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1 Coalition Privacy Asks of Secretary Mayorkas and the Department of Homeland Security 1 (2021)

handle is hein.brennan/cltpsym0001 and id is 1 raw text is: September 15th, 2021 The Honorable Alejandro Mayorkas Secretary of Homeland Security United States Department of Homeland Security 2707 Martin Luther King Jr Ave SE Washington, DC 20528 Dear Secretary Mayorkas, Our coalition of civil libertarians, technologists, and advocates for government accountability and civil and human rights thanks you for meeting with us to discuss our concerns associated with select Department of Homeland Security (DHS) programs. We appreciate your considering policy solutions to mitigate these concerns. Although not all of our organizations work directly on-or can speak directly to-all of the recommendations described below, we write to you jointly to summarize the key concerns we raised at the meeting and the recommendations we offered to address them. As you noted, the Department's welcome is the first interaction that virtually all migrants and visitors to the United States receive. We want to ensure that sentiment applies to the civil rights and liberties of citizens and non-citizens alike, at the border and throughout the country. Our key recommendations for the Department will help ensure it can perform its missions while respecting civil rights and civil liberties and creating a welcoming and inclusive atmosphere. To that end, we have two overarching requests, and three requests concerning specific programs. First, we ask that you review and revise the Department's non-discrimination and racial profiling guidance, including DHS's 2013 memorandum on the Department's Commitment to Nondiscriminatory Law Enforcement and Screening Activities and CBP's 2020 Policy on Nondiscrimination in Law Enforcement Activities and All Other Administered Programs.' These materials, taken together with the Department of Justice's 2014 racial profiling guidance,2 permit bias-based profiling in the national security context, at the border, and in protective, inspection, or screening activities. They further facilitate abusive approaches across a range of Department policies, programs, and subcomponents.3 New guidance I Memorandum from Sec'y Napolitano, Dep't of Homeland Sec., to Component Heads (Apr. 26, 2013), https: / /www.dhs.gov/sites /default /files /publications /secretary-memo-race-neutrality-2013 0.pdf; CBP Pokcg on Nondiscrimination in La) Enforcement Activities and all other Administered Programs, Dep't of Homeland Sec. (last modified Feb. 24, 2020), https: / /www.cbp.gov/about /eeo-diversitv/policies /nondiscrimination-law- enforcement-activities-and-all-other-administered. 2 See Fact Sheet: U.S. Department of Justice Racial Profiling Guidance, Dep't of Homeland Sec. (Dec. 8, 2014), https: / /www.dhs.gov/news /2014 /12/08 /fact-sheet-us-department-justice-racial-profiling-guidance; Dep't of Justice, Guidance for Federal Law Enforcement Agencies Regarding the Use of Race, Ethnicity, Gender, National Origin, Religion, Sexual Orientation or Gender Identity (Dec. 2014), https://www.dhs.gov/sites/default/files/publications/use-of-race-policy 0.pdf. 3 The Department adopted the policy after insisting that it was impractical to ignore ethnicity when it came to border enforcement. See Matt Apuzzo & Michael S. Schmidt, U.S. to Continue Racial, Ethnic Profiling in Border Po§cy, N.Y. Times (Dec. 5, 2014), https: / /www.nytimes.com/2014 /12/06/us /politics /obama-to- 1

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