Department of Homeland Security Commitment to Nondiscriminatory Law Enforcement and Screening Activities

The 2023 DOJ Guidance is the policy of the Department as it applies to Federal law enforcement personnel and Federal non-law enforcement personnel engaged in or supporting Federal law enforcement activity and intelligence activity conducted by Federal law enforcement agencies, except as described in Policy Statement 500-02. Consideration of race, ethnicity, gender, national origin, religion, sexual orientation, gender identity, and disability in the Department’s covered law enforcement activities shall occur only in strict accordance with the Standard and Application sections of the 2023 DOJ Guidance.

The 2013 DHS policy remains otherwise in effect for: (1) interdiction activities at the border or its functional equivalent (such as airports, seaports, and other ports of entry) and related traveler and cargo vetting activities, as well as protective and inspection activities; (2) non-law enforcement screening activities; and (3) all activities that use country of birth or nationality as a security screening, enforcement, or investigative criterion. Reliance on generalized stereotypes involving any individual characteristic in any of the Department's activities is prohibited.