Senator Feingold Questions Secretary Napolitano on Racial Profiling

Secretary Napolitano hardly budged from Department of Homeland Security (DHS) talking points when questioned in an oversight hearing on the Department by Senate Judiciary Committee members. Senator Feingold raised his concerns about the lack of appropriate standards for searching U.S. citizens at the border and loopholes in DHS policies and guidance that allow for individuals' electronic devices to be searched absent probable cause. Napolitano clearly stated: "The reasonable suspicion standard does not apply at the border. . . entry into the [U.S.] is not viewed as an absolute right."Senator Feingold also questioned Secretary Napolitano about the 287(g) and Secure Communities programs and asked why, if the goal of the programs was to target and deport dangerous criminal non-citizens, the programs are resulting in the pursuit of individuals charged with minor offenses. "Why," he asked, can't DHS "limit arrests and referrals to felonies?" The Secretary responded in expectedly pro forma fashion, stating that DHS had attempted to put more controls in place by setting priority levels for the Secure Communities program and by revising  and standardizing the memorandum of understanding for the 287(g) program. Advocates, however, have questioned how exactly DHS expects to ensure that state and local police aren't incentivized by these programs to racially profile.