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Assistant Attorney General Kristen Clarke of the U.S. Department of Justice Civil Rights Division, left, listens as U.S. Attorney Todd W. Gee for the Southern District of Mississippi, addresses a reporter's question during a news conference, Wednesday, Nov. 8, 2023, in Jackson, Miss., that it has opened an investigation into the City of Lexington, Miss., and the Lexington Police Department, focusing on the police department's use of force and its stops, searches and arrests. (AP Photo/Rogelio V. Solis)
Stacy M. Brown
Published: 21 November 2024

As the incoming Trump administration plans to dismantle the Department of Justice’s Civil Rights Division, the future of civil rights enforcement and protections for marginalized communities faces an existential threat. This week, the Justice Department’s Civil Rights Division, in collaboration with the University of the District of Columbia Law School, commemorated the 15th anniversary of the Shepard-Byrd Hate Crimes Prevention Act. The event, attended by hundreds in person and online, tackled the law’s importance and the growing need to counter hate-fueled violence.

Passed in 2009, the Shepard-Byrd Act enables federal prosecution of hate crimes motivated by race, religion, national origin, gender, sexual orientation, gender identity, or disability. The law honors the memories of James Byrd Jr., a Black man lynched by white supremacists in Texas, and Matthew Shepard, a gay college student tortured and murdered in Wyoming. While the event celebrated progress, it also highlighted the alarming rise in hate crimes and the potential reversal of gains under the incoming administration.

“Fifteen years ago, the Hate Crimes Prevention Act gave the Justice Department critical tools to counter hate,” Principal Deputy Associate Attorney General Benjamin C. Mizer said. “We know that more work lies ahead, and the Department will keep working tirelessly to ensure that every person feels safe in their communities.”

A Grim Statistical Landscape

Recent FBI data reveals troubling trends in hate crimes, which have surged for four consecutive years. In 2023, over 9,000 incidents were reported, with racial bias accounting for the majority. More than 33% of race-based hate crimes targeted Black Americans, while crimes motivated by sexual orientation comprised 16% of reported cases. Gender identity-related hate crimes saw a 19% increase, further underscoring the heightened vulnerability of LGBTQ+ communities.

Assistant Attorney General Kristen Clarke emphasized the importance of the Shepard-Byrd Act in confronting the challenges but warned that prosecutions alone cannot eliminate hate. “Education, training, and prevention efforts are just as essential. We will continue striving toward a more inclusive and peaceful America while holding perpetrators accountable,” Clarke stated.

Since January 2021, the Justice Department has charged over 150 defendants in more than 135 cases involving bias-motivated crimes and secured over 125 convictions. The Department has also prioritized hate crime enforcement across all 56 FBI field offices and launched the “United Against Hate” initiative to educate communities and encourage the reporting of hate crimes. Over 550 events under this program have reached more than 18,500 participants.

In addition to enforcement, the Department has distributed more than $100 million in anti-hate grants to law enforcement, community organizations, and civil rights groups. The grants support outreach, investigations, prosecutions, and victim services. The Justice Department has also improved its National Incident-Based Reporting System (NIBRS) to ensure more accurate hate crime data and expanded language accessibility for reporting incidents, with resources now available in 24 languages.

Survivor Stories and Calls to Action

The DC event featured powerful testimonies from survivors and families of hate crime victims. Dennis and Judy Shepard, parents of Matthew Shepard, shared their advocacy journey through the Matthew Shepard Foundation. Louvon Byrd Harris, sister of James Byrd Jr., spoke about her family’s ongoing efforts to promote healing and eradicate hate through the Byrd Foundation.

Taylor Dumpson-Lippincott, a survivor of racially- and gender-motivated harassment, recounted how her experience fueled her passion for combating hate-based violence on college campuses. Dawn and Richard Collins, parents of 1st Lt. Richard W. Collins III, described their son’s unprovoked murder by a white nationalist and their subsequent work to raise awareness about hate group recruitment at majority-white universities.

The trial team that prosecuted U.S. v. Daqua Ritter detailed their landmark conviction under the Shepard-Byrd Act for the murder of Dime Doe, a Black transgender woman. The case marked the first trial conviction involving violence against a transgender person and resulted in Ritter’s life sentence.

Progress in Jeopardy

The Justice Department has taken significant strides in combating hate crimes through initiatives such as enhanced law enforcement training, public awareness campaigns, and improved community outreach. However, the incoming administration’s plans to dismantle the Civil Rights Division and roll back many other freedoms threaten to undo the achievements. Advocates warn that eliminating this critical division would embolden hate groups, reduce accountability, and devastate communities already targeted by bias-motivated violence.

“Hate mongers have no place in America,” Clarke declared. “We will continue working toward justice and accountability, ensuring that no one lives in fear simply for being who they are.”

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