[Congressional Record Volume 158, Number 50 (Tuesday, March 27, 2012)]
[Senate]
[Pages S2040-S2041]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            RACIAL PROFILING

  Mr. CARDIN. Mr. President, I rise today to discuss the tragic death 
of Trayvon Martin and the larger issue of racial profiling. On Monday I 
spoke about this issue at the Center for Urban Families in Baltimore. 
Joining me were representatives from various faith and civil rights 
groups in Baltimore, as well as graduates from the center's program.
  This weekend we saw numerous rallies take place across the United 
States, including rallies called Million Hoodie Marches where 
individuals wore hoodies in solidarity with Trayvon Martin.
  I was touched by what President Obama said on Friday about this case. 
He said:

       If I had a son, he'd look like Trayvon. And I think every 
     parent in America should be able to understand why it is 
     absolutely imperative that we investigate every aspect of 
     this. I think all of us have to do some soul searching to 
     figure out how something like this happened.

  That is why I am so pleased that the Justice Department, under the 
supervision of Attorney General Eric Holder, has announced an 
investigation into the avoidable shooting death of Trayvon Martin on 
February 26, 2012. As we all know from the news, an unarmed Martin, 17, 
was shot in Sanford, FL, on his way home from a convenience store by a 
neighborhood watch volunteer.
  I am pleased that the Civil Rights Division of the Justice Department 
will join the Federal Bureau of Investigation in investigating the 
tragic, avoidable shooting death of Trayvon Martin. In particular, I 
also support the Justice Department's decision to send the Community 
Relations Service to Sanford to help defuse tensions while the 
investigation is being conducted.
  I join all Americans in wanting a full and complete investigation 
into the shooting death of Trayvon Martin to ensure that justice is 
served. There are many questions we need the Justice Department to 
answer. One is whether Trayvon was the victim of a hate crime by 
Zimmerman. One is whether

[[Page S2041]]

Trayvon was a victim of racial profiling by the police. In other words, 
was Trayvon targeted by Mr. Zimmerman because he was Black? Was Trayvon 
treated differently by local law enforcement in their shooting 
investigation because he was Black and the aggressor was White? Would 
the police have acted differently with a White victim and a Black 
aggressor?
  The Department of Justice has the authority to investigate the 
potential hate crime as well as whether this is a pattern or practice 
of misconduct by local law enforcement in terms of applying the law 
equally to all citizens and not discriminating on the basis of race. 
Tom Perez is the Assistant Attorney General of the Civil Rights 
Division of the Department of Justice. I want to make sure we have both 
Federal and State investigations that ultimately prosecute offenders to 
the fullest extent of the law as well as make any needed policy 
changes, particularly to local police practices and procedures.
  Trayvon's tragic death also leads to a discussion of the broader 
issue of racial profiling. I have called for putting an end to racial 
profiling, a practice that singles out individuals based on race or 
other protected categories. In October of last year, I introduced 
legislation--the End Racial Profiling Act, S. 1670--that would protect 
minority communities by prohibiting the use of racial profiling by law 
enforcement officials.
  The bill would prohibit State and local law enforcement officials 
from using race as a factor in criminal investigations, including in 
``deciding upon the scope and substance of law enforcement activity 
following the initial investigatory procedure.''
  The bill would mandate training and provide grants on racial-
profiling issues and data collection by local and State law 
enforcement.
  Finally, the bill would condition the receipt of Federal funds by 
State and local law enforcement on two grounds. First, under this bill, 
State and local law enforcement would have to ``maintain adequate 
policies and procedures designed to eliminate racial profiling.'' 
Second, they must ``eliminate any existing practices that permit or 
encourage racial profiling.''
  The legislation I introduced is supported by the NAACP, the ACLU, the 
Rights Working Group, the Leadership Conference on Civil and Human 
Rights, and numerous other organizations. I look forward to the April 
18 advocacy day these civil rights groups are planning on Capitol Hill 
to lobby on racial-profiling issues and raise awareness about this 
issue and the legislation I have introduced.
  Racial profiling is bad policy. Given the state of our budgets, it 
also diverts scarce resources from real law enforcement. Law 
enforcement officials nationwide already have tight budgets. The more 
resources spent on investigating individuals solely because of their 
race or religion, the fewer resources we have to actually deal with 
illegal behavior.
  Racial profiling has no place in modern law enforcement. The vast 
majority of our law enforcement officers who put their lives on the 
line every day handle their job with professionalism, diligence, and 
fidelity to the rule of law. However, Congress and the Justice 
Department can and should still take steps to prohibit racial profiling 
and finally root out its use.
  The 14th amendment to the U.S. Constitution guarantees equal 
protection of the law to all Americans. Racial profiling is important 
to that principle and should be ended once and for all. As the late 
Senator Kennedy often said, ``Civil rights is the great unfinished 
business of America.'' Let's continue to fight here to make sure we 
truly have equal justice under law and equal protection of law as 
guaranteed by our Constitution.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Tennessee.

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