Erase structural racism: 5 steps Joe Biden can take to make U.S. laws, policies more just
It will take concerted effort by the Biden administration and Congress to dismantle white supremacy and its racial inequities.
President Joe Biden’s selection of Kamala Harris as his vice president stands in stark contrast to former President Donald Trump’s stoking of white nationalism, which reached a new level with the armed insurrection on Jan. 6 at the U.S. Capitol.
While white nationalism has been a constant, often violent presence throughout American history, the recent sight of the Confederate flag flying in the Capitol underscores the reality that the threat of violent white supremacy is still present in America.
Throughout American history, major steps taken to undermine white supremacy have consistently been met with violent reactions. The response to abolitionism was the Civil War. The reaction to Reconstruction and the 14th Amendment to the Constitution was Jim Crow segregation and widespread lynching. The response to the 1960s Civil Rights Movement was assassinations, bombings and police dogs unleashed on peaceful protesters. The reaction to recent Black Lives Matter protests has been rubber bullets, tear gas, flash grenades and even militarized phalanxes deployed against nonviolent supporters of racial justice.
In response to white supremacy, President Biden needs to take action to put into practice his apparent commitment to anti-racism and multiculturalism. That commitment is underscored by his selection of people of color for high-profile government positions, but those selections are only a first step to fight white supremacy.
Key policy decisions must follow:
First, treat violent white nationalists as domestic terrorists. FBI director Christopher Wray at a Sept. 17 congressional hearing singled out white supremacist groups as the greatest domestic terrorist threat to America.
Yet, Trump declined to condemn white supremacists at a Sept. 29 presidential debate, where he instructed the Proud Boys to “stand back and stand by.” On Jan. 29, federal prosecutors investigating the riot at the Capitol announced conspiracy charges against the Proud Boys.
Second, employ a racial equity lens as a decision-making tool to ensure that the federal government no longer institutes or leaves unchanged policies and practices that promote structural racism.
Structural racism — the historical and ongoing racial discrimination and segregation of African Americans in particular — is undergirded by white supremacy and has long been supported by federal policy. That is true of slavery, school segregation, redlining, voter suppression and other discriminatory practices. While chattel slavery no longer exists, these policies and their progeny today uphold white supremacy and ensure predictable, oppressive and sometimes violent results.
Biden has issued an Executive Order stating that it is “the policy of my Administration that the Federal Government should pursue a comprehensive approach to advancing equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality.” This is an important early statement that needs to be turned into action.
Third, focus on justice and hold law enforcement accountable. It is a lack of justice that is at the heart of the frequent killing of unarmed black men and women at the hands of police officers. It is a lack of justice that allows such outrageous killings to continue unabated and permits police officers with histories of abuse to remain on the job. Justice must be extended to all.
Attack discrimination in housing
Fourth, address housing discrimination, which is widespread in America and determines where we live, where we go to school and many other aspects of our lives.
The Trump administration took major steps to undermine fair housing. In August, for instance, it issued a rule — Preserving Community and Neighborhood Choice — to block implementation of the statutory obligation to “affirmatively further fair housing.” This change will maintain housing segregation.
The Trump administration in September also adopted a rule on “Disparate Impact.” This new rule would nullify the Fair Housing Act's Discriminatory Effects standard, under which the impact of a policy is just as relevant as the motivation. Without Disparate Impact, a well-established legal avenue to prosecute housing discrimination would be invalidated.
Biden has issued an Executive Order starting the process of undoing those two rules. The federal government’s commitment to fair housing should be clarified further by Congress and not left to be a byproduct of the commitment of any particular president.
End segregation of schools
Fifth, tackle school segregation. Almost seven decades after the Supreme Court declared racial segregation in schools unconstitutional, “American public schools remain largely separate and unequal – with profound consequences for students, especially students of color,” as The New York Times reports.
That stunning lack of progress must be addressed. Doing so requires challenging housing discrimination, as segregated communities yield segregated schools. It also requires support for high-quality racially integrated learning environments, including changes to curriculum and discipline policies.
President Biden has a pivotal opportunity to reestablish America’s policy priorities. He took office only days after Americans witnessed how easily the Confederate flag could be flown inside the Capitol and gallows could be erected on the Capitol grounds.
It will take concerted effort by the Biden administration and Congress to erase those searing images with actions that dismantle white supremacy and its racial inequities.
Elaine Gross is president of ERASE Racism.