Legal Definitions - ethnic profiling

Ethnic profiling refers to the practice by law enforcement or other authorities of targeting individuals for heightened scrutiny, investigation, or different treatment based on their perceived ethnicity or national origin, rather than on objective evidence of wrongdoing or individual suspicion.

This practice is considered a form of discrimination because it relies on stereotypes about an entire group of people rather than on an individual's behavior or specific circumstances. It can lead to unfair treatment, erode public trust, and is often illegal.

• Example 1: Airport Security

  After a specific international incident, airport security personnel at a major hub begin consistently selecting passengers who appear to be of South Asian descent for more intensive secondary screening, including extensive questioning and thorough baggage searches, even when these individuals have valid tickets, no criminal record, and exhibit no suspicious behavior. Passengers of other ethnicities with similar travel profiles are rarely subjected to the same level of scrutiny.

  This illustrates ethnic profiling because the increased scrutiny is applied based on the passengers' perceived ethnicity, rather than on any individualized suspicion or objective security threat posed by their actions or belongings.

• Example 2: Traffic Stops

  In a particular city, data reveals that police officers disproportionately pull over vehicles driven by individuals who appear to be of Middle Eastern or North African descent for minor traffic infractions, such as slightly exceeding the speed limit or having a broken taillight. Drivers of other ethnic backgrounds committing similar infractions in the same area are less frequently stopped or issued warnings instead of citations.

  This demonstrates ethnic profiling because the decision to stop and potentially cite drivers is influenced by their perceived ethnicity, leading to a higher rate of enforcement against one group compared to others for similar behaviors.

• Example 3: Border Patrol Checkpoints

  At an internal border patrol checkpoint, agents frequently direct vehicles carrying families who appear to be of Hispanic descent to a secondary inspection area for prolonged questioning about their citizenship and travel plans, even if their documents are in order and they are traveling within the country. Other vehicles with occupants of different ethnic backgrounds are often waved through without stopping or with only a brief glance at their identification.

  This is an instance of ethnic profiling because the primary factor for selecting vehicles for more intensive and prolonged inspection appears to be the perceived ethnicity of the occupants, rather than any specific indicators of illegal activity.