The laws are “critical tools in achieving the government’s obligation to ensure that public funds are not being used to finance illegal discrimination,” Ms. Gupta wrote in her memo, which was distributed to the head of the department’s Civil Rights Division, as well as the leaders of the Office of Justice Programs, the Office of Community Oriented Policing Services and the Office of Violence Against Women.
Those offices are responsible for distributing most of the grants overseen by the Justice Department.
Enforcement of Title VI, which requires that taxpayer money not be spent in ways that results in or support racial discrimination, falls entirely to the Justice Department. The Supreme Court has ruled that only the department can bring legal action under the statute.
“Title VI is a powerful tool, yet we do not see it fully utilized,” said Sherrilyn Ifill, the president of the NAACP Legal Defense and Educational Fund Inc. Ms. Ifill has pushed the Justice Department to evaluate how it enforced Title VI in its funding programs.
For years, civil rights advocates have pressed the Justice Department to do more to ensure that the federal government withholds funds from law enforcement organizations deemed discriminatory, particularly after the 2014 killings of Black men by police officers in Ferguson, Mo., and on Staten Island, when Eric H. Holder Jr. was attorney general.
“We raised this with Attorney General Holder as a systemic issue that was evidenced in any number of other cases that had not received the kind of attention” that those deaths did, Ms. Ifill said.
She and others continued to press the Trump Justice Department and then the Biden administration in an April letter to Attorney General Merrick B. Garland.