Biden to bar federal agents from considering race, nationality in most investigations

Federal law enforcement agents will be prohibited from considering a suspect’s nationality or ethnicity in criminal investigations when the Justice Department announces updates to its anti-discrimination guidelines. 

The pending move raises concerns about tying investigators’ hands, particularly in terrorism cases.

The rules are expected to be released around the anniversary of the death of George Floyd on May 25. A draft of the guidelines, viewed by The Washington Times, shows that the administration would add nationality as a “protected characteristic” that investigators cannot consider while conducting most investigations.

The Justice Department would bar law enforcement agents, including the FBI and the Department of Homeland Security, from considering the race and ethnicity of suspects. Homeland Security is responsible for border security.

The guidelines were last updated in 2014. President Biden issued an executive order last year directing the department to update the rules. Nationality was not a “protected characteristic” in the 2014 guidelines.