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...Thus, instead of curbing racial profiling, the exceptions in the guidance have actually promoted profiling and created a stronger justification for state and local law enforcement agencies to racially
profile individuals who are or who appear to be Arab, Muslim or South Asian. It is no surprise that in the wake of the guidance, and absent
the requirement of legal proof of suspected criminal
activity, Arabs, Muslims and South Asians have been disproportionately victimized through various governmental initiatives including FBI
surveillance and questioning, the NSEERS (special
registration) program, border stops, airline profiling and the creation of “no-fly lists,” and religious surveillance...
