Roberta Aguirre
Racial profiling in airports has been a contentious issue in the United States, with reports of increased occurrences since the September 11 attacks. This practice involves targeting individuals for heightened scrutiny based on their race, religion, or ethnicity, particularly those perceived as Muslim or of Middle Eastern descent. Law enforcement officials defend these actions as necessary for national security, while critics argue that it violates civil liberties and is ineffective in improving security. The Transportation Security Administration (TSA) has been at the centre of this debate, with its behaviour detection programs and screening techniques facing scrutiny for their potential to facilitate racial profiling and discriminate against minorities.
| Characteristics | Values |
|---|---|
| Definition | Government activity directed at a suspect or group of suspects because of their race or ethnicity |
| Post-9/11 | There have been reports of increased racial profiling at airports, targeting people who appear Muslim or of Middle Eastern and Maghrebi descent |
| Effectiveness | A 2009 study asserted that racial profiling is no more effective than random profiling |
| Behavioural indicators | Gaze aversion, nervous or fidgety gestures, placement of hands over the mouth, excessive throat clearing, widely open staring eyes |
| Organisations against racial profiling | American Civil Liberties Union (ACLU), New York Civil Liberties Union (NYCLU), Government Accountability Office |
| Airports where racial profiling has been reported | Logan International Airport, Los Angeles International Airport, Newark Liberty International Airport, Chicago, Miami, Honolulu |
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What You'll Learn
- Racial profiling ineffective and unconstitutional
- Behavioural screening systems enable racial profiling
- TSA's behaviour detection program enables racial profiling
- The Obama administration's heightened airport security amounts to racial profiling
- Logan Airport's 'Behaviour Assessment Screening System' enables racial profiling
Racial profiling ineffective and unconstitutional
Racial profiling is a longstanding issue in the United States, with law enforcement and private security targeting people of color for detentions, interrogations, and searches without evidence of criminal activity and based solely on their perceived race, ethnicity, national origin, or religion. This practice is not only morally wrong and ineffective but also unconstitutional and has led to humiliating and frightening experiences for those targeted.
Following the September 11 attacks in 2001, racial profiling at airports increased significantly, with people who appeared to be Muslim or of Middle Eastern and Maghrebi descent facing heightened scrutiny. Despite claims of enhanced security, racial profiling has been proven ineffective and even counterproductive. A 2009 study published in the Proceedings of the National Academy of Sciences concluded that racial profiling is no more effective than random profiling, as terrorist cells can simply send multiple members through security until one evades detection.
Additionally, racial profiling undermines the integrity of the criminal justice system and erodes trust between law enforcement and targeted communities. It results in the destruction of civil liberties, wastes police resources, and produces little evidence of actual criminal activity. The behavior detection programs employed by the TSA, which focus on behavioral indicators associated with lying, have been criticized as unscientific and unreliable, with officers in some airports referring passengers for additional screening far more often than others, indicating subjective and arbitrary decision-making.
Furthermore, racial profiling violates the U.S. Constitution's guarantees of equal protection under the law and freedom from unreasonable searches and seizures. The Fourth Amendment specifically protects individuals from unreasonable searches and seizures, and racial profiling directly contradicts this fundamental right. The End Racial Profiling Act (ERPA) has been proposed to prohibit racial profiling by state and local law enforcement, providing grants to agencies to ensure compliance and urging the Department of Justice to revise its guidance on the use of race by federal law enforcement agencies.
Racial profiling is an ineffective and unconstitutional practice that has no place in a society striving for racial equality and justice. It not only causes harm and trauma to targeted individuals but also undermines the very principles upon which a fair and equitable society should be built.
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Behavioural screening systems enable racial profiling
Behavioural screening systems have been criticised for enabling racial profiling in airports. The American Civil Liberties Union (ACLU) has been a vocal opponent of such practices, citing instances of racial and religious profiling by behaviour detection officers in several US airports.
King Downing, the national coordinator of the ACLU's Campaign Against Airport Racial Profiling, has personally sued the Massachusetts Port Authority and the Massachusetts State Police, alleging that he was the victim of racial profiling at Logan International Airport in Boston. Logan Airport was the first airport in the country to implement the "Behaviour Assessment Screening System", which allows police to question passengers whose behaviour appears "suspicious". Downing, who is black and wears a short beard, believes he was targeted because of his race.
The ACLU's position is that racial profiling is illegal, violating the US Constitution's core promises of equal protection under the law to all and freedom from unreasonable searches and seizures. They argue that racial profiling is ineffective and drives a wedge between communities and law enforcement officers.
The Transportation Security Administration (TSA) has also faced criticism for its behaviour detection program, which has been called unscientific and unreliable. Leaked documents revealed a secret list of behavioural indicators that officers use to identify potential terrorists, including behaviours commonly associated with lying such as gaze aversion, nervous gestures, or placing hands over the mouth. However, social science literature in the TSA's files includes findings that contradict the effectiveness of these indicators. The TSA has been accused of ignoring scientific studies and expanding its behaviour detection program, with behaviour detection officers now operating in plain clothes throughout airports, drawing information from passengers through "casual conversation".
Since the September 11 attacks, there have been reports of increased racial profiling at airports, particularly targeting people who appear to be Muslim or of Middle Eastern and Maghrebi descent. The Obama administration's decision to heighten airport security for passengers travelling to the US from 14 nations triggered a backlash from Muslim and privacy groups who argued that this amounted to racial profiling.
While criminal profiling is often used by law enforcement to apprehend criminals, racial profiling has been declared unconstitutional as it violates the 14th Amendment equal protection clause.
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TSA's behaviour detection program enables racial profiling
In the United States, airport racial profiling refers to government activity directed at a suspect or group of suspects because of their race or ethnicity. Since the September 11 attacks, there have been reports of increased racial profiling at airports, with a focus on people who appear to be Muslim or of Middle Eastern descent.
The Transportation Security Administration (TSA) has implemented a behaviour detection program, which has been criticised for enabling racial profiling. This program involves the use of "behaviour detection officers", who may be in plain clothes, spreading throughout the airport and surveilling travellers covertly. They engage passengers in "casual conversation", which some interpret as stealth interrogation, to draw out information. Behavioural indicators, such as non-answers, lack of details about the purpose of the trip, or downplaying significant facts, can lead to further screening.
Documents obtained by the ACLU reveal instances of racial and religious profiling by these behaviour detection officers. Investigations were launched into incidents in Newark, Chicago, Miami, and Honolulu, which highlighted the subjective and arbitrary nature of the TSA's indicators. The TSA's secret list of indicators includes behaviours commonly associated with lying, such as gaze aversion or nervous gestures, which are not reliable cues to deception, according to social science literature.
The TSA has been accused of overstating the scientific validity of its behaviour detection techniques and possessing materials that reflect an anti-Muslim and Middle Eastern bias. The program has been criticised as unscientific, unreliable, and a threat to civil liberties. Despite these concerns, the TSA continues to broaden its behaviour detection program.
While the TSA maintains that its policies prohibit unlawful profiling, there have been numerous complaints alleging civil rights and civil liberties violations related to passenger screening. The TSA's Multicultural Branch reviewed 2,059 complaints alleging violations from October 2015 to February 2018, finding potential discrimination and recommending refresher training. The GAO and DHS have recommended that the TSA develop a specific oversight mechanism to monitor behaviour detection activities and ensure compliance with policies prohibiting unlawful profiling.
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The Obama administration's heightened airport security amounts to racial profiling
Racial profiling in airports refers to U.S. government activity directed at suspects because of their race, religion, or ethnicity. Since the September 11 attacks in 2001, there has been an increase in racial profiling at airports, with law enforcement targeting individuals who appear Muslim or are of Middle Eastern or Maghrebi descent.
The Obama administration's decision to heighten airport security for passengers travelling to the U.S. from 14 nations faced backlash from Muslim and privacy groups. They argued that President Barack Obama's response to terror threats amounted to racial profiling. This decision was likely influenced by the attempted bombing of Northwest Airlines Flight 253 in 2009 by Umar Farouk Abdulmutallab, which highlighted the potential for terrorist attacks on airplanes.
The Transportation Security Administration (TSA) has been at the forefront of airport security efforts, conducting security tests at America's biggest airports. However, the TSA has also faced criticism for its behavior detection program, which has been deemed unscientific and unreliable. Documents obtained by the ACLU reveal instances of racial and religious profiling by behavior detection officers, with some officers referring passengers for additional screening based on arbitrary indicators.
To address these concerns, the TSA has policies and procedures in place to prohibit unlawful profiling. They use checklists to monitor behavior detection activities and ensure compliance with policies. Additionally, the TSA provides training to screeners to prevent unlawful profiling and protect civil liberties.
Despite these efforts, there have been numerous complaints alleging civil rights and civil liberties violations related to passenger screening. The GAO reviewed TSA policies and recommended developing a specific oversight mechanism to improve compliance with policies prohibiting unlawful profiling.
In conclusion, while the Obama administration's heightened airport security measures may have been well-intentioned, they triggered concerns about racial profiling. The TSA's behavior detection program has also faced scrutiny for its potential to facilitate racial profiling. To uphold civil rights and liberties, continuous improvement and oversight of airport security practices are essential.
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Logan Airport's 'Behaviour Assessment Screening System' enables racial profiling
Racial profiling in airports refers to the targeting of individuals by law enforcement officials based on their race, religion, or ethnicity. In the United States, this practice has been a routine response to security concerns, particularly after the September 11 attacks, which led to increased scrutiny of individuals who appear to be Muslim or of Middle Eastern and Maghrebi descent.
Logan International Airport in Boston, Massachusetts, has been at the centre of controversies surrounding racial profiling. King Downing, the national coordinator of the American Civil Liberties Union's Campaign Against Airport Racial Profiling, alleged that he was a victim of racial profiling at Logan Airport. He claimed that he was singled out and questioned by state police due to his race and appearance, which included a short beard. Downing's lawsuit challenged the Behaviour Assessment Screening System used at Logan Airport, arguing that it encourages racial profiling and violates constitutional rights.
The Behaviour Assessment Screening System, implemented by Logan Airport in 2002, allows police to question passengers whose behaviour is deemed "suspicious." However, the effectiveness of behaviour assessment as a security measure has been questioned. A 2012 study by Mendenhall and Schmidhofer of the Cato Institute cast doubt on the benefits of such a system, and it has been suggested that any form of profiling is less secure than random profiling.
The Transportation Security Administration (TSA) has also faced criticism for its behaviour detection program, which has been accused of enabling racial and religious profiling. Leaked documents revealed that behaviour detection officers use a secret list of indicators that lack scientific support and can easily be used as a pretext for harassing minorities. The TSA has been recommended to phase out the behaviour detection program and improve anti-discrimination training for its employees.
While the TSA maintains that its policies prohibit unlawful profiling and that screeners are trained to conduct behaviour detection without regard to race or ethnicity, there have been numerous complaints alleging violations of civil rights and civil liberties. The TSA Contact Center received about 3,700 complaints, with indications of potential discrimination and the need for improved oversight to prevent unlawful profiling.
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Frequently asked questions
Racial profiling in airports refers to the practice of targeting individuals for heightened security screening based on their race, ethnicity, or religious appearance. This form of profiling has been widely criticised as being ineffective and a violation of civil rights.
Racial profiling in airports can occur through various means, including behavioural screening systems and the use of "behaviour detection officers". These officers are trained to identify "suspicious behaviour" and use indicators such as gaze aversion, nervous gestures, and downplaying facts when answering questions to assess potential threats.
Racial profiling in airports has been criticised for being unscientific and unreliable, with studies showing that behavioural indicators are not reliable cues to deception. It has also been criticised for violating constitutional rights and civil liberties, with organisations like the ACLU and GAO calling for improved oversight and the phasing out of behavioural detection programs.
