This Literature Review is on post-9/11 policies in the United States that influenced the policing of communities of color. I used multiple scholarly articles to address the negative impact of 9/11 policies on minorities. Writing this Literature Review opened my eyes to more injustices within the system. I was able to inform myself about policies that are still intact today despite their controversy.
Post-9/11: Policing in Communities of Color
Abstract
This paper examines the way Post-9/11 policies influenced the policing of communities of color in the United States. In this review, the goal is to address how the United States government allowed law enforcement agencies to unjustly police communities of color legally. The creation of the USA Patriot Act allowed the government to violate the constitutional rights of American citizens. Putting all the findings together should answer the question of how policies in the wake of 9/11 impacted communities of color.
Introduction
The attack on the Twin Towers on September 11th, 2001 shook the world. The terrorist attack was orchestrated by Al-Qaeda, a transnational extremist militant organization founded by Osama Bin Laden. Members of the group consist of Islamic extremists and Salafist jihadists. Many people feared for their safety after 9/11. In response to the fear, the United States government made a stance to declare War on Terror. The War on Terror was a global military campaign against terrorist organizations across the world. Countries apart from the United States also participated in the war against terror. During this time, the media acted as gasoline in the United States. Perpetuating stereotypes on what a terrorist looked like the Muslim community was most affected by this attack. According to Micheal Welch’s book Scapegoats of September 11th: Hate Crimes & State Crimes in the War on Terror thousands of people were detained within a few months of the September 11th attack. There were numerous cases where people held in detainment were deprived of food, strip-searched, and verbally accosted. This was made possible after the United States created the USA Patriot Act and the Department of Homeland security in the wake of 9/11. These policies made it possible for law enforcement to attack and police minorities without question.
The USA Patriot Act and the Department of Homeland Security
After the September 11 attacks on the Twin Towers, the United States government adopted and amended policies surrounding security and law enforcement. The USA Patriot Act of 2001 played a huge role in expanding the power held by law enforcement agencies. Kam C. Wong’s journal The USA Patriot Act: A policy of Alienation states that the USA Patriot Act allows the government to “monitor, investigate, detain, and deport Muslims legally in the name of security, without rudimentary due process of the law and in gross violation of their rights.” Due process is meant to protect people from unfair treatment and unjust detainment. Police officers were permitted to police and detain members of any community without proper evidence. This made it easier for people who had biases against vulnerable minorities to abuse their power. The USA Patriot Act made it easier for people to operate unjustly under the law.
Along with the Patriot Act, in the wake of 9/11 the United States government created the Department of Homeland security (DHS). Robyn M. Rodriguez’s article (Dis)Unity and Diversity in Post-9/11 America states that “under the new DHS, the policing and enforcement functions of immigration authorities, both external and internal, were increased. (Rodriguez, 2008, p.381) Under the DHS, Customs and Border Protection (CBP) and the US immigration and customs enforcement (ICE) was established. The creation of the DHS spread fear amongst immigrant communities. Under the Patriot Act, the DHS was able to monitor these communities to figure out if any members were illegally staying in the country. They also played a role in the high rates of detainment. The DHS detained and deported thousands of Muslim immigrants believing they had a connection with an Islamic terrorist organization. With the USA Patriot Act, The DHS left communities of color vulnerable across the country.
Law Enforcement and Human Cost
In the wake of September 11, law enforcement agencies were given a role to monitor citizens and obstruct any potential of terrorism through the USA Patriot Act. Racial/ ethnic profiling was a tool officers used to determine whether someone was a terrorist. Profiles included phenotypical features, religion, and outer garments. According to Andrea J. Ritchie and Joey L. Mogul’s In the Shadows of the War on Terror: Persistent Police Brutality,descriptions that are given to police about suicide bombers include, “ “loose” clothing – which encompasses a wide range of culturally specific attire, having a “[p]ale face from recent shaving of beard,” – which necessarily requires having darker skin, to begin with, and “carrying heavy luggage, bag, or wearing a backpack” and “walking with deliberation but not running.”” (Ritchie & Mogul, 2008, p. 217) Vague descriptions were used to target communities of color– people who fit descriptions of a terrorist were arrested and detained. In correspondence communities that had higher demographics of people of color were under surveillance by local police and the Federal Bureau of Investigation (FBI). In particular, Muslim communities faced constant harassment. They were regularly monitored for suspicious activity. Members of targeted communities found themselves questioning their place in the country. No laws were set in place to prevent racial and ethnic profiling. Officers and detainments went by unregulated during that year. In 2003, former President Bush released a set of guidelines titled Regarding the Use of Race by Federal Law Enforcement Agencies, these guidelines were against racial profiling. (ACLU, 2004, p.1) Nonetheless, since they were guidelines and not law– enforcement agencies were not obligated to abide by them. It was never dismantled and remained an institutional practice used by local law enforcement across the country.
The human cost of racial/ethnic profiling and the policing of communities post-9/11 is immeasurable. According to ACLU’s report on Sanctioned Bias: Racial Profiling since 9/11 people can find themselves “shackled hand and foot, held incommunicado in solitary confinement for months at a time.” (ACLU, 2004, p. 11) People with no connection to terrorism filled detention centers. The only thing that these people of color had in connection with terrorism is that they fitted the vague description handed to law enforcement officers. Post-9/11 a large number of people detained were Muslim or Middle Eastern. However, other minorities were equally affected by policy changes made in the wake of the September 11th. The descriptions given to police officers encompassed a large group of ethnicities and races. Any person of color who acted suspiciously was immediately targeted. The USA patriot act also allowed people of color in the United States to be searched without a warrant. In cities were racism appeared more blatantly, people of color were openly searched on streets. Officers were even permitted to search individual homes. Many women of color were targeted and sexually harassed by officers. No minority was left untouched by the USA Patriot Act.
Conclusion
The creation of the USA Patriot Act and the Department of Homeland Security increased the amount of policing in communities of color. Law enforcement agencies abused policies set in place to prevent terrorism and detained thousands of people. Most of the people detained had no connection to any terrorist organization. Law enforcement’s use of racial and ethnic profiling had an immeasurable human cost. People were detained for months in poor conditions. Communities of color were under constant surveillance. In the wake of 9/11, all minority communities were affected by legal policies created to obstruct and intercept terrorism.
The USA Patriot Act has been reauthorized multiple times since 9/11. Each time the act is reauthorized it is edited to encompass what is happening politically in the United States. Law enforcement is not without institutional bias, the number of black and brown inmates has risen since 9/11. The statistics that surround the imprisonment and of people of color have exposed the higher rates of incarceration. The creation of the backdoor— the USA patriot act— made it easier for police officers to target communities of color today. It allowed for unauthorized searches on the premise that there is some suspicion. According to ACLU’s article Surveillance Under the USA/Patriot Act, there is little to no judicial oversight on the powers given to law enforcement. The lack of regulation has made it possible for unjust arrests and searches. Minorities still find themselves vulnerable to the USA Patriot Act.
References
The Editors of Encyclopaedia Britannica. (2019, February 6). Al-Qaeda. Retrieved May 10, 2020, from https://www.britannica.com/topic/al-Qaeda
Mogul, J. L., & Ritchie, A. J. (2008). In the Shadows of the War on Terror: Persistent Police Brutality and Abuse of People of Color in the United States. DePaul Journal for Social Justice, 1(2), 1–77. Retrieved from https://via.library.depaul.edu/cgi/viewcontent.cgi?article=1075&context=jsj
Racial Profiling Since 9/11 report. (2004, February). Retrieved April 27, 2020, from https://www.aclu.org/report/racial-profiling-911-report
Rodriguez, R. (2008). (Dis)unity and Diversity in Post-9/11 America. Sociological Forum, 23(2), 379-389. Retrieved April 27, 2020, from www.jstor.org/stable/20110274
Surveillance Under the Patriot Act. (n.d.). Retrieved May 10, 2020, from https://www.aclu.org/issues/national-security/privacy-and-surveillance/surveillance-under-patriot-act
Welch, M. (2006). Profiling and Detention in Post-9/11 America. In Scapegoats of September 11th: Hate Crimes & State Crimes in the War on Terror (pp. 77-101). Rutgers University Press. Retrieved April 27, 2020, from www.jstor.org/stable/j.ctt5hj5ch.9
Wong, K. C. (2006). The USA Patriot Act: A Policy of Alienation. Michigan Journal of Race and Law, 12, 1–43. Retrieved from https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1111&context=mjrl