From The Gathering Storm Blog

You’re going to hear a lot about ERPA. What’s that? Officially, it’s the “End Racial Profiling Act”. Unofficially, it’s the tie the hands of security personnel at airports, don’t stop persons suspicious of terrorism, tie the hands of law enforcement officials, full employment for trial lawyers, putting CAIR and the ACLU in charge, paralyzing Homeland Security, money to extremist Islamists protection act.

Hat tip to the 910 Group Terresa Monroe-Hamilton, and staff.

You’ll hear a lot about the End Racial Profiling Act – ERPA – in the next months: just what is ERPA, and why do we think it will seriously threaten our ability to protect the U.S. and our Allies? ERPA would bar any federal, state or local law enforcement agency from “relying, to any degree, on race, ethnicity, national origin, or religion in selecting which individuals to subject to routine or spontaneous investigatory activities.” That would include questioning, searches and seizures. ERPA failed to become law when it was introduced in 2001 and 2004, but this session may be different. Speaker of the House Nancy Pelosi (D-CA), Rep. John Conyers Jr. (D-MI), Senator Russ Feingold (D-WI) and newly elected “CAIR’s Congressman” Rep. Keith Ellison (D-MN) will reintroduce ERPA in this Congress, and all consider it a high priority. It’s a disastrous piece of legislation: the epitome of Dhimmitude.

  • ERPA defines “Racial Profiling” as any human characteristics, and would prohibit a “… law enforcement agent relying, to any degree, on race, ethnicity, religion, or national origin in selecting which individuals to subject to routine or spontaneous investigatory activities, or in deciding upon the scope and substance of law enforcement activity following the initial investigatory procedure.”
  • — ERPA Prevents Law Enforcement: Those “routine or spontaneous activities” include “interviews; traffic stops; pedestrian stops; frisks and other types of body searches; consensual or nonconsensual searches of the persons or possessions (including vehicles) of motorists or pedestrians; inspections and interviews of entrants into the United States that are more extensive than those customarily carried out; immigration related workplace investigations; and such other types of law enforcement encounters compiled by the FBI and the Justice Department’s Bureau of Justice Statistics” [therefore all possible criminal or intelligence or homeland security situations].
  • ERPA Compromises National Security:: ERPA would expand the 2003 Judicial guidance against racial profiling because that guidance “contains an overbroad exception for immigration and national security matters.”
  • ERPA Guarantees Full Employment for Trial Lawyers: It encourages lawsuits in the event of any profiling against any governmental unit that employed any law enforcement agent, any agent of that unit, or any person with supervisory authority over that agent.
  • ERPA Requires No Actual Proof other than Guilt by “disparate impact”: CAIR and the ACLU can just assert a “disparate impact” to justify lawsuits, rather than needing any “proof”: “Proof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on racial, ethnic, or religious minorities shall constitute prima facie evidence of a violation of this title.”
  • ERPA Guarantees Extortionate Fees to Trial lawyers and Islamist “Experts”: U.S. taxpayers get to pay trial lawyers’ fees, and expert fees to CAIR and other “disparate impact” experts: “In any action or proceeding to enforce this title against any governmental unit, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fee.”
  • ERPA Paralyzes Homeland Security with Reporting and Paperwork: Police will stay busy collecting “data on routine investigatory activities sufficient to determine if law enforcement agents are engaged in racial profiling,” plus complying with “independent [CAIR, ADC, INSA, MAS] procedures for receiving, investigating, and responding meaningfully to complaints alleging racial profiling by law enforcement agents,” and the all important CAIR-bullying provision, “procedures to discipline law enforcement agents who engage in racial profiling.”
  • ERPA Puts CAIR, ADC and ACLU in charge of Law Enforcement Grants Programs: Localities can only apply for a wide range of unrelated DOJ federal grants if they’re certified as non-profilers (including Local Law Enforcement Block Grants), and guess who can block certification: “private parties [CAIR, ADC, ISNA, MAS] to present evidence to the Attorney General that a grantee is not in compliance.”

ERPA Guarantees Lucrative Grants to Extremist Islamist Trainers and Enforcers: DOJ provides grants to public and private organizations to provide training, data collection and systems to capture any possible profiling, including “in-car video systems.”

ERPA will aide Jihadists and terrorists, while simultaneously tying the hands of Homeland Security and other agencies trying to protect us from terrorist attacks. It would give Islamofascism a giant boost towards undermining our government and gaining a strong foothold here in the United States. Intelligence assessments would become almost impossible and would be weakened to the point of uselessness.

The full text of ERPA can be found at

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[Edited by Simon – Removed ‘extra’ html]

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