Examining Racial Profiling Post 9/11 - Case Study Example

John Doe Plum ENG101 November 7, 2005 Examining Racial Profiling Post 9/11 In our nation today, racial profiling is generally understood to be improper - even illegal. While this remains true in regards to a white police officer stopping a black motorist for DWB (Driving While Black), the concept seems to be gaining acceptance when it comes to the narrow focus of profiling Arabs at airport security checkpoints. After the attacks of 9/11/2001, which were obviously perpetrated by men from the Middle East, many U.S. citizens have become more aware of racial profiling as it relates to security issues. Although such a position could not have been supported prior to September 11, it does seem acceptable - and reasonable - to profile people who appear to be Arab since they are perceived to be the group that hate Americans and are willing to die to make their point. The case can be made that this type of limited racial or ethnic profiling is necessary considering the new reality that exists post 9/11. I would like to emphasize at the outset, that the profiling addressed in this essay is of a relatively limited nature - focusing on security measures at airports or any other areas of the transportation industry that may be a potential target of terrorists. In this regard, here are two facts to consider. First: Out of the 19 hijackers on those four planes that were hijacked on September 11, all 19 were Arabs. Second: Although most Arabs are definitely not terrorists, it does appear that most terrorists are Arabs. Indeed, “Of the 22 suspects on the FBIs "most wanted" list of international terrorists, all are Arabic, all are practitioners of Islam and all come from known state incubators of terrorism in the Middle East.” (Riley 2001) Lest we think that primarily white Americans are proponents of this radical thinking, note the results from a Gallup Poll that was published in The Boston Globe: 71% of black respondents said they would favor more intensive security checks for Arabs, including those who are U.S. citizens, before they boarded planes; 57% of whites said they would favor such a policy; and 63% of other nonwhites said they, too, would favor it. So it would appear from this poll, as well as others, that a clear majority of the population is undeniably in favor of profiling Arabs as a means of increasing National Security. However, this is America - and in America we do not accept the profiling of an entire group of our citizens - racially, ethnically, or otherwise. If you think that is true, you would be mistaken. In reality, there are two specific areas in which racial profiling not only exists in the United States - but also is necessary and beneficial and, in one case, backed by the Supreme Court. Roy Hazelwood exemplifies the first area. Who is Roy Hazelwood? He is a member of the FBI’s Investigative Support Unit (formerly Behavioral Sciences) who has studied deviant crime perpetrated by serial sex offender killers. His studies have found that, “Every single sexual deviation is overwhelmingly dominated by white males. And most sexually related ritualistic crimes are committed by white males.” (Hazelwood, Michaud, 2001) Other studies have confirmed that conclusion: “The typical serial killer is male (88%), between the ages of 25-35, and white (85%). The majority of time he will kill white victims. 76% of all serial killers live in the United States.” (Apsche, J., 1993). These statistics are beyond debate, and are therefore used in FBI (as well as other law enforcement agency) investigations to profile potential suspects. It would be completely unreasonable, not to mention dangerous, to ignore established patterns and target say - a 50 year old black woman, as the primary suspect in a string of serial killings. More often than not - in fact, at least 85% of the time - the white guy did it, so racial profiling is necessary and beneficial in attempting to solve these types of crimes. Another area that uses a form of racial profiling may come as a surprise to most: affirmative action. Racial profiling is considered offensive on its face because it is considered to be discrimination. But take the time to think seriously about these comments by Michael Kinsley: “You can believe (as I do) that affirmative action is often a justifiable form of discrimination, but you cannot sensibly believe that it isn’t discrimination at all. Racial profiling and affirmative action are analytically the same thing. When cops stop black drivers or companies make extra efforts to hire black employees, they are both giving certain individuals special treatment based on racial generalizations. The only difference is that in one case the special treatment is something bad and in the other it’s something good.” (Slate Magazine, 2001) In the case of affirmative action, the Supreme Court decided that racial classifications that benefited underrepresented minorities were to only be upheld if necessary and if they promote a compelling governmental purpose. (Richmond v. JA Croson Co.) In addition, several decisions of the court were based on the fact that the policies under review were narrowly tailored (Grutter v. Bollinger, 2003) to achieve a compelling interest. Since affirmative action itself is a legal exception to the Equal Protection Clause of the Fourteenth Amendment, I believe the Supreme Court has set the precedent to justify narrowly tailored selective searches at airports (or other high security areas) based on race, since such actions can indeed be considered “necessary” and “promote a compelling governmental purpose” - specifically, National Security. Of course, not everyone agrees with this position. Many people have compared the act of ethnically profiling Arabs because they look like our enemies as tantamount to what occurred during World War Two, when Japanese Americans were unfairly targeted and placed in detention camps. The fear is that allowing even a very narrow use of profiling in this regard would start the United States on a slippery slope that has no foreseeable end. Frank Wu, a professor at Howard University Law School also believes strongly that, “Civil rights shouldnt be a matter of cost benefit analysis.” (Lehrer 2001) A 2001 article in the academic journal Social Education further questions whether laws that have been a cornerstone of U.S. domestic policy for decades should be disregarded simply because we are at war. (O’Brien 419) For example, are most Americans truly prepared for the sacrificing of basic privacy rights - even if those rights belong to Arab Americans? Another problem that arises from profiling “Arabic looking” individuals is: who defines what that means? People of Indian decent or Hindu Sikhs may appear to be Arabic to many employees at security checkpoints. Unfortunately the racist radical fringes of our own society have used the reality of Arab terrorists to commit hate crimes, supposedly in the name of defending their country. There is, of course, no place in the United States for that mindset. But, beyond that, the argument is also made that there is no evidence in place that can prove that ethnic or racial profiling is an effective deterrent. While that may hold true in this country, the same can not be said for Israel. After examining both sides of this issue, and understanding the reality of the times in which we live, I would submit that - despite the civil rights issues raised - one step the United States should give thought to is implementing security measures - featuring ethnic profiling - similar to those used by Israel’s El Al airline. Staff at that well-known airport scrutinize the passengers’ names, dividing them into low-risk (Israeli or foreign Jews), medium risk (non-Jewish foreigners), and extremely high-risk travelers (anyone with an Arabic name). Individuals with Arab names are automatically taken into a room for body and baggage checks and lengthy interrogation. Although this policy may seem intrusive, the facts speak for themselves - despite being the highest priority target of Arab extremists, Israel has not had a single airline hijacking in over 37 years. I would call that a successful track record. The logistical problems that would be inherent with applying El Al style security measures at U.S. airports however are self-evident. There are a relatively insignificant total number of flights in the air over Israel on any given day compared to the United States. However, I do believe that some movement toward that goal should be immediate, before airport security is compromised again. In light of the foregoing, I propose that it is in the best interest of the United States to not allow the negative perception of the term “racial profiling” to impact the decision making process when it affects national security. This point was emphasized in the Wall Street Journal: “To ignore the fact that Americas enemies in this war share a faith and ethnicity - and that their actions, by their own reckoning, are ethnically and religiously inspired - would be self-deluding and foolish.” (Riley 2001) As long as this type of racial or ethnic profiling is carried out in a strictly limited manner, and restricted to high-risk areas, I believe the end result will be positive. Lives will be saved. References Apsche, J. “Probing the mind of a serial killer“. International Information Associates. 1993 Hazelwood, Roy, and Stephen G. Michaud. “Dark Dreams: Sexual Violence, Homicide, and the Criminal Mind“. New York: St Martins Press. 2001 Ifill, Gwen. “Profile of a Terrorist”. Transcript. NewsHour with Jim Lehrer. Sept. 26, 2001 Kinsley, Michael. “Racial Profiling at the Airport” Slate Magazine Sept. 28, 2001 O’Brien, Ed. Social Education. Nov/Dec2001, Vol. 65 Issue 7, p419, 7p, 2c, 1bw Riley, Jason L. “Racial Profiling and Terrorism”. Wall Street Journal. October 24, 2001 United States Reports. Government Printing Office. 1991 United States Reports. Government Printing Office. 2004 Outline Examining Racial Profiling Post 9/11 I. Thesis: racial/ethnic profiling of Arabic individuals has become a necessary airport security measure due to the September 11 attacks II. Reasons why this type of profiling is reasonable A. September 11 attacks were carried out by Arabs B. Majority of major terrorist groups today are Arabic C. Majority of U.S. citizens favor intensive security checks for Arabs III. Racial profiling is already being productively practiced in United States A. FBI profiling of serial killer suspects B. Affirmative action C. Profiling would be narrowly structured IV. Opposition to racial/ethnic profiling A. Comparisons to Japanese internment camps in WWII B. Violates individual civil rights C. Difficulty in identifying who is Arabic V. Benefits of examining El Al style security measures A. Success of Israel’s airline security B. Ramifications for United States VI. Summary A. Saving lives in primary Read More