Department of Justice Says Profiling Of Trans People Is Wrong, But Too Many Exceptions

December 8, 2014

Today, the US Justice Department will release revised guidance on racial profiling by federal law enforcement agencies, extending protections for the first time on the basis of national origin, disability, gender, gender identity, and sexual orientation, as well as race and ethnicity which were covered by guidance issued in 2003. The inclusion of protections for the LGBT community follows recent federal investigations finding unlawful police profiling of LGBT people, particularly in communities of color. However, the revised guidance contains large carve-outs for TSA airport and border security and certain anti-terror investigations, and will also not apply to most state and local law enforcement activities.

The National Center for Transgender Equality welcomes the historic extension of protections against federal police profiling to the LGBT community, but decries loopholes that will continue to permit most discriminatory policing. According to the National Transgender Discrimination Survey, 46% of transgender people say they would feel somewhat or very uncomfortable seeking police assistance, while only 35% said they would feel comfortable doing so. One-fifth (22%) of all trans people and 38% of Black trans people report experiencing transphobic police harassment—while 6% of all trans people, 9% of trans Latinos, and 15% of Black trans people report having experienced a transphobic assault by police.

Attorney General Eric Holder

Photo Credit: Pablo Martinez Monsivais, AP Photo

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The DOJ Must Act: Why Racial and Religious Profiling Rules Can’t Wait

October 20, 2014

BornSuspect_NAACPTrina, a transgender woman of color, is not a stranger to police profiling and harassment. When she was 17 years old, she an officer approached her while she was outside with friends at an LGBT community event in Manhattan’s West Village. Trina complied with the officer’s request to see her ID, and that’s when the officer began calling her a man and a “faggot.” Despite having a clean record, Trina was arrested that night because the officer found two condoms in her purse. The alleged crime was for prostitution and she was sent to the men’s holding area.

Transgender people are frequently profiled by law enforcement officers in the United States. Trina, along with other transgender and LGBT people, were among some of those profiled in an expansive new report by the NAACP called, “Born Suspect: Stop-and-Frisk Abuses & the Continued Fight to End Racial Profiling in America.” Released in September 2014—and in anticipation of action by the Department of Justice to address racial and religious profiling in federal investigations—the report documents and analyzes the effectiveness of racial profiling laws across the country. However, as the report states, “the current status of laws across the fifty states leaves little hope for a meaningful solution” to address racial profiling.

That is why guidelines on the use of racial and religious profiling from the Department of Justice are more important than ever—national standards are needed to ensure law enforcement nationwide remove racism and prejudice in their interactions with all people including transgender people of color.

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