H.R. 5727: End Racial and Religious Profiling Act of 2025

This bill, titled the End Racial and Religious Profiling Act of 2025 (ERRPA), aims to eliminate racial and religious profiling in law enforcement practices across various levels of government in the United States. Below are the key provisions of the bill, organized by sections.

1. Definitions

The bill outlines several important definitions, including:

• Covered program: Programs or activities that receive federal funding under specific crime control acts.
• Law enforcement agency: Any federal, state, local, or tribal agency that enforces laws.
• Racial profiling: The practice of law enforcement relying on race, ethnicity, religion, gender, or sexual orientation in assessing whether to engage in investigatory activities, except when there is trustworthy information linking an individual to criminal activity.

2. Prohibition of Racial Profiling

The bill states that no law enforcement agents or agencies can engage in racial profiling. It allows individuals or the U.S. government to bring civil actions to seek justice for violations, which may include declaratory or injunctive relief. There are also provisions for attorney’s fees for prevailing plaintiffs.

3. Programs to Eliminate Racial Profiling

Federal law enforcement agencies must establish policies and procedures designed to prevent racial profiling and cease any practices that permit it. These policies include:

• A prohibition on racial profiling
• Training for law enforcement personnel on the issues of racial profiling
• Data collection initiatives to monitor and evaluate practices
• Procedures for responding to allegations of racial profiling

4. Grant Conditions for State, Local, and Tribal Agencies

State and local agencies applying for grants must certify that they have policies to eliminate racial profiling. These policies should also embody the same principles outlined for federal agencies, including training and data collection.

5. Data Collection

The bill requires the Attorney General to establish regulations for the collection and analysis of data regarding investigatory activities by law enforcement. This data must be disaggregated by race, ethnicity, gender, and religion, and will be used to assess potential racial profiling.

6. Reports and Regulations

The Attorney General is required to issue regulations and submit annual reports to Congress, detailing the findings regarding racial profiling practices across law enforcement agencies. These reports will include summaries of data collected and progress made in implementing the act’s requirements.

7. Miscellaneous Provisions

The bill contains provisions for severability, ensuring that if any part is found unconstitutional, the rest remains in effect. It also clarifies that it does not limit other legal remedies available to individuals under existing federal laws.

Responsible Enforcement and Best Practices

The bill encompasses a framework for the development of best practices within law enforcement agencies, promoting respectful engagement with the public and methods to monitor compliance with these practices.

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