19–008

108TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 1st Session 108–249

CONDEMNING BIGOTRY AND VIOLENCE AGAINST ARABAMERICANS, MUSLIM-AMERICANS, SOUTH ASIAN-AMERICANS, AND SIKH-AMERICANS 

SEPTEMBER 3, 2003.—Referred to the House Calendar and ordered to be printed 

Mr. SENSENBRENNER, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H. Res. 234]

The Committee on the Judiciary, to whom was referred the 

resolution (H. Res. 234) condemning bigotry and violence against 

Arab-Americans, Muslim-Americans, South Asian-Americans, and 

Sikh-Americans, having considered the same, reports favorably 

thereon without amendment and recommends that the resolution 

be agreed to.

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1

Background and Need for the Legislation ............................................................. 2

Hearings ................................................................................................................... 3

Committee Consideration ........................................................................................ 4

Vote of the Committee ............................................................................................. 4

Committee Oversight Findings ............................................................................... 4

New Budget Authority and Tax Expenditures ...................................................... 4

Committee Cost Estimate ....................................................................................... 4

Performance Goals and Objectives ......................................................................... 4

Constitutional Authority Statement ...................................................................... 4

Section-by-Section Analysis and Discussion .......................................................... 4

Markup Transcript .................................................................................................. 5

PURPOSE AND SUMMARY

Introduced by Representative Darrell Issa on May 14, 2003, the 

purpose of H. Res. 234 is to condemn bigotry and violence against 

Arab-Americans, Muslim-Americans, South Asian-Americans, and 

Sikh-Americans. S. Res. 133, a virtually identical Senate resolution, was introduced by Senator Richard Durbin on May 6, 2003, 

2

1 149 Cong. Rec. S7070 (2003). 

2See U.S. Department of Justice, Federal Bureau of Investigation, Hate Crimes Statistics 

2001. 3 Id. at Forward. The significance of this increase can be seen when compared to statistics 

compiled from previous years.

From the first year that national hate crime data were published in 1992 until 2000, 

incidents motivated by racial bias comprised the largest portion of reported hate crime 

incidents followed by incidents motivated by a religious bias and those motivated by 

bias against sexual orientation. The fewest number of hate crime incidents resulted 

from ethnicity or national-origin bias, until the addition of the disability bias in 1997, 

which then became the lowest portion of reported hate crime incidents. Id. 4See id.

and was passed by the Senate by unanimous consent on May 22, 

2003.1

BACKGROUND AND NEED FOR THE LEGISLATION

H. Res. 234 condemns bigotry and violence against individuals of 

Arab-American, Muslim-American, South Asian-American, and 

Sikh-American descent. It was introduced in response to concerns 

about an increase in discriminatory backlash crimes following the 

commencement of miliary action in Iraq in March 2003. Specifically, H. Res. 234 recognizes the many contributions of Arab-Americans, Muslim-Americans, South Asian-Americans, and Sikh-Americans to the nation, calls upon law enforcement authorities to work 

vigorously to prevent discriminatory backlash crimes against such 

persons and to aggressively investigate and prosecute crimes that 

do occur, and reaffirms the House of Representatives’s commitment 

to assuring that the civil rights of all Americans, including individuals of Arab-American, Muslim-American, South Asian-American, 

and Sikh-American descent, be protected. 

THE PROSECUTION OF DISCRIMINATORY BACKLASH CRIMES IN THE

WAKE OF THE SEPTEMBER 11, 2001, TERRORIST ATTACKS

The weeks and months following the terrorist attacks of September 11, 2001, saw a significant increase in the number of crimes 

committed against those perceived to be of Arab-American, Muslim-American, South Asian-American and Sikh-American descent.2

According to hate crimes statistics compiled by the Federal Bureau 

of Investigation (the ‘‘FBI’’), criminal acts ‘‘motivated by bias 

against ethnicity/national origin were the second most frequently 

reported bias in 2001, more than doubling the number of incidents, 

offenses, victims, and known offenders from 2000 data’’ and ‘‘the 

anti-other ethnicity/national origin category quadrupled in incidents, offenses, victims, and known offenders.’’ 3 Similarly, the 

number of anti-Islamic incidents grew 1600 percent between 2000 

and 2001 taking such incidents from the second-least reported category of reported religious-bias incidents in 2000 to the secondhighest reported category of religious-bias incidents in 2001.4

In response, shortly after the September 2001 terrorist attacks, 

then Assistant Attorney General for the Civil Rights Division of the 

U.S. Department of Justice (‘‘DOJ’’), Ralph Boyd, instructed the Division’s National Origin Working Group to help combat violations 

of Federal civil rights laws involving individuals perceived to be of 

Arab-American, Muslim-American, South Asian-American, or SikhAmerican descent. Specifically, the Working Group was directed to 

receive reports of violations based upon national origin, citizenship 

status, and religion in the context of housing, education, employVerDate jul 14 2003 21:27 Sep 04, 2003 Jkt 019008 PO 00000 Frm 00002 Fmt 6659 Sfmt 6601 E:\HR\OC\HR249.XXX HR249
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5See Civil Rights Division National Origin Working Group Initiative to Combat the Post-9/

11 Discriminatory Backlash, Division News Release (Jan. 16, 2002), available at <http://

www.usdoj.gov/crt/legalinfo/nordwg—mission.html>. 6 Attorney General John Ashcroft and FBI Director Richard Mueller, U.S. Department of Justice News Conference, (Apr. 17, 2003) available at 2003 WL 6684451. 7 Id. 

8 149 Cong. Rec. S. 5789 (2003) (statement of Sen. Richard J. Durbin). 

9 Id.

10 H. Con. Res., 227 107th Cong. (2001), introduced on September 14, 2001 by Rep. David 

Bonior, condemned any acts of violence or discrimination against Arab-Americans, MuslimAmericans, and South Asian-Americans and called for the protection of the civil rights and civil 

liberties of such persons as the nation sought to ‘‘bring to justice, and punish the perpetrators 

and sponsors’’ of the terrorist attacks of September 11, 2001. 

ment, access to government services, and law enforcement; conduct 

outreach to vulnerable communities; and work with other Civil 

Rights Division components and governmental agencies to ensure 

accurate referral, effective outreach, and the provision of services 

to victims of civil rights violations.5

In April 2003, Attorney General John Ashcroft announced that 

approximately 400 incidents of backlash discrimination have been 

investigated since September 2001 by the Civil Rights Division, the 

FBI, and the U.S. Attorneys’ offices; that of these investigations, 

approximately seventy State and local criminal prosecutions were 

initiated and Federal charges were brought in ten cases; that DOJ 

has contributed to approximately 100 backlash prosecutions in federal, State, and local courts since September 2001; and that DOJ’s 

Community Relations Service has held more than 250 town and 

community meetings and forums on backlash issues and developed 

best practices for law enforcement to prevent and respond to hate 

incidents against Arab-Americans, Muslim-Americans, South 

Asian-Americans, and Sikh-Americans.6 In addition, in the process 

of conducting interviews for its Iraq-related terrorism prevention 

efforts, the FBI asked those interviewed if they were aware of any 

backlash discrimination or hate crimes. As a result of the information it received, the Civil Rights Division opened 36 new investigations.7

ACTS OF DISCRIMINATORY BACKLASH VIOLENCE FOLLOWING THE

COMMENCEMENT OF THE WAR IN IRAQ

Although the number of bias-motivated incidents fell substantially in 2002, certain alarming crimes in early 2003 have raised 

concerns that the commencement of military action in Iraq has led, 

and might continue to lead, to an increase in discriminatory backlash crimes here in America. In February and March 2003, apparently motivated by anti-Arab sentiment, a man shot and killed four 

people in New York City.8 At the University of California in Los 

Angeles, apparently motivated by anti-Muslim bias, pig’s blood was 

poured on Muslim prayer rugs in an interdenominational chapel.9

Similar to H. Con. Res. 227, which was approved by the House 

just days after the terrorist attacks of September 2001, H. Res. 234 

will again express this body’s appreciation for the contribution of 

Arab-Americans, Muslim-Americans, South Asian-Americans, and 

Sikh-Americans to the nation and its condemnation of all actions 

of bigotry and violence directed towards such persons.10

HEARINGS

No hearings were held on H. Res. 234. 

4

COMMITTEE CONSIDERATION

On July 25, 2003, the Committee met in open session and ordered favorably reported the resolution H. Res. 234, without 

amendment by a voice vote, a quorum being present. 

VOTE OF THE COMMITTEE

In compliance with clause 3(b) of Rule XIII of the Rules of the 

House of Representatives, the Committee notes that there were no 

recorded votes during the committee consideration of H. Res. 234. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of Rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of Rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of Rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new budgetary authority or increased tax expenditures. 

COMMITTEE COST ESTIMATE

In compliance with clause 3(d)(2) of Rule XIII of the Rules of the 

House of Representatives, the Committee notes that no Committee 

cost estimate is required because H. Res 234 is not a bill nor a joint 

resolution. In addition, the Committee notes that it did not receive 

a cost estimate from the Congressional Budget Office with respect 

to H. Res. 234. 

PERFORMANCE GOALS AND OBJECTIVES

H. Res. 234 does not authorize funding. Therefore, clause 3(c)(4) 

of Rule XIII of the Rules of the House of Representatives is inapplicable. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article I, section 8 of the Constitution. 

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

The first paragraph of the preamble states that the House of 

Representatives finds that all Americans are united in supporting 

American men and women who protect the nation abroad and at 

home. 

The second paragraph of the preamble states that the House of 

Representatives finds that thousands of Arab-Americans, MuslimAmericans, South Asian-Americans, and Sikh-Americans serve in 

the military and in law enforcement, and thus work to protect all 

Americans. 

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The third paragraph of the preamble states that the House of 

Representatives finds that the Arab-American, Muslim-American, 

South Asian-American, and Sikh-American communities are vibrant, peaceful, and law-abiding, and have greatly contributed to 

American society. 

The fourth paragraph of the preamble states that the House of 

Representatives finds that all Americans, including Arab-Americans, Muslim-Americans, South Asian-Americans, and Sikh-Americans, condemn acts of violence and prejudice. 

Section (1) of the resolving clause states that the House of Representatives expresses its concern about the number of bias-motivated crimes against Arab-Americans, Muslim-Americans, South 

Asian-Americans, Sikh-Americans, and other Americans in recent 

months. 

Section (2) of the resolving clause states that the House of Representatives declares that the civil rights and civil liberties of all 

Americans, including Arab-Americans, Muslim-Americans, South 

Asian-Americans, and Sikh-Americans, should be protected. 

Section (3) of the resolving clause states that the House of Representatives condemns bigotry and acts of violence against any 

American, including Arab-Americans, Muslim-Americans, South 

Asian-Americans, and Sikh-Americans. 

Section (4) of the resolving clause states that the House of Representatives calls upon local, State, and Federal law enforcement 

authorities to work to prevent bias-motivated crimes against all 

Americans, including Arab-Americans, Muslim-Americans, South 

Asian-Americans, and Sikh-Americans. 

Section (5) of the resolving clause states that the House calls 

upon local, State, and Federal law enforcement authorities to investigate and prosecute vigorously all such crimes committed 

against Arab-Americans, Muslim-Americans, South Asian-Americans, and Sikh-Americans.

MARKUP TRANSCRIPT

BUSINESS MEETING 

FRIDAY, JULY 25, 2003

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON THE JUDICIARY, 

Washington, DC. 

The Committee met, pursuant to notice, at 9:40 a.m., in Room 

2141, Rayburn House Office Building, Hon. F. James Sensenbrenner, Jr., [Chairman of the Committee] presiding. 

[Intervening business.] 

Chairman SENSENBRENNER. Pursuant to notice I now call up 

House Resolution 234, condemning bigotry and violence against 

Arab-Americans, Muslim-Americans, South Asian-Americans and 

Sikh-Americans, for purposes of markup and move its favorable 

recommendation to the House. Without objection, the resolution 

will be considered as read and open for amendment at any point. 

[The resolution, H. Res. 234, follows:]

6

IV

108TH CONGRESS

1ST SESSION H. RES. 234

Condemning bigotry and violence against Arab-Americans, Muslim-Americans,

South Asian-Americans, and Sikh-Americans.

IN THE HOUSE OF REPRESENTATIVES

MAY 14, 2003

Mr. ISSA (for himself, Ms. KAPTUR, Mr. LAHOOD, Mr. CONYERS, Mr. DINGELL, Mr. RAHALL, and Mr. HONDA) submitted the following resolution;

which was referred to the Committee on the Judiciary

RESOLUTION

Condemning bigotry and violence against Arab-Americans,

Muslim-Americans, South Asian-Americans, and SikhAmericans.

Whereas all Americans are united in supporting American

men and women who protect our Nation abroad and at

home;

Whereas thousands of Arab-Americans, Muslim-Americans,

South Asian-Americans, and Sikh-Americans serve in the

military and in law enforcement, working to protect all

Americans;

Whereas the Arab-American, Muslim-American, South AsianAmerican, and Sikh-American communities are vibrant,

peaceful, and law-abiding, and have greatly contributed

to American society; and


I234.AAB
7

2

•HRES 234 IH

Whereas all Americans, including Arab-Americans, MuslimAmericans, South Asian-Americans, and Sikh-Americans,

condemn acts of violence and prejudice: Now, therefore,

be it

1 Resolved, That the House of Representatives—

2 (1) is concerned by the number of bias-moti3 vated crimes against Arab-Americans, Muslim-Amer4 icans, South Asian-Americans, and Sikh-Americans,

5 and other Americans in recent months;

6 (2) declares that the civil rights and civil lib7 erties of all Americans, including Arab-Americans,

8 Muslim-Americans, South Asian-Americans, and

9 Sikh-Americans, should be protected;

10 (3) condemns bigotry and acts of violence

11 against any American, including Arab-Americans,

12 Muslim-Americans, South Asian-Americans, and

13 Sikh-Americans;

14 (4) calls upon local, State, and Federal law en15 forcement authorities to work to prevent bias-moti16 vated crimes against all Americans, including Arab17 Americans, Muslim-Americans, South Asian-Ameri18 cans, and Sikh-Americans; and

19 (5) calls upon local, State, and Federal law en20 forcement authorities to investigate and prosecute

21 vigorously all such crimes committed against ArabVerDate jul 14 2003 21:27 Sep 04, 2003 Jkt 019008 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\HR249.XXX HR249

I234.AAC
8

3

•HRES 234 IH

1 Americans, Muslim-Americans, South Asian-Ameri2 cans, and Sikh-Americans.

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I234.AAD
9

Chairman SENSENBRENNER. And without objection, all Members’ opening statements will be placed in the record at this point. 

[The prepared statement of Ms. Jackson Lee follows:]

PREPARED STATEMENT OF THE HONORABLE SHEILA JACKSON LEE, A REPRESENTATIVE

IN CONGRESS FROM THE STATE OF TEXAS

Thank you Chairman Sensenbrenner and Ranking Member Conyers for convening 

this Full Committee Markup opportunity concerning the condemnation of bigotry 

and violence against Arab, Muslim, South Asian, and Sikh-Americans. As a co-sponsor of this resolution, I won’t hesitate to vocalize my support for it and echo its import. 

RACIAL PROFILING AND TERRORISM

The events of September 11, 2001 have had a profound impact on racial profiling. 

Following the terrorist attacks, law enforcement agents have subjected individuals 

of Arab or South Asian descent, Muslims, and Sikhs to racial profiling. While national and local statistics are not yet available, anecdotal accounts of how Arabs, 

Muslims, and Sikhs have endured racial profiling abound the informational resources. For example, in the months following September 11th, a new type of racial 

profiling has developed: ‘‘driving while Arab.’’ Arabs, Muslim, and Sikhs across the 

country were subjected to traffic stops and searches based in whole or part on their 

ethnicity or religion. On October 4, 2001 in Gwinnett, Georgia an Arab motorist’s car was stopped, he was approached by a police officer whose gun was drawn, and 

he was called a ‘‘bin Laden supporter’’ all for making an illegal U-turn. On October 

8, 2001, two Alexandria, VA police officers stopped three Arab motorists. The officers questioned the motorists about a verse of the Koran hanging from the rear view 

mirror, and asked about documents in the back seat. The police officer confiscated 

the motorists’ identification cards and drove off without explanation. He returned 

10 minutes later, and claimed be had had to take another call. On December 5, 

2001, a veiled Muslim woman in Burbank, Illinois was stopped by a police officer 

for driving with suspended plates. The officer asked the woman when Ramadan was 

over, asked her offensive question about her hair, and pushed her into his patrol 

car as he arrested her for driving with suspended plates. The woman was released 

from custody later that day. 

A particularly egregious form of terrorism profiling occurs when Arab men and 

women are detained and deported without due process. Since September 11th, hundreds of Arab and Muslim individuals have been detained on suspicion of terrorist 

activity. Practically none of these individuals was involved with terrorism. However, 

many were detained for weeks and eventually charged with minor immigration violations. Based on these minor immigration violations some were deported. In one 

case, two Pakistani immigrants were arrested and detained 45 days for allegedly 

overstaying their visas. In another case an Israeli was detained for 66 days before 

being charged with entering the United States unlawfully. In a particularly shocking case, a French teacher from Yemen, who was married to an American citizen 

and therefore eligible to become a citizen himself, was reporting for duty as an army 

recruit at Fort Campbell, Kentucky on September 15, 2001. The man was apprehended by federal agents, separated from his wife and interrogated for 12 hours. 

The agents accused him of violating immigration laws, conspiring with Russian terrorists, spousal abuse, and threatened him with beatings. The man was given a lie 

detector test which proved he was telling the truth when he denied being associated 

with terrorists. 

Expounding upon the above issue is a trend of ethnic profiling against South 

Asian-Americans relative to the SARS pandemic. People have been treated with indifference and hostility because of their racial background. This treatment is simply 

founded upon ignorance. Human rights and the principles of due process, freedom 

of expression, and freedom of association should not be compromised by ignorance. 

THE CONSEQUENCES OF RACIAL PROFILING

The Consequences of Racial Profiling for minority groups in the United States, for 

Arab, Muslim, South Asian, and Sikh groups, and in the immigrations context are 

dire for individuals who are both innocent and guilty of criminal activity. In the case 

of the innocent, for every person in possession of drugs apprehended through 

profiling, many more law-abiding minorities are treated as if they are criminals. A 

1999 Gallup Poll revealed that 42 percent of African Americans, and 72 percent of 

African American males between the ages of 18 and 34, believe they have been 

stopped by police because of their race. In fact, many minorities choose to drive cerVerDate jul 14 2003 21:27 Sep 04, 2003 Jkt 019008 PO 00000 Frm 00009 Fmt 6659 Sfmt 6621 E:\HR\OC\HR249.XXX HR249
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tain cars, on certain routes, wearing certain clothes, to avoid drawing attention from 

police. 

For those individuals who have been convicted of felonies, racial profiling contributes to the disparity in arrest and crime rates that leads to the minority-majority 

prison population. Blacks are just 12 percent of the U.S. population and 11 percent 

of drug users, but Blacks are 38 percent of those arrested for drug offenses and 59 

percent of those convicted for drug offenses. Hispanics make up 13 percent of the 

population and 10 percent of illicit drug users, but they are 37 percent of the overall 

prison population. Racial profiling increases the stops and arrests of minority 

groups. Frequent stops and arrests of minorities generate more extensive criminal 

histories, and result in longer sentences. Nearly one in three Black males aged 20–

29 on any given day is either is prison, on probation, or on parole. As of 1995, on 

in 14 adult Black males was in prison or jail on any give day. A Black male born 

in 1991 has a 33 percent chance of spending part of his life in prison. A Hispanic 

male has a one in six chance. 

Racial profiling results in increased arrests and convictions of minorities. In many 

states, a felony conviction can impact a person’s ability to exercise their basic social 

rights. In 46 states and the District of Columbia, convicted adults cannot vote. Thirty-two states disenfranchise felons on parole, while 29 states disenfranchise felons 

on probation. In part due to racial profiling, 1.4 million Black men, 13 percent of 

all adult Black males, are denied the right to vote. In two states, 31 percent of all 

adult Black males are permanently disenfranchised. 

For the reasons stated above, Mr. Chairman and Ranking Member, I support the 

Resolution condemning bigotry and violence against Arab, Muslim, South Asian, 

and Sikh-Americans that I have co-sponsored. I would ask that my Colleagues join 

my fellow sponsors in fighting bigotry with H. Res. 234. Thank you for the opportunity to speak on this matter.

Chairman SENSENBRENNER. Are there amendments? If there are 

no amendments, a reporting quorum is not present. Without objection, the previous question is ordered on the motion to report the 

bill favorably. 

[Intervening busines.] 

Chairman SENSENBRENNER. The unfinished business is the motion to report favorably House Resolution 234, upon which the previous question to report favorably had been ordered. Those in favor 

of reporting the resolution favorably will say aye. 

Opposed, no. 

The ayes appear to have it. The ayes have it. The motion to report favorably is agreed to. 

Without objection, the staff will be given authority to make technical and conforming changes. 

And without objection, all Members will be given 2 days pursuant to the rules in which to submit additional, supplemental, minority or dissenting views.

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