ERRPA
The End Racial and Religious Profiling Act of 2025 (ERRPA) aims to eliminate discriminatory profiling by law enforcement at the federal, state, local, and tribal levels. It bars racial profiling and sets up a comprehensive framework requiring policies, data collection, training, complaint mechanisms, and independent oversight to reduce, detect, and remedy discriminatory practices. The bill creates enforcement options (civil actions for individuals or the United States) and ties federal funding to compliance, requiring grant recipients to adopt anti-profiling policies, participate in complaint or audit programs, and implement data collection and reporting. It also directs the Department of Justice to develop and regulate data standards, publish annual reports, and evaluate impact through a data demonstration project and best-practices grants. Key elements include a broad definition of “racial profiling,” a data collection regime that disaggregates data by race, ethnicity, religion, and other characteristics (without publishing personal identifiers), and ongoing oversight and reporting to Congress.
Key Points
- 1Prohibition and enforcement: No law enforcement agent or agency may engage in racial profiling; civil actions can be brought by the United States or individuals for declaratory or injunctive relief, with potential attorney’s fees for prevailing private plaintiffs.
- 2Federal agency reforms: Federal law enforcement must adopt explicit policies prohibiting racial profiling, provide training, collect data, establish complaint mechanisms, and implement other measures needed to eliminate profiling.
- 3Grants conditioning for state/local/tribal agencies: Grant applications must certify anti-profiling policies, include data collection plans, and participate in official complaint procedures or independent audits; effective 12 months after enactment.
- 4Data collection and privacy: The Attorney General must issue regulations to collect data on routine investigatory activities, disaggregated by race, ethnicity, religion, gender, etc., with location/date/time, and without personal identifiers; data must be retained, analyzed for disparities, and reported publicly (as appropriate) while protecting privacy.
- 5Reporting and oversight: The Attorney General must issue additional regulations and provide annual reports on racial profiling, including data analyses, policy adoption progress, and recommendations to improve prevention and accountability.