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Objective 3.2: Combat Discrimination and Hate Crimes

Combating discrimination and unlawful acts of hate remain an urgent and pressing mandate for the Justice Department.  Historically, more than half of all hate crimes motivated by race and ethnicity have targeted Black Americans.  In recent years, Asian American and Pacific Islander communities and businesses have experienced hateful, xenophobic rhetoric and violence.  We have also seen sharp increases in hate crimes motivated by the sexual orientation or gender identity of the victim.  And we have seen acts of hate that target houses of worship and religious communities.  The Justice Department does not investigate or prosecute people because of their ideology or the views they hold, no matter how vile.  However, the Department does have the authority, and will not hesitate to act, when individuals commit violent acts that are motivated by bias or hatred.  More broadly, the Department will aggressively enforce federal statutes that protect against discrimination and other civil rights violations. 

Strategy 1: Enforce Federal Anti-Discrimination Laws 
The Department will enforce federal statutes that protect against discrimination on the basis of race, color, ethnicity, religion, sex, national origin, citizenship, immigration status, sexual orientation, gender identity, familial status, or disability, as well as those that protect the civil rights of servicemembers, incarcerated persons and individuals housed in public institutions, and individuals with limited English proficiency.  Unlawful hate incidents may occur in the context of education, employment, or housing, and thus may violate a number of federal laws, including Title IX; Titles IV, VI, and VII of the Civil Rights Act of 1964; the Fair Housing Act; and the Religious Land Use and Institutionalized Persons Act.

Strategy 2: Deter and Prosecute Hate Crimes
In October 2021, the FBI elevated hate crimes and criminal civil rights violations to its highest-level national threat priority, which will increase the resources for hate crimes prevention and investigations and make hate crimes a focus for all 56 of the Bureau’s field offices.  The Attorney General has appointed a hate crimes coordinator in the Office of the Associate Attorney General and designated the Criminal Section Chief in the Civil Rights Division to facilitate an expedited review of hate incidents to determine whether they violate federal criminal laws, in accordance with the COVID-19 Hate Crimes Act.  The Department will also maximize its use of non-criminal resources to address unlawful hate incidents, including through efforts by the Community Relations Service to promote healing after serious incidents occur.

Strategy 3: Leverage Resources to Prevent Hate Crimes
Enforcement alone will not eradicate unlawful acts of hate or mend the wounds they create.  The Department is committed to assisting communities across the country through community services and grant programs.  In particular, the Department will leverage three new grant programs in the Jabara-Heyer NO HATE Act to prevent hate crimes.  These programs provide funds for law enforcement entities to transition to the FBI’s National Incident Base Reporting System (NIBRS); for states to establish hate crime reporting hotlines; and for anti-hate law enforcement activities or crime reduction programs.  The Department will also work to ensure that communities targeted for hate are at the center of policymaking decisions and are empowered to develop community-based approaches to hate crimes response and prevention.

Strategy 4: Support State and Local Partners in Combating Discrimination and Hate
The Department will improve coordination and consistency between its components in the investigation and prosecution of federal civil rights statutes.  We will also work with other federal agencies, stakeholders, and Congress to develop policies, programs, legislation, regulatory action, research, and grantmaking to strengthen federal civil rights outreach, enforcement, and coordination.  Enforcement efforts will address longstanding discrimination and harm to vulnerable communities, as well as meet the civil rights demands of the moment, including by developing new strategies to confront bias resulting from artificial intelligence or algorithmic decisionmaking.  We will seek to ensure that recipients of federal financial assistance comply with civil rights laws, do not engage in or perpetuate discriminatory policies or practices, and provide equitable access to services and benefits, through complaint investigations and compliance reviews, training and technical assistance, and other appropriate mechanisms.

Key Performance Indicators:

  • Number of Title VII and Uniformed Services Employment and Reemployment Act (USERRA) investigations
  • Number of Limited English Proficiency individuals who access department-funded materials in their native language to understand federal hate crimes and anti-discrimination laws
  • · Percent of United States Attorney’s Offices that meet at least annually with local law enforcement partners and community stakeholders to collaborate on efforts to prevent hate crimes and incidents
  • Percent of criminal cases addressing civil rights violations, including hate crimes, favorably resolved

Contributing DOJ Components: CRM, CRT, USAO, FBI, ATJ, COPS, CRS, OJP, OTJ, OVW