Expanded federal ban on profiling doesn’t apply at borders, airport screening


By Evan Perez

(CNN) — New federal law enforcement guidelines set to be issued Monday will expand protection from profiling, but won’t apply to screenings at borders and airports, or in intelligence operations.

The new guidelines replace ones in place since 2003, which prohibit profiling based on race and ethnicity, but also include broad exemptions for national security investigations.

The Justice Department will issue the new guidelines that will prohibit profiling based on religion, national origin, gender, sexual orientation and gender identity, a Justice official said.

The expanded ban on profiling comes amid widespread street protests around the nation in the wake of controversial killings of black men by white police officers. The shooting of 18-year-old Michael Brown by a white officer in Ferguson, Missouri, set off wider discussions about police tactics and complaints by black men that they bear the brunt of suspicion and profiling by police.

Attorney General Eric Holder in 2009 ordered a review of the profiling ban and pushed for an expansion. He ran into opposition along the way, including from the FBI, whose agents feared it would make their work more difficult, and more recently from the Homeland Security Department, which sought more flexibility for its agencies before agreeing to join the new policy.

The new profiling guidelines apply to state and local law enforcement agencies when they are part of federal law enforcement operations.

Holder plans to brief state and local law enforcement officials on a conference call Monday and plans to urge them to adopt the federal policy in a speech in Memphis on Tuesday, according to a Justice official.

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