I want to start this morning by thanking Sen. Feingold for making the issue of Racial Profiling a priority in the Senate Judiciary Committee. He is certainly no stranger to this issue and has walked with me every step of the way in pursuing legislation that will bring the practice of racial profiling to an end. I am glad to see strong bipartisan support of racial profiling legislation around the nation and firmly believe that the time is ripe for the passage of federal legislation.
Since I first introduced racial profiling legislation in the 105th Congress, the pervasive nature of racial profiling has gone from anecdote and theory to well-documented fact. Data collected from numerous states show beyond a shadow of a doubt that African-Americans and Latinos are being stopped for routine traffic violations far in excess of their share of the population or even the rate at which such populations are accused of criminal conduct.
Most fundamentally, racial profiling has not proven an effective tactic for fighting crime. A recent Justice Department report found that although African-Americans and Hispanics are more likely to be stopped and searched by law enforcement, they are much less likely to be found in possession of contraband. This pattern of over-inclusive stops and detentions lies at the heart of the breakdown of trust between police and communities.
Although the vast majority of law enforcement agents nationwide discharge their duties professionally and without bias, we as a nation should not tolerate discrimination by a small minority of police officials. Racial profiling is a double-barreled assault on our social fabric. Nearly every young African-American and Hispanic male has been subjected to racial profiling or has a family member or close friend who has been a victim of this injustice.
Racial profiling sends the message to young African-Americans, Hispanics and other minorities that the criminal justice system, and therefore the system at large, belittles their worth. More broadly, it causes a breakdown of the trust on which community policing depends. Unless that trust is built and nurtured, the police cant do an effective job of protecting our communities and it makes an already difficult job more dangerous.
The End Racial Profiling Act reflects changes in the legal and political climates that have occurred since traffic stop data collection legislation was offered during the 106th Congress. Since that time, statistical evidence from around the country has indicated data collection alone is not enough to arrest the racial and ethnic disparities in stops and detentions. In Maryland, for example, even after litigation and data collection, the pattern of disparities in traffic stops has persisted. This is why our bill includes a ban on racial profiling.
No American should walk through any city, drive down any road or travel through any airport, looking over their shoulder and waiting for the inevitable police stop. While this legislation may not stop racial profiling tomorrow, it will send the message that the federal government is committed to the equal protection of civil rights and begin a comprehensive process of rooting-out bias in law enforcement.