August, 30 2016, 08:30am EDT
For Immediate Release
Contact:
Email:,press@civilrights.org,Phone: (202) 869-0398
67 Organizations Urge Justice Dept. to Improve Data Collection Mandate on Deaths in Police Custody
67 national and local criminal justice, civil rights, human rights, faith-based, immigrants' rights, LGBTQ, and open government organizations urged the Department of Justice (DOJ) to strengthen its proposed rule outlining the process for police departments to collect and report data about people who die while in police custody.
WASHINGTON
67 national and local criminal justice, civil rights, human rights, faith-based, immigrants' rights, LGBTQ, and open government organizations urged the Department of Justice (DOJ) to strengthen its proposed rule outlining the process for police departments to collect and report data about people who die while in police custody.
In a letter sent yesterday, the organizations responded to DOJ's proposal for implementing the Deaths in Custody Reporting Act (DICRA), which requires police departments across the country to disclose details to the federal government about custodial deaths. DICRA was signed into law in 2014 in response to a troubling lack of reliable data on these deaths and DOJ is currently collecting comments on its implementation proposal that was published August 4, 2016. The comment period will close on October 3, 2016. Signers include The Leadership Conference on Civil and Human Rights, the ACLU, the NAACP Legal Defense and Educational Fund, the United Methodist Church, the National Immigration Law Center, the National LGBTQ Task Force, the Southern Poverty Law Center, among many others.
In their letter, the organizations list a number of deficiencies in the proposal that are a "departure" from DICRA, including a lack of accountability to ensure state and local police are actually reporting the data; a failure to condition federal funding on adequate reporting; a disturbing reliance on media reports instead of police departments for data; a lack of clarity on how DICRA applies to federal agencies; and the absence of a clear definition of the word "custody."
The groups are especially concerned about the lack of consequences for not reporting accurate data because "voluntary reporting programs on police-community encounters have failed. Only 224 of the more than 18,000 law enforcement agencies reported about 444 fatal police shootings to the Federal Bureau of Investigation (FBI) in 2014, though we have reason to believe that annual numbers of people killed by police exceeds 1,000."
"The loopholes in these regulations are cavernous," said Wade Henderson, president and CEO of The Leadership Conference on Civil and Human Rights. "You can't fix what you can't measure. Police departments should report deaths in custody when they happen; it should be that simple. But these regulations make it clear that DOJ would rather bend over backwards to accommodate police departments' dysfunction or reluctance. There should be simple procedures so that police can provide complete and accurate data or face clear consequences for non-compliance."
"Relying on news coverage for the data reporting work of departments is especially problematic," Henderson continued. "Newsrooms are shrinking across the country and - now more than ever-- it's the government that should be providing journalists with transparent data, not the other way around."
The groups also want the regulations to include a broader range of potential areas of police misconduct. "To achieve complete and uniform data collection and reporting, the federal government must solicit disaggregated data that is reflective of all police-civilian encounters, including those encounters with people of color, women, and people with disabilities. Data concerning sexual assault and misconduct by law enforcement agents should also be collected and reported," they said.
The letter and a complete list of signers is linked here and pasted below.
--
August 29, 2016
The Honorable Loretta Lynch The Honorable Sallie Yates The Honorable Karol Mason
Attorney General Deputy Attorney General Assistant Attorney General
U.S. Department of Justice U.S. Department of Justice U.S. Department of Justice, OJP
950 Pennsylvania Avenue, NW 950 Pennsylvania Avenue, NW 810 Seventh Street, NW
Washington, DC 20530 Washington, DC 20530 Washington, DC 20531
Re: Proposed Implementation of Deaths In Custody Reporting Act (DICRA)
Dear Attorney General Lynch, Deputy Attorney General Yates, and Assistant Attorney General Mason:
The 67 undersigned national, state, and local criminal justice, civil rights, human rights, faith-based, immigrants' rights, LGBTQ, and open government organizations are writing to express concerns with the proposed implementation of the Deaths In Custody Reporting Act (DICRA). We are also writing to strongly reiterate our request that the Office of Justice Programs (OJP) condition federal criminal justice grants on data collection and reporting on police-civilian encounters.
DICRA was enacted almost two years ago, so guidance on the law's data collection and reporting process is welcomed. However, we have significant concerns with the proposed process published in the Federal Register.[1] Some of the undersigned organizations will submit specific comments by the October 3, 2016 deadline. In the meantime, please consider and address the issues raised below.
First, the proposal is a departure from DICRA provisions that require states receiving federal funding to report deaths in custody to the federal government. The Department of Justice is attempting to shift the data collection and reporting requirements from the states to the Bureau of Justice Statistics (BJS) by having BJS collect data on deaths in custody through its Arrest-Related Deaths (ARD) program instead of states. States and law enforcement agencies, the entities closest to the data being sought, should be responsible for collecting and reporting deaths in custody to the federal government as mandated by law.[2] It will be difficult for DOJ to get an accurate picture of trends in custodial deaths if state and local law enforcement agencies are not held accountable for collecting data after a death occurs.
Second, with BJS assuming responsibility for states' data collection and reporting, the proposal indicates that BJS will rely primarily upon publicly available information ("open-source review") for its ARD program.[3] This means that should The Guardian and the Washington Post decide to continue to invest in this research,[4] those news outlets will continue to be the best national sources for data on deaths in police custody. Certain media outlets have been critical to understanding police-civilian encounters over the past year, but it is unlikely that national media attention and resources can remain on policing indefinitely. Thus, relying on media accounts and statistics is an inadequate method of collecting data to determine the circumstances under which people die while in law enforcement custody.
Moreover, the proposal does not indicate how federal law enforcement agencies will comply with DICRA. The law is clear in its application to federal law enforcement including immigration officials, so the guidance must detail how federal agencies, including Customs and Border Protection (CBP), will comply with DICRA. Also, the proposal does not provide a clear definition for the term "custody," particularly instances where a fatal police shooting has occurred without an arrest.
Additionally, the proposal does not discuss penalties for noncompliance. DICRA gives the Attorney General the discretion to subject states that do not report deaths in custody to a ten percent reduction of Edward Byrne Memorial Justice Assistance Grant Program (Byrne JAG) funds. The financial penalty is critical to successful implementation of DICRA as voluntary reporting programs on police-community encounters have failed. Reportedly, only 224 of the more than 18,000 law enforcement agencies reported approximately 444 fatal police-shootings to the Federal Bureau of Investigation (FBI) in 2014[5], though we have reason to believe that annual numbers of people killed by police exceeds 1,000.[6]
Finally, we would like to reiterate our ask that the Office of Justice Programs require state and local law enforcement agencies that benefit from Department of Justice federal grants and programs to collect and report data on incidents of police use of force on civilians and other police-civilian encounters, such as pedestrian and traffic stops. The federal government awards close to $4 billion in such grants annually, and any discretionary grant should be conditioned upon providing data.[7]
Any statutory or formula grant, including the Edward Byrne Memorial Justice Assistance Grant (Byrne JAG), should require data reporting as part of its existing performance metrics. To achieve complete and uniform data collection and reporting, the federal government must solicit disaggregated data that is reflective of all police-civilian encounters, including those encounters with people of color, women, youth, and people with disabilities. Data concerning sexual assault and misconduct by law enforcement agents should also be collected and reported.
Thank you for your attention to this matter. We also respectfully request a meeting with you to discuss this matter further.
Sincerely,
AFL-CIO
African American Ministers in Action (AAMIA)
American-Arab Anti-Discrimination Committee
American Civil Liberties Union
Asian Pacific American Labor Alliance, AFL-CIO (APALA)
Bend the Arc: A Jewish Partnership for Justice
Bill of Rights Defense Committee/Defending Dissent Foundation
Californians Aware
Call to Do Justice
Catholics in Alliance for the Common Good
Church of Scientology National Affairs Office
Coalition for Humane Immigrant Rights of Los Angeles
Council on American-Islamic Relations
DC Reentry Task Force
Dignity and Power Now
Disciples Justice Action Network
Equity Matters, Inc.
Equality New Mexico
Fitting the Description
Florida Legal Services
Friends Committee on National Legislation
Georgia Latino Alliance for Human Rights
Government Accountability Project
Human Rights Defense Center
Human Rights Watch
Illinois Coalition for Immigrant and Refugee Rights
Immigrant Legal Advocacy Project
Immigrant Legal Resource Center
Jewish Council For Public Affairs (JCPA)
Justice Strategies
Kino Border Initiative
Lambda Legal
LatinoJustice PRLDEF
Lawyers' Committee for Civil Rights Under Law
The Leadership Conference on Civil and Human Rights
Metropolitan Community Churches
NAACP
NAACP Legal Defense and Educational Fund, Inc.
National African American Drug Policy Coalition
National Association of Criminal Defense Lawyers (NACDL)
National Association of Social Workers (NASW)
National Council of Jewish Women (NCJW)
National Disability Rights Network (NDRN)
National Immigrant Justice Center
National Immigration Law Center
National Immigration Project of the National Lawyers Guild
National LGBTQ Task Force
No More Deaths/No Mas Muertes
OCA - Asian Pacific American Advocates
OneAmerica
OpenTheGovernment.org
Pangea Legal Services
Prison Policy Initiative
Project South
Reformed Church of Highland Park
Refugee and Immigrant Center for Education and Legal Services (RAICES)
San Diego Immigrant Rights Consortium
Society of Professional Journalists
South Asian Americans Leading Together (SAALT)
Southern Border Communities Coalition
Southern Poverty Law Center
StoptheDrugWar.org
Sunlight Foundation
T'ruah: The Rabbinic Call for Human Rights
The United Methodist Church - General Board of Church and Society
Wilco Justice Alliance
cc: Roy Austin, Deputy Assistant, Domestic Policy Council
Vanita Gupta, Principal Deputy Assistant Attorney General, Civil Rights Division
Sarah Saldana, Director, U.S. Immigration and Customs Enforcement
R. Gil Kerlikowske, Commissioner, U.S. Customs and Border Protection
Denise E. O'Donnell, Director, Bureau of Justice Assistance
William J. Sabol, Director, Bureau of Justice Statistics
[1] Federal Register, Vol. 81, No. 150, DOJ, Agency Information Collection Activities; Proposed Collection Comments Requested; New Collection: Arrest-Related Deaths Program, Aug. 4, 2016, available at https://www.gpo.gov/fdsys/pkg/FR-2016-08-04/pdf/2016-18484.pdf (hereinafter Proposed Collection Comments)
[2] Pub.L. 113-242.
[3] Proposed Collection Comments, supra note 1 at 51490 (stating that the BJS "redesigned methodology includes a standardized mixed method, hybrid approach relying on open sources to identify eligible cases, followed by data requests from law enforcement and medical examiner/coroner offices for incident-specific information about the decedent and circumstances surrounding the event.").
[4]See, e.g., The Guardian, The Counted: People killed by police in the U.S., available athttps://www.theguardian.com/us-news/ng-interactive/2015/jun/01/the-counted-police-killings-us-database.
[5]See Federal Bureau of Investigation: Uniform Crime Reporting, 2014 Crime in the United States, available athttps://ucr.fbi.gov/crime-in-the-u.s/2014/crime-in-the-u.s.-2014/tables/expanded-homicide-data/expanded_homicide_data_table_14_justifiable_homicide_by_weapon_law_enforcement_2010-2014.xls
[6]See John Swaine & Oliver Laughland, Eric Garner and Tamir Rice among those missing from FBI record of police killings, The Guardian, Oct. 1, 2015, available athttps://www.theguardian.com/us-news/2015/oct/15/fbi-record-police-killings-tamir-rice-eric-garner. See also Kimberly Kindy, Marc Fisher, Julie Tate & Jennifer Jenkins, A Year of Reckoning: Police Fatally Shoot Nearly 1,000, Wash. Post, Dec. 26, 2015, available athttps://www.washingtonpost.com/sf/investigative/2015/12/26/a-year-of-reckoning-police-fatally-shoot-nearly-1000/.
[7] Brennan Center for Justice, Success-Oriented Funding: Reforming Federal Criminal Justice Grants (2014), available athttps://www.brennancenter.org/sites/default/files/publications/SuccessOrientedFunding_ReformingFederalCriminalJusticeGrants.pdf.
The Leadership Conference on Civil and Human Rights is a coalition charged by its diverse membership of more than 200 national organizations to promote and protect the civil and human rights of all persons in the United States. Through advocacy and outreach to targeted constituencies, The Leadership Conference works toward the goal of a more open and just society - an America as good as its ideals.
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[image or embed]
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Trying to end birthright citizenship is one of several ways Trump is attacking immigrants. The advocacy group America's Voice this week published a fact sheet titled, High Costs, No Benefits: 100 Days Of Trump's Immigration Agenda.
"Let this sink in: Our government is deporting American kids, including kids with cancer, and is now trying to defend and excuse their choices on national television," said the organization's executive director, Vanessa Cárdenas. "Their actions embody the cruelty, chaotic, and harmful nature of their agenda the past 100 days, and what they want from the next 100 weeks and beyond."
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Tanya Greene, U.S. program director at HRW, said that the administration has already "inflicted enormous damage to human rights" and "we are deeply concerned that these attacks on fundamental freedoms will continue unabated."
Item 51 on HRW's list warns that "people in the United States risk seeing their democratic power weakened by a politically motivated effort to skew long-standing U.S. Census Bureau policies and methods aimed at ensuring accurate population counts that determine how presidents, members of Congress, and others are elected and how federal funding is allocated to states and localities."
All Voting Is Local executive director Hannah Fried said in a Tuesday statement that "these first 100 days have been a five-alarm fire for the freedom to vote," citing Trump's executive order on elections, the Safeguard American Voter Eligibility (SAVE) Act, "and copycat bills in Ohio and Michigan that would require voters to show a passport or birth certificate to vote."
"The voting rights assaults during this time specifically hurt Black, Brown, Native American, and other historically marginalized communities," she emphasized. "They also set a tone for further efforts to erode voting rights and consolidate power at all levels of government in the lead-up to next year's midterm elections."
A growing number of public figures and watchdogs are sounding the alarm about the consolidation of power under Trump. Sen. Bernie Sanders (I-Vt.) has been crisscrossing the country for his Fighting Oligarchy Tour, and the advocacy group Public Citizen this week put out a list of highlights from the president's first "100 days of oligarchy and conflicts of interest."
Public Citizen's resource outlines how Trump "is handing people with clear corporate conflicts of interest—like stakes in Big Oil companies, long corporate lobbying careers, and seats on major company boards—the power to regulate and oversee corporations," dismantling the Consumer Financial Protection Bureau, and ridding the government of inspectors general, among other actions that enrich him and his allies at the expense of the public.
"People aren't fooled. They see what's going on. It's why millions took the streets on April 5th to protest Trump and Musk's attacks on working families."
The organization Issue One also has a new report—Unchecked Exec—about how "Trump's first 100 days have been focused on consolidating power and sidestepping anti-corruption safeguards."
"The Founders were deeply concerned about concentrating too much power in the presidency," said Issue One CEO Nick Penniman. "The Founders fought a revolution to get rid of concentrated executive authority, and they placed 'We, the People'—and Congress—at the center of the Constitution."
"A hundred days into this administration, it's clear the White House is intent on pushing the limits of its power to the point where it risks violating the Constitution and eroding the freedoms of every American," Penniman added. "This is a time for total vigilance, before the America we were living in 101 days ago begins to disappear."
The public is already fighting back in the form of protest. Maurice Mitchell, national director of the Working Families Party, said Tuesday that "calling Trump's first 100 days a dumpster fire would be an insult to dumpster fires."
"In less than four months, Trump has destroyed jobs, brought the economy to the brink of ruin, and done absolutely nothing to lower costs," he continued. "People aren't fooled. They see what's going on. It's why millions took the streets on April 5th to protest Trump and Musk's attacks on working families. It's why more and more people are joining community organizations or stepping up to run for office."
"Trump and his billionaire friends want us to fight against each other, so they can take an even larger share of the pie," he added. "But we're not playing their game. Instead, we're going to bring working people together, from every background and geography, to stop Trump and his MAGA cronies in their tracks."
A national day of action is planned for Thursday, recognized globally as May Day. There are more than 1,100 rallies scheduled—including one at Philadelphia City Hall, where Sanders is set to join the city's AFL-CIO chapter under the banner, "For the Workers, Not the Billionaires."
While Sanders and those who have joined him on tour, such as Rep. Alexandria Ocasio-Cortez (D-N.Y.), have been praised for their response to the second Trump administration, constituents across the United States are calling on many members of Congress to do more.
Although Republicans control both chambers of Congress, recent polling shows rising support for impeaching Trump a historic third time, and Congressman Shri Thanedar (D-Mich.) on Monday filed seven articles of impeachment against the president. Thursday will feature some actions focused on pressuring lawmakers to pursue impeachment.
Given Congress' current makeup, Christina Harvey, executive director of the progressive advocacy group Stand Up America, is specifically calling on Republican lawmakers who "aided and abetted" Trump to instead fight back against his "relentless assault on our democracy, our freedoms, and the basic services hardworking Americans depend on to survive."
"What more will it take for Republicans in Congress to find the courage to stand up for their constituents?" she asked Tuesday. "The president is not a king, and Congress is meant to be a co-equal branch of government. We can't afford to wait another 100 days for them to finally remember that."
Over the first 100 days, we @sddfund.bsky.social have taken 100 actions challenging the Trump admin’s lawlessness—incl. repping conservatives opposing his foreign abductions We’ll keep fighting in the courts of law & public opinion. I discussed @msnbc.com
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— Norm Eisen (@normeisen.bsky.social) April 29, 2025 at 11:57 AM
Opponents of the president's agenda are also fighting in the courts. In a 100-day roundup, the ACLU said that "Trump has tested every limit, abused every power, and exploited every loophole to silence dissent, disenfranchise marginalized communities, and erode our rule of law."
"These are deliberate tactics designed to enforce compliance through fear, force, and censorship. But we aren't backing down. If the Trump administration wants to go after people's rights and freedoms, they'll have to go through us first. And we were ready for this fight," declared the group, which so far has filed 107 legal actions.
In a Monday blog post, former U.S. Labor Secretary Robert Reich argued that everyone must fight to save a nation that "is tottering on the edge of dictatorship."
"We are no longer Democrats or Republicans. We are either patriots fighting the regime, or we are complicit in its tyranny. There is no middle ground," Reich wrote. "Soon, I fear, the regime will openly defy the Supreme Court."
"Americans must be mobilized into such a huge wave of anger and disgust that members of the House are compelled to impeach Trump (for the third time) and enough senators are moved to finally convict him," he added. "Then this shameful chapter of American history will end."
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