Laws and Policies

The Shepard Byrd Act is the first statute allowing federal criminal prosecution of hate crimes motivated by the victim’s actual or perceived sexual orientation or gender identity. The Act makes it a federal crime to willfully cause bodily injury, or attempt to do so using a dangerous weapon, because of the victim’s actual or perceived race, color, religion, or national origin. The Act also covers crimes committed because of the actual or perceived religion, national origin, sexual orientation, gender, gender identity, or disability of any person, if the crime affected interstate or foreign commerce or occurred within federal special maritime or territorial jurisdiction.

This statute makes it a crime to use or threaten to use force to interfere with housing rights because of the victim’s race, color, religion, sex, disability, familial status, or national origin.

This statute prohibits the intentional defacement, damage, or destruction of religious real property because of the religious nature of the property, where the crime affects interstate or foreign commerce, or because of the race, color, or ethnic characteristics of the people associated with the property. The statute also criminalizes the intentional obstruction by force, or threat of force of any person in the enjoyment of that person’s free exercise of religious beliefs.

This statute directs the Department of Justice to speed up the review of hate crimes for bringing charges. The Department must also work to improve the reporting of hate crimes and hate incidents in light of the rise in anti-Asian hate during the COVID-19 pandemic. To meet this goal, the law requires the Department to reach out to law enforcement agencies and to provide them with helpful tools and resources for reporting, enforcing, and preventing hate crimes.

This statute, an amendment to the COVID-19 Hate Crimes Act, provides new grants, training, and other forms of assistance to help state, local, and Tribal law enforcement agencies with hate crime reporting, prioritizing agencies that have a history of not reporting any hate crimes. The law also directs the Department of Justice to report back to Congress on its efforts to improve hate crime reporting.

This statute makes it a crime to use or threaten to use force to willfully interfere with a person’s participation in a federally protected activity because of race, color, religion, or national origin. Federally protected activities include public education, employment, jury service, travel, or the enjoyment of public accommodations. Under this statute, it is also a crime to use or threaten to use force against those who are assisting and supporting others in participating in these federally protected activities.

This statute makes it unlawful for two or more persons to conspire to injure, threaten, or intimidate a person in any state, territory, or district in the free exercise or enjoyment of any right or privilege secured to the individual by the U.S. Constitution or the laws of the U.S.

The Attorney General’s memorandum directs the Department of Justice to perform the tasks identified in the COVID-19 Hate Crimes Act. The goal of the memorandum is to improve hate crime and hate incident reporting, increase law enforcement training and coordination, engage in community outreach, and look at whether existing non-criminal, civil enforcement statutes can address hate incidents that may not rise to the level of prosecutable hate crimes.
(https://www.justice.gov/ag/page/file/1399221/download)

As it relates to hate crimes, this January 26th Presidential Memorandum ordered the Attorney General to explore opportunities to support the efforts of State and local agencies, as well as Asian American and Pacific Islander (AAPI) communities and community-based organizations, to prevent discrimination, bullying, harassment, and hate crimes against AAPI individuals, and to expand collection of data and public reporting of hate incidents against such individuals.
(https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/26/memorandum-condemning-and-combating-racism-xenophobia-and-intolerance-against-asian-americans-and-pacific-islanders-in-the-united-states)

This Fact Sheet supplements the President’s January Memorandum, announcing additional actions to respond to the increase in acts of anti-Asian violence. Related to hate crimes, the Fact Sheet announces several actions taken by the Department of Justice to address the rise of anti-Asian hate crimes and hate incidents.
(https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/30/fact-sheet-president-biden-announces-additional-actions-to-respond-to-anti-asian-violence-xenophobia-and-bias)