Prohibition on racial profiling

(a) Definitions In this section: (1) Law enforcement agency The term law enforcement agency means any Federal, State, local, or Tribal public agency engaged in the prevention, detection, or investigation of violations of criminal, immigration, or customs laws. (2) Law enforcement agent The term law enforcement agent means any Federal, State, local, or Tribal official responsible for enforcing criminal, immigration, or customs laws, including police officers and other agents of a law enforcement agency. (3) Racial profiling The term racial profiling means the practice of a law enforcement agent or agency relying, to any degree, on actual or perceived race, ethnicity, national origin, religion, gender, gender identity, or sexual orientation in selecting which individual 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, except when there is trustworthy information, relevant to the locality and timeframe, that links a person with a particular characteristic described in this paragraph to an identified criminal incident or scheme. (4) Routine or spontaneous investigatory activities The term routine or spontaneous investigatory activities means the following activities by a law enforcement agent: (A) Interviews. (B) Traffic stops. (C) Pedestrian stops. (D) Frisks and other types of body searches. (E) Consensual or nonconsensual searches of the persons, property, or possessions (including vehicles) of individuals using any form of public or private transportation, including motorists and pedestrians. (F) Data collection and analysis, assessments, and predicated investigations. (G) Inspections and interviews of entrants into the United States that are more extensive than those customarily carried out. (H) Immigration-related workplace investigations. (b) Prohibition No law enforcement agent or law enforcement agency shall engage in racial profiling. (c) Enforcement The United States, or an individual injured by racial profiling, may enforce this title in a civil action for declaratory or injunctive relief, filed either in a State court of general jurisdiction or in a district court of the United States.