US domestic policy

After the murder of George Floyd, protests pushed some police agencies to bring in a new class of professionals like Colleen Jackson to help make departments more representative of and responsive to the communities they serve.Hired as the first chief diversity, equity and inclusion (DEI) officer in Shaker Heights, Ohio, in 2021, Jackson has assisted in a hiring process that swore in a class of women, Black and Asian American recruits and has surveyed residents on their experiences with the police. She is now organizing an event to bring together young residents and Black officers that she hopes will lead to safer interactions on the street.“I hope what I do touches people’s hearts and that changes their behavior,” she said.Yet, the threat of the Cleveland suburb losing a federal grant because of her work only becomes more palpable as her friends and colleagues in the field of DEI lose their jobs – and the work they’ve dedicated their lives to hemorrhages esteem. “I’m just not the person who’s gonna operate in fear,” she said. “But I am a person who operates in reality.”View image in fullscreenThere is a growing realization among DEI professionals such as Jackson and police officers across the country that a backlash is gaining momentum. Donald Trump, who has called DEI “illegal”, has halted federal programs and encouraged executive branch agencies to investigate and withhold funds from institutions that engage in DEI practices.The new administration has threatened to pull federal funding to compel policy changes in other areas of American life, such as universities, but policing experts are skeptical that a similar tactic would work on the nation’s roughly 17,000 local and state law enforcement agencies, particularly because they draw most of their funds from local taxes.Still, Trump’s actions are already having an impact, contributing negatively to the culture in police departments by “encouraging tension within the ranks”, said Jenn Rolnick Borchetta, the American Civil Liberties Union’s deputy project director of policing. Opposition to diverse perspectives, she said, can breed an insular culture prone to abuse of underrepresented groups.“This is not merely about the threat to diversity in policing,” Borchetta said. “That threat can spill out into the street.”Increasing diversity among the ranks isn’t a panacea for police abuse – think of the case of Tyre Nichols, a Black man in Memphis, Tennessee, who died after being beaten by several Black officers. Still, policing experts say, hiring a more diverse force combined with efforts to change the culture within departments can help.Trump’s anti-DEI push is not the first time efforts to diversify policing have faced a backlash. Black officers hired in the south during Reconstruction lost their jobs in the late 1800s when the federal government relinquished its control over former Confederate states. Later in the 1970s, after the civil rights movement era, federal efforts to force several big-city police departments to diversify faced opposition from white-dominated police unions. By the 1990s, most of these federal efforts were terminated.According to the Bureau of Labor Statistics, after Floyd’s murder in 2020 and the rise of DEI in policing, the number of Black officers hit its high-water mark in 2022, constituting 17% of the nation’s rank-and-file cops before falling to 14% last year, which is about the number of Black Americans in the country. In 2024, white people made up more than 79% of police officers and women made up more than 14%.Although law enforcement diversity and inclusion experts such as Nicola Smith-Kea maintain that DEI is about more than race – it’s about including people with different abilities, genders, faiths and ages – Smith-Kea thinks Trump has transformed the acronym into a “code word” for Black, creating a framing that DEI is discriminatory against white officers.Smith-Kea said a backlash could mean “removing programs” that serve “the broader population, not just any one race”, such as accessibility ramps for disabled people or equal pay programs for women.In February, the US attorney general, Pam Bondi, dismissed Biden-era lawsuits that accused police departments of hiring discrimination. Bondi dropped a case against the Maryland state police (MSP) before an agreement could be signed that would have required MSP to revise a test that Biden’s justice department found disproportionately disqualified Black and female applicants.In her dismissal, Bondi said police officers would now be “chosen for their skill and dedication to public safety – not to meet DEI quotas”.Phillip Atiba Solomon, the chief executive of the Center for Policing Equity, an organization that collects and analyzes public safety data to improve policing outcomes, said he wondered whether the Trump administration might try to use the Department of Justice to investigate police departments with DEI programs for “reverse racism”. Although Trump might have the power to quickly transform the executive branch, lawyer James Fett believes that it will take more time for the federal courts to turn against DEI. Fett, who frequently represents white officers who say they have faced employment discrimination, is eagerly awaiting the disposition of a case now with the US supreme court filed by a woman who claims she was denied a promotion with the Ohio department of youth services because she is not gay.If the conservative court rules in her favor, experts believe it could lower the standard that straight, white people will have to meet to prove they have faced employment discrimination. “It’s going to be much easier when people want to attack promotions or hiring or even terminations based on a DEI policy,” Fett said.Charles Billups of the Grand Council of Guardians, the umbrella organization for New York state’s African American policing organizations, said he and many of his members fear that Trump’s anti-DEI orders could roll back the progress they’ve seen in hiring and promotions. “A lot of us are preparing for the fair competition fostered by DEI to be eliminated,” he said.Even before Trump, some DEI professionals said they were facing pushback.Delaware county, Pennsylvania, hired Lauren Footman as its first DEI director in spring 2022. Included in her purview were the park police and law enforcement officials within the local prosecutor’s office. She said she felt tokenized right away in a department that was not interested in cultural change and only supportive of hosting parties for identity celebrations such as Black History Month.“Someone in HR actually thought that I was an event coordinator,” she said. During her time, she never worked with the park police or criminal investigation division because she says that Delaware county did not compel them to participate.Footman was fired in the spring of 2024. She says the termination was retaliation for her attempts to address the county’s culture of discrimination and she is currently pursuing legal action. When asked about Footman’s claims, Delaware county said that after her termination, the county worked with a consultant to evaluate its programs and make recommendations. However, county officials vigorously denied her accusations.Even in departments where DEI appears to have support, it can fall short. Veteran Sgt Charlotte Djossou believes that is the case in the DC Metropolitan police department (MPD).View image in fullscreenDjossou is a whistleblower who has been speaking out since the 2010s against the racial targeting in the MPD’s jump-out tactics, which involve plain clothes units accosting and searching people on the street. The courts have repeatedly found jump-outs to be discriminatory and unconstitutional. When Djossou first talked about them in the news media, she attributed their pervasiveness to the lack of Black officers in positions of power.But while she has seen more Black people hired and promoted due to DEI, she doesn’t believe it has altered the way the Black community is policed. “It’s not a Black or white thing. It’s a blue thing. And no matter what your race is, in policing, you have to conform in order to move up,” Djossou said.Djossou has filed a lawsuit against the MPD claiming it retaliated against her for whistleblowing by denying her promotions during a time when the department has been engaged in a high-profile DEI campaign to recruit and hire women. That DEI effort was shepherded by Chief Pamela A Smith, who initially joined the MPD in 2022 as its chief equity officer in the aftermath of Floyd’s murder.“I’m Black. I’m a woman. And all they’ve done is hold my career back,” Djossou said. The MPD did not respond to a request for comment.Smith-Kea understands the frustration some reform-oriented officers might have had with DEI. “Change doesn’t happen overnight,” she said, but there are advances, pointing to the widely used toolkit she helped develop for the Bureau of Justice Assistance, which instructs departments on how to implement interventions for dealing with people in a mental health crisis.Tragic killings like that of Daniel Prude have revealed the interplay between race and mental health in fatal police interactions. Prude was apprehended by Rochester, New York, police in the midst of a mental health crisis in 2020 and died of asphyxia after police put a mesh hood over his face and pinned him on the ground. Smith-Kea believes DEI-rooted solutions can prevent deaths like Prude’s. As an example, she points to the BJA toolkit’s potential to make all people, not just Black people, safer.Despite all the worries about DEI’s fate in policing, the ACLU’s Borchetta said departments have incentives to keep DEI because many learned in the 2020s that to solve crimes they “need to gain the trust of the people and that trust is more easily eroded when police departments don’t reflect the people they’re policing”.Borchetta noted that police departments also learned to use diversity to avoid accountability. She was the lead attorney in the case that brought an end to the New York police department’s unconstitutional practice of stop and frisk in 2013. While working on that case, she said, one of the NYPD’s key defenses was simply: “See how diverse our department is.”However, she also credited that diversity with helping to win the case, including the contribution of Latino and Black officers who raised alarms about stop-and-frisk. “That’s a reminder that diversity is important because it brings in perspectives of people who might be affected by your program in different ways,” she said.In Shaker Heights, where the mayor has vowed to continue its DEI initiatives, Jackson was optimistic about the future of DEI in policing. She believed that her work had touched people, and that kind of personal impact couldn’t just be erased with an executive order. She said she was certain she and other DEI professionals would continue the work, regardless of Trump’s efforts.“I recognize these executive orders could bring the end of this particular name for the work – DEI – but it doesn’t mean the work will stop,” Jackson said. When asked how she could be so sure, she said: “The work of DEI has been going on for generations. It’s the only reason why I, as a Black woman, have a job in the public sector, you know what I mean?”This article was published in partnership with the Marshall Project, a non-profit news organization covering the US criminal justice system. Sign up for their newsletters, and follow them on Instagram, TikTok, Reddit and Facebook. More