at:

National Asian Pacific American Legal Consortium

1140 Connecticut Ave., N.W.

Suite 1200

Washington, DC 20036

(202) 296-2300

Asian American Legal Defense and Education Fund

99 Hudson St.

12th Floor

New York, NY 10013-2869

(212) 966-5932

Asian Law Caucus

939 Market St.

Suite 201

San Francisco, CA 94103

(415) 896-1701

Asian Pacific American Legal Center

1145 Wilshire Blvd.

2nd Floor

Los Angeles, CA 90017

(213) 977-7500

You may also consider contacting other legal advocacy organizations as possible resources.

WAYS TO FIGHT PROFILING

What you can do to fight racial profiling is to voice your concerns about the USA Patriot Act and express your support for the End Racial Profiling Act of 2001 (see "Fact Sheets" section for more information on these legislative measures).

One way of making your voice heard is to start an online petition by going to

http://www.petitiononline.com, which is a website that provides free online hosting of public petitions for public advocacy purposes.

Another approach you can take is to contact your local member of Congress. A website called

civilrights.org, which is operated and maintained by the Leadership Conference for Civil Rights, provides an online congressional directory.

Alternatively, you could call the U.S. Capitol Switchboard at (202) 224-3121 and ask for the office of your local Senator or Representative.