Guidance on Profiling – Letter to President Obama and DHS

December 26, 2016

To:
Barack Obama, President of the United States
Jeh Johnson, Secretary of the Department of Homeland Security
Felicia Escobar, Special Assistant to the President for Immigration Policy, White House Domestic Policy Council
Manar Waheed, Deputy Policy Director of Immigration, White House Domestic Policy Council

Over the past two years, we have been in communication with this administration about guidance from the U.S. Department of Homeland Security (DHS) to end its reliance on profiling on the basis of race, ethnicity, national origin, color, religion, sexual orientation, and gender identity as a method of national security and immigration enforcement.

As organizations representing diverse Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ), Asian Pacific Islander (API) and people of color communities, we urge the Department to adopt and issue guidance immediately.

To assist you in developing this guidance, attached is a model language, drafted in typical legal guidance form, developed by the National Queer Asian Pacific Islander Alliance (NQAPIA). The model language lays out the necessary policy changes to end existing practices of profiling. We ask that you take this guidance under consideration and enact these protections against profiling. We must keep our communities as safe as possible in the years to come.

Some highlights of this guidance include:

  • Examples detailing the inappropriate use of profiling, without exemption for matters concerning border security, national security, or state and local law enforcement.
  • A clear process for addressing allegations of profiling based on race, ethnicity, national origin, color, religion, sexual orientation, and gender identity.
  • A remedy for when inappropriate profiling is used. Resulting detention or deportation should be deemed improper and revoked, as already exists in criminal proceedings where wrongfully obtained evidence is suppressed.

In the final weeks of this administration, this issue is increasingly urgent. We ask that you take action before you leave office.

For further conversation, please contact Sasha W., Organizing Director for the National Queer Asian Pacific Islander Alliance (NQAPIA): sasha@nqapia.org.

Sincerely,

Sasha W.
Sasha W.
Organizing Director

Signatories:
18MillionRising
API Chaya
Alliance of South Asians Taking Action
API Equality LA
API Equality Northern California
Asian American Legal Defense and Education Fund
Asian Americans Advancing Justice
Asian Pacific American Labor Alliance, AFL-CIO
Asian Pacific Islander Queer Society
Asian Queers United for Action
Association of Asian Pacific Community Health Organizations
BiNet USA
Black and Pink
Center for Black Equity
CenterLink: The Community of LGBT Centers
DRUM – Desis Rising Up & Moving
Familia: Trans Queer Liberation Movement
Family Equality Council
GALA, Inc.
Gay Asian Pacific Alliance
GetEQUAL
Hotpot! Philly
Juntos
KhushDC
Lambda Legal
MASALA
Muslim American Women’s Policy Forum
NAPAFASA
National Asian Pacific American Women’s Forum
National Center for Transgender Equality
National Coalition of Anti-Violence Programs
National Council of Asian Pacific Americans
National Center for Lesbian Rights
National Federation of Filipino American Associations
National Immigration Project of the NLG
National LGBTQ Task Force
Network on Religion and Justice
OCA – Asian Pacific American Advocates
Providence Youth Student Movement
Satrang
South Asian Americans Leading Together
South Asian Bar Association of North America
Southeast Asia Resource Action Center
Transgender Law Center
Trikone
Trikone NW
U.T.O.P.I.A. Seattle
VAYLA-New Orleans
Washington Peace Center
Witness to Mass Incarceration

Attachment: DHS Guidance by NQAPIA