Airport racial profiling in the United States
Encyclopedia
Airport racial profiling in the United States, as the term has been referred to in recent public debate
s, refers to government activity directed at a suspect
or group of suspects because of their race or ethnicity. Under Fourth Amendment
analysis, objective factors measure whether law enforcement
action is constitutional, and under the Fourteenth Amendment
challenges to the practice are assessed under the customary strict scrutiny
test for racial classifications.
Since September 11, 2001, there have been reports on increases in racial profiling
at airports, particularly targeting people who appear to be Muslim or of South Asian or Middle Eastern descent
. It has been a routine practice by law enforcement officials to stop individuals who are profiled because of their race and religious and ethnic appearance or who may appear to be “suspicious."
. Conclusions found the suspects of the crime were by a group of foreign nationals of Middle Eastern descent.
In the wake of the September 11 attacks, US officials responded to fears of people traveling by air by beefing up security
in and around the nation's airports. Despite more thorough investigation of baggage and increased security personnel, there were so many vast open spaces and exits and entrances at airport hubs to prevent possible incidents to occur.
Los Angeles International Airport
was recently found to be the most vulnerable to infiltration in the US when it comes to smuggling weapons. Knives
, gun
s, and explosives carried by federal undercover inspectors were missed by LA International airport screeners at checkpoints 41% of the time in an airport security test. The test, which checked security at America's 32 biggest airports, was carried out in June by the Transportation Security Administration
(TSA), which assumed responsibility for airport security.
asserted that, due to terrorists being vastly outnumbered by innocents, racial profiling is no more effective than random profiling. It has also been claimed that any form of profiling is less secure than random profiling, because a terrorist cell can simply have a number of members go through airport security, until one is reliably not profiled, then use that individual to perform an attack. None of the 19 successful hijackers in the September 11 attacks was reported or even remembered by checkpoint supervisors.
Some critics ask if a rational reason exists to single out Arabic-looking men at airport.
King Downing, the national coordinator of the American Civil Liberties Union
's Campaign Against Airport Racial Profiling, says he was the victim of profiling by police at Logan International Airport
in Boston
, MA. He was going to the federal court to challenge a screening technique used around the country that looks at suspicious behavior patterns to identify potential terrorists.
Mr. Downing alleges he was stopped and questioned by state police
after arriving on a flight to attend a meeting or racial profiling. Downing has sued the Massachusetts Port Authority
, which operates the airport, and the Massachusetts State Police
, citing they violated his constitutional right
s. Downing, who is black and wears a short beard, believes he was targeted because of his race. In his lawsuit
, Downing alleges the behavioral screening system used at Logan International Airport encourages racial profiling. His lawsuit also seeks a ruling to declare airport racial profiling as unconstitutional.
In 2002, after the September 11 attack on the US, Logan International Airport began a program called "Behavior Assessment Screening System" which allows police to question passengers whose behavior appears to be "suspicious". Logan was the first airport in the country to use the system.
The Transportation Security Act (TSA) has rolled out a similar system at more than 40 of the nation's largest airports.
, and age in profiling procedures at airports and other ports of entry?
In an article published by The Atlantic they summarize "the mathematical probability that a randomly chosen Arab passenger might attempt a mass murder
suicide
hijacking
is considerably higher than the probability that a randomly chosen white, black, Hispanic, or Asian passenger might do the same. In constitutional law
, while racial profiling may be presumably unconstitutional, that presumption is overcome in the case of airline passengers, because the government has a compelling interest in preventing mass-murder-suicide hijackings and because close scrutiny of Arab-looking people is narrowly tailored to protect that interest."
"America faces a "clear and present danger" of hijackers taking control of airlines and either killing passengers of using these aircraft as flying bombs. All nineteen terrorists involved in the September 11 attacks belonged to the "Al-Qaeda
terrorist network headed by Usama Bin Laden
. These hijackers were exclusively adult males of Middle Eastern ethnicity."
administration's decision to heighten airport security for passengers while traveling to the US from 14 nations triggered a backlash of complaints from Muslim and privacy
groups who say President Obama's response to terror threats amounted to little more than racial profiling.
Defenders of the policy say it is a carefully targeted way of zeroing in on those travelers who most likely pose a threat and hurt feelings should not matter after the US averted a midair bombing on an airliner heading to Detroit on Christmas day.
The TSA is dealing with these opposing arguments and continues to examine and adjust its screening policies in the best way to balance security and privacy.
Asa Hutchinson
, former Homeland Security
undersecretary, stated "it is important to draw a line between profiling based on race and profiling based on national origin." "If you're talking about profiling based upon geographic origin or where they're flying from, absolutely," he said. "If you're talking about simply because they're part of a particular racial origin, absolutely not..You have to be smart about who you are inspecting."
Frank Cilluffo, former special assistant for Homeland Security under President George W. Bush
, said "airports need to be "profiling" based on behavior even though its a "dirty word."
showed Americans are in favor of more intensive security check for people who fit a profile of terrorists based on age, ethnicity and gender.
Public debate
Public debate is a formal style of debate. Two teams of two compete through six rounds of argument, giving persuasive speeches on a particular topic.- Pre-Debate :...
s, refers to government activity directed at a suspect
Suspect
In the parlance of criminal justice, a suspect is a known person suspected of committing a crime.Police and reporters often incorrectly use the word suspect when referring to the...
or group of suspects because of their race or ethnicity. Under Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
analysis, objective factors measure whether law enforcement
Law enforcement
Law enforcement broadly refers to any system by which some members of society act in an organized manner to promote adherence to the law by discovering and punishing persons who violate the rules and norms governing that society...
action is constitutional, and under the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
challenges to the practice are assessed under the customary strict scrutiny
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
test for racial classifications.
Since September 11, 2001, there have been reports on increases in racial profiling
Racial profiling
Racial profiling refers to the use of an individual’s race or ethnicity by law enforcement personnel as a key factor in deciding whether to engage in enforcement...
at airports, particularly targeting people who appear to be Muslim or of South Asian or Middle Eastern descent
Stereotypes of Arabs and Muslims
Stereotypes of Arabs and Muslims have been presented in various forms by the mass media in Western culture and American culture. Stereotypical representations of Arabs are often manifested in a society's media, literature, theater and other creative expressions...
. It has been a routine practice by law enforcement officials to stop individuals who are profiled because of their race and religious and ethnic appearance or who may appear to be “suspicious."
In the United States
In the weeks following September 11, 2001, federal, state and local law enforcement officials investigated those responsible for the September 11 attacks during which nearly 3,000 people died. They assessed the United States's vulnerability to future acts of terrorismTerrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
. Conclusions found the suspects of the crime were by a group of foreign nationals of Middle Eastern descent.
In the wake of the September 11 attacks, US officials responded to fears of people traveling by air by beefing up security
Airport security
Airport security refers to the techniques and methods used in protecting airports and aircraft from crime.Large numbers of people pass through airports. This presents potential targets for terrorism and other forms of crime due to the number of people located in a particular location...
in and around the nation's airports. Despite more thorough investigation of baggage and increased security personnel, there were so many vast open spaces and exits and entrances at airport hubs to prevent possible incidents to occur.
Los Angeles International Airport
Los Angeles International Airport
Los Angeles International Airport is the primary airport serving the Greater Los Angeles Area, the second-most populated metropolitan area in the United States. It is most often referred to by its IATA airport code LAX, with the letters pronounced individually...
was recently found to be the most vulnerable to infiltration in the US when it comes to smuggling weapons. Knives
Knife
A knife is a cutting tool with an exposed cutting edge or blade, hand-held or otherwise, with or without a handle. Knives were used at least two-and-a-half million years ago, as evidenced by the Oldowan tools...
, gun
Gun
A gun is a muzzle or breech-loaded projectile-firing weapon. There are various definitions depending on the nation and branch of service. A "gun" may be distinguished from other firearms in being a crew-served weapon such as a howitzer or mortar, as opposed to a small arm like a rifle or pistol,...
s, and explosives carried by federal undercover inspectors were missed by LA International airport screeners at checkpoints 41% of the time in an airport security test. The test, which checked security at America's 32 biggest airports, was carried out in June by the Transportation Security Administration
Transportation Security Administration
The Transportation Security Administration is an agency of the U.S. Department of Homeland Security that exercises authority over the safety and security of the traveling public in the United States....
(TSA), which assumed responsibility for airport security.
Criticism
A 2009 study published in the Proceedings of the National Academy of SciencesProceedings of the National Academy of Sciences
The Proceedings of the National Academy of Sciences of the United States of America, usually referred to as PNAS, is the official journal of the United States National Academy of Sciences...
asserted that, due to terrorists being vastly outnumbered by innocents, racial profiling is no more effective than random profiling. It has also been claimed that any form of profiling is less secure than random profiling, because a terrorist cell can simply have a number of members go through airport security, until one is reliably not profiled, then use that individual to perform an attack. None of the 19 successful hijackers in the September 11 attacks was reported or even remembered by checkpoint supervisors.
Some critics ask if a rational reason exists to single out Arabic-looking men at airport.
King Downing, the national coordinator of the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
's Campaign Against Airport Racial Profiling, says he was the victim of profiling by police at Logan International Airport
Logan International Airport
General Edward Lawrence Logan International Airport is located in the East Boston neighborhood of Boston, Massachusetts . It covers , has six runways, and employs an estimated 16,000 people. It is the 19th busiest airport in the United States.Boston serves as a focus city for JetBlue Airways...
in Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...
, MA. He was going to the federal court to challenge a screening technique used around the country that looks at suspicious behavior patterns to identify potential terrorists.
Mr. Downing alleges he was stopped and questioned by state police
State police
State police are a type of sub-national territorial police force, particularly in Australia and the United States. Some other countries have analogous police forces, such as the provincial police in some Canadian provinces, while in other places, the same responsibilities are held by national...
after arriving on a flight to attend a meeting or racial profiling. Downing has sued the Massachusetts Port Authority
Massachusetts Port Authority
Massachusetts Port Authority, or Massport, is a port district in the Commonwealth of Massachusetts. It operates seaports and airports in eastern and central Massachusetts, mainly the Port of Boston. Its headquarters is located in the Logan Office Center, adjacent to Logan Airport in East Boston,...
, which operates the airport, and the Massachusetts State Police
Massachusetts State Police
The Massachusetts State Police is an agency of the Commonwealth of Massachusetts' Executive Office of Public Safety and Security responsible for criminal law enforcement and traffic vehicle regulation across the state...
, citing they violated his constitutional right
Constitutional right
An inalienable right is a freedom granted by a Nature or the Creator's endowment by birth , and may not be legally denied by that government.-United States:...
s. Downing, who is black and wears a short beard, believes he was targeted because of his race. In his lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
, Downing alleges the behavioral screening system used at Logan International Airport encourages racial profiling. His lawsuit also seeks a ruling to declare airport racial profiling as unconstitutional.
In 2002, after the September 11 attack on the US, Logan International Airport began a program called "Behavior Assessment Screening System" which allows police to question passengers whose behavior appears to be "suspicious". Logan was the first airport in the country to use the system.
The Transportation Security Act (TSA) has rolled out a similar system at more than 40 of the nation's largest airports.
Legality
Does the current situation facing America, the ongoing threat of terrorism, justify the inclusion of race, genderGender
Gender is a range of characteristics used to distinguish between males and females, particularly in the cases of men and women and the masculine and feminine attributes assigned to them. Depending on the context, the discriminating characteristics vary from sex to social role to gender identity...
, and age in profiling procedures at airports and other ports of entry?
In an article published by The Atlantic they summarize "the mathematical probability that a randomly chosen Arab passenger might attempt a mass murder
Mass murder
Mass murder is the act of murdering a large number of people , typically at the same time or over a relatively short period of time. According to the FBI, mass murder is defined as four or more murders occurring during a particular event with no cooling-off period between the murders...
suicide
Suicide attack
A suicide attack is a type of attack in which the attacker expects or intends to die in the process.- Historical :...
hijacking
Aircraft hijacking
Aircraft hijacking is the unlawful seizure of an aircraft by an individual or a group. In most cases, the pilot is forced to fly according to the orders of the hijackers. Occasionally, however, the hijackers have flown the aircraft themselves, such as the September 11 attacks of 2001...
is considerably higher than the probability that a randomly chosen white, black, Hispanic, or Asian passenger might do the same. In constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
, while racial profiling may be presumably unconstitutional, that presumption is overcome in the case of airline passengers, because the government has a compelling interest in preventing mass-murder-suicide hijackings and because close scrutiny of Arab-looking people is narrowly tailored to protect that interest."
"America faces a "clear and present danger" of hijackers taking control of airlines and either killing passengers of using these aircraft as flying bombs. All nineteen terrorists involved in the September 11 attacks belonged to the "Al-Qaeda
Al-Qaeda
Al-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...
terrorist network headed by Usama Bin Laden
Osama bin Laden
Osama bin Mohammed bin Awad bin Laden was the founder of the militant Islamist organization Al-Qaeda, the jihadist organization responsible for the September 11 attacks on the United States and numerous other mass-casualty attacks against civilian and military targets...
. These hijackers were exclusively adult males of Middle Eastern ethnicity."
US Support
The ObamaBarack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
administration's decision to heighten airport security for passengers while traveling to the US from 14 nations triggered a backlash of complaints from Muslim and privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
groups who say President Obama's response to terror threats amounted to little more than racial profiling.
Defenders of the policy say it is a carefully targeted way of zeroing in on those travelers who most likely pose a threat and hurt feelings should not matter after the US averted a midair bombing on an airliner heading to Detroit on Christmas day.
The TSA is dealing with these opposing arguments and continues to examine and adjust its screening policies in the best way to balance security and privacy.
Asa Hutchinson
Asa Hutchinson
William Asa Hutchinson is a former U.S. Attorney for the Fort Smith-based Western District of Arkansas, U.S. Congressman from the Third District of Arkansas, Administrator of the U.S. Drug Enforcement Administration and the first-ever Under Secretary for Border & Transportation Security at the U.S...
, former Homeland Security
Homeland security
Homeland security is an umbrella term for security efforts to protect states against terrorist activity. Specifically, is a concerted national effort to prevent terrorist attacks within the U.S., reduce America’s vulnerability to terrorism, and minimize the damage and recover from attacks that do...
undersecretary, stated "it is important to draw a line between profiling based on race and profiling based on national origin." "If you're talking about profiling based upon geographic origin or where they're flying from, absolutely," he said. "If you're talking about simply because they're part of a particular racial origin, absolutely not..You have to be smart about who you are inspecting."
Frank Cilluffo, former special assistant for Homeland Security under President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
, said "airports need to be "profiling" based on behavior even though its a "dirty word."
Conclusion
A recent poll by USA TodayUSA Today
USA Today is a national American daily newspaper published by the Gannett Company. It was founded by Al Neuharth. The newspaper vies with The Wall Street Journal for the position of having the widest circulation of any newspaper in the United States, something it previously held since 2003...
showed Americans are in favor of more intensive security check for people who fit a profile of terrorists based on age, ethnicity and gender.