I know, you're right on with that observation.
It's the same argument the NRA uses when they say the California AG has the authority to name any weapon he doesn't like to the list of banned weapons.
Dangerous stuff in a land that loves Liberty.
The proposal was worded in a way that would guarantee abuse and misinterpretation (purposely designed to fail?). A serious effort would take into account the history tattoos, buzzcuts, clothing, unique language and all the other accumulated gang life paraphanalia these creeps can't shed overnight after a single lawyer appointment.
While those all fall under "profiling" it must be recognized that the Israelis common-sense scrutinizing of their "visitors" has been extremely successful. Our government, charged with the duty of protecting its citizens, would rather allow terrorists and gangers free access than risk a lawsuit over possible discrimination.
I suspect much of our soldiers' problems overseas are caused by the same lame-brained "politically correct" BS. If they run away, lurk in the shadows and just happen to be hoarding explosives and munitions they're terrorists.
If a homey has more ink than visible skin, displays irrational arrogance while wearing the uniform of baggy pants and checked shirts we should at least be able to collect his prints and photos for the gang database. If he's a citizen with no priors he has nothing to fear. If he's an illegal he gets a free trip home while his government gets a copy of everything he's been up to.