EPO 3

Question 1

What is DHS policy on Race Neutrality?

Answer 1

Racial profiling is prohibited. Race may be used if information is specific to particular suspect or incident. Also, DHS personnel may use race or ethnicity when a compelling governmental interest is present.

Question 2

What is “racial profiling”

Answer 2

• Invidious use of race or ethnicity as a criterion in conducting stops, searches, and other law enforcement activities
• erroneous assumption that any particular individual of one race or ethnicity is more likely to engage in misconduct than any particular individual of another race or ethnicity

Question 3

When may DHS personnel use race or ethnicity in making decisions?

Answer 3

specific,actionable information on particular suspects or incidents
Or
when a compelling governmental interest is present

Question 4

Did the following MIA violate DHS race neutrality policy?

MIA is doing vessel document checks at a marina immediately adjacent to an isolated ferry crossing. MIA receives BOLO for a suspect wanted for assulting a CBPO at a POE 20 miles north and was observed southbound toward the ferry crossing 10 minutes ago. Suspect’s description is a 5’8” Asian male with dark hair. For the next 30 minutes the MIA stops all vehicles at the crossing containing Asian males with dark hair between 5’6” and 5’10”.

Answer 4

No, he had specific, actionable information

Question 5

DHS policy prohibits the consideration of _____ or _____ in our daily law enforcement activities.

Answer 5

Race / ethnicity

Question 6

T/F: In an exceptional instance (ie. National security risk or compelling government interest) a CPB agent may take race and ethnicity into account.

Answer 6

True