The Justice Department’s proposed anti-discrimination policy would limit the ability of Federal Bureau of Investigation (FBI) agents and other federal law enforcement officers to infiltrate Muslim groups and deter potential terrorist threats, internal documents show.
Daily Caller (h/t Nita) The documents were provided to the Daily Caller by a source familiar with the proceedings who requested anonymity due to fear of professional retaliation.
The DOJ’s new anti-discrimination policy would expand restrictions against the use of protected characteristics in law enforcement activities, even when using protected characteristics to identify a suspect might otherwise be lawful, the documents show. DOJ Document 1 by James Lynch
When the new guidelines are finalized, officers would be prohibited from taking into account a person’s “actual or perceived race, ethnicity, gender, nationality, national origin, religion, sexual orientation, sex characteristics, disability status, or gender identity,” the documents show. These restrictions extend to the use of “facially neutral factors as a proxy” for protected characteristics.
Nationality is being added to the Justice Department’s list of protected characteristics, potentially reducing FBI agents’ ability to counter foreign terrorist organizations.
It was not included in the DOJ’s 2014 anti-discrimination guidelines and it is separate from national origin, which refers to ancestry and cultural characteristics rather than a person’s country of citizenship.
Using sources of a certain ethnicity to gain information about a terrorist group is not permitted and does not fall within the criteria necessary for an exception. An example laid out by the documents demonstrates that FBI agents and other federal law enforcement personnel will NOT be allowed to consider ethnicity for obtaining sources with information about foreign terrorist organizations.
“A foreign terrorist organization, which has never carried out an attack against the United States and is made up of members of a particular ethnicity, sets off a bomb in a foreign country,” the documents outline in an example.
“To gain intelligence on the evolving threat posed by the organization, and to gain insight into its intentions regarding the U.S. homeland and U.S. interests, the FBI may NOT consider ethnicity when developing human sources with information about the organization,” the documents say.
Additionally, officers are not allowed to rely on general stereotypes even in situations where an agent has been tipped off to a bomb threat and must quickly gather further information to deter the attack. An agent would only be allowed to pursue suspects with protected characteristics if they have specific information on the suspect’s appearance, the documents show.
“An FBI Agent receives a specific, credible, and reliable tip that an individual intends to detonate a homemade bomb in a train station during rush hour, but the tip does not provide any more information. The officer harbors stereotypical views about religion and therefore decides that investigators should focus on individuals of a particular faith. Doing so would be impermissible because it relies on general stereotypes, not specific facts,” the documents explain.
The Council On American Islamic Relations (CAIR)recently LOST its law suit which challenged the constitutionality of the United States Terror Watchlist. CAIR sued the Department of Homeland Security (DHS) on April 5, 2016 on behalf of 23 Muslims. The lawsuit challenged the validity of the Terror Screening Database (TSDB), the official name for the Terror Watchlist that is used by law enforcement and the private sector to protect millions of Americans and the citizens of several other countries from terrorism.
The Council on American Islamic Relations (CAIR) petitioned for rehearing en banc on May 14, 2021 a three judge panel decision before the full 4th U.S. Circuit Court of Appeals after the panel unanimously ruled against CAIR’s legal challenge to the Terror Watchlist. Not even one judge wanted to reconsider CAIR’s ludicrous challenge.