No PREJUDICE Act
- Sponsor
- Rep. Wasserman Schultz, Debbie [D-FL-25]
- Committees
- Homeland Security Committee (primary)
- Last action
- Jul 31, 2026
Bottom line
The No PREJUDICE Act aims to prevent DHS from using protected characteristics or certain employment/language indicators as a basis for investigatory activities, providing a judicial recourse for those alleging profiling in immigration cases.
What it actually does
This bill prohibits the Department of Homeland Security (DHS) from using federal funds to engage in discriminatory profiling based on an individual's race, ethnicity, religion, gender, sexual orientation, national origin, language use, or association with certain types of employment or leisure activities. It also establishes a mechanism for aliens in removal proceedings to challenge their detention or arrest in federal district court if they believe it was a result of such profiling, leading to dismissal of proceedings if a violation is found.
Proponents argue
Supporters argue this bill is essential for upholding civil liberties and ensuring fair treatment for all individuals, regardless of their background or perceived characteristics. They contend it would prevent discriminatory practices by federal agents, restore trust between communities and law enforcement, and provide a vital legal avenue for individuals to seek redress against profiling, particularly within the immigration system.
Opponents contend
Opponents might argue that such a prohibition could unduly restrict law enforcement's ability to conduct necessary investigations, potentially hindering efforts to identify and apprehend individuals involved in illegal activities. They may express concerns that the judicial review process for immigration cases could create loopholes or delays in removal proceedings, impacting national security or border enforcement operations.
The bill is very short and clearly written, allowing for a quick and thorough understanding of its provisions.
Section 2(a)
Prohibition on Discriminatory Profiling by DHS
This provision forbids any Department of Homeland Security officer or employee from seizing, detaining, arresting, or conducting routine investigations of an individual based on their actual or perceived race, color, religion, sex, national origin, gender, gender identity, sexual orientation, ethnicity, or the use of Spanish or an accent. It also prohibits such actions based on an individual's presence at informal employment sites (like bus stops or agricultural sites) or participation in a specific hobby, job, or career.
Supporters argue
Supporters argue this provision is a crucial step to eliminate systemic discrimination within DHS operations, ensuring that individuals are treated fairly and not targeted based on protected characteristics or innocent associations. They believe it will enhance public trust and uphold constitutional rights.
Critics contend
Critics might contend that this provision could be overly broad, potentially hindering legitimate law enforcement efforts by limiting the tools available to agents for identifying individuals who may pose a risk or be involved in illegal activities, particularly in areas like border security or counter-terrorism.
Tradeoffs
The provision balances the protection of civil liberties and prevention of discrimination against the operational flexibility and perceived effectiveness of law enforcement agencies in conducting investigations.
Section 2(b)
Judicial Review for Immigration Proceedings
This section grants aliens in removal proceedings the right to request a hearing in a U.S. district court. The purpose of this hearing is to determine if the DHS prohibition on discriminatory profiling (from Section 2(a)) was violated in their case. If the district judge finds a violation, the removal proceedings against the alien must be dismissed. If no violation is found, the case is sent back to the immigration court for standard removal proceedings.