Democrats in Congress have proposed a new racial profiling ban that could thwart state and local laws on immigration enforcement, such as the controversial Arizona law currently tied up in federal court, by witholding federal funding for state and local law enforcement agencies engaged in “racial profiling” and empowering the Department of Justice (DOJ) to file lawsuits against state and local governments.

Sens. Harry Reid, D-Nev., and lead sponsor Ben Cardin, D-Md., are pushing the End Racial Profiling Act of 2011, which would, among other things, “withhold federal law enforcement funding if local and state governments failed to adopt effective policies that prohibit racial profiling” and “require the Attorney General to report on ongoing discriminatory profiling practices.” Those reports could provide the basis for federal lawsuits against the state or local entities, filed by the Department of Justice (DOJ) or by individuals who believe they have been racially profiled.