Vernellia R. Randall, Weekly Racial Justice Update: September 13–19, 2026, Racism.org (September 20, 2026).

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The Census Bureau is accepting public comments through October 13, 2026, on a proposal that would prohibit questions about race and ethnicity from appearing on the decennial census short-form questionnaire or any other questionnaire used to enumerate the population. The proposal would also exclude many immigrant residents from the population used for congressional apportionment.

Comments should identify Docket No. USBC-2026-0628. Review the proposal and submit a public comment through the Federal Register. Read my article, “A Colorblind Census in a Racist Society: We Cannot Eliminate Racial Disparities by Refusing to Count Them.”

Removing race and ethnicity questions will not eliminate racial inequality. It will weaken the direct, nationwide population baseline used to expose disparities, enforce civil-rights laws, draw voting districts, allocate resources, evaluate public programs, and determine whether racial conditions are improving. Public opposition must become part of the administrative record before the government presents the deliberate suppression of essential racial data as a neutral administrative change.

The other developments this week show racial inequality being preserved through administrative rules, selective enforcement, political intimidation, government speech, and control over public resources. The Justice Department continued weaponizing civil-rights law against diversity programs. Federal officials threatened to place armed agents near polling locations. The Environmental Protection Agency kept congressionally authorized environmental-justice funds frozen as the deadline for distributing the money approached.

Communities fought back. Courts blocked federal mail-voting restrictions and unlawful warrantless immigration arrests. Civil-rights organizations sued to keep federal agents away from voting locations. Tribal witnesses demanded action on missing and murdered Indigenous people. Black media examined racial disparities in the legal treatment of mothers with serious mental illness. Indigenous media documented Native communities reclaiming space for Two-Spirit people.



Black Communities Demand Credible Investigations of Hanging Deaths

An Associated Press examination published during the week described the fear and distrust surrounding cases in which Black people have been found hanging in Southern states.

Authorities have classified some of the deaths as suicides. Families and community advocates have questioned whether the investigations were sufficiently thorough, independent, and transparent. Nearly 60 members of Congress reportedly asked the Justice Department to investigate hanging deaths involving Black people and enforce the Emmett Till Antilynching Act.

Why It Matters

America’s history does not prove that every hanging death involving a Black person is a lynching. It does require law-enforcement agencies to recognize that history and conduct exceptionally careful investigations. Public distrust grows when families are excluded, evidence is inadequately explained, or officials dismiss community concerns instead of addressing them.

Bottom Line

Black communities are not creating racial fear by remembering lynching. The government created that distrust through generations of failing to prevent, investigate, and punish racial terror.

Source:

Associated Press, “Cases of Black People Found Hanged in the U.S. South Are a Reminder of Nation’s Lynching History” (September 17, 2026). Last visited September 23, 2026.

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Black Media Examines Race and Criminal Responsibility in Maternal Mental-Illness Cases

Word In Black published an analysis comparing the cases of Black mother Latarsha Sanders and white mother Lindsay Clancy. Both women were charged with killing their children while experiencing serious mental illness.

Massachusetts’ highest court ordered a new trial for Sanders after unanimously concluding that the exclusion of her post-arrest mental-health records improperly stripped the medical foundation from her defense.

Clancy’s jury later divided 11–1 over whether she should be found not guilty by reason of insanity. Eleven jurors were white. The single juror of color—a Black man—was the only juror who reportedly opposed the insanity verdict.

The appellate ruling and mistrial occurred before this update’s coverage period. The new development was Word In Black’s September 14 examination of how race, mental illness, and criminal responsibility operated across the two cases.

Why It Matters

Race can influence whose mental illness is understood as a medical crisis and whose conduct is treated primarily as criminal. That influence can operate through charging decisions, evidentiary rulings, media narratives, access to experts, and assumptions about motherhood, dangerousness, and credibility.

The racial composition of a jury does not prove why an individual juror voted a particular way. But courts cannot honestly assume that jurors enter deliberations untouched by racialized experiences and beliefs.

Bottom Line

The legal system cannot claim to apply an insanity defense equally while ignoring racial differences in access to treatment, medical evidence, public sympathy, credibility, and the presumption of innocence.

Sources:

Randall, “Reasonable Doubt Is Not Color-Blind: Black and White Experience in Maternal Mental Illness Cases”, Racism.org (September 13, 2026);

Word In Black, “Two Moms Killed Their Kids. Did Race Play a Role in Their Cases?” (September 14, 2026). Last visited September 23, 2026.

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Black Media Warns That a $2.8 Billion Environmental-Justice Program Remains in Legal Limbo

Word In Black reported that the Environmental Protection Agency’s $2.8 billion Environmental and Climate Justice Block Grant Program remains caught in litigation as the September 30 deadline for distributing the funds approaches.

Congress appropriated $2.8 billion for financial assistance and another $200 million for technical assistance. The EPA selected 105 projects to receive approximately $1.6 billion, leaving about $1.2 billion available.

A federal district court directed the EPA to administer the program through September 30. On August 20, the Fourth Circuit stayed that order while the government pursued its appeal. Word In Black’s September 18 analysis warned that the approaching deadline could prevent communities from receiving the money even if the challengers ultimately prevail.

Why It Matters

Black, Latino, Indigenous, and low-income communities are more likely to live near highways, refineries, power plants, landfills, industrial facilities, and other sources of harmful pollution.

Congress appropriated this money because ordinary environmental programs repeatedly failed those communities. The administration can effectively defeat the law without formally repealing it by obstructing the program until the money expires.

Bottom Line

A grant program does not protect anyone if the government can run out the clock until the money disappears. The delay itself has become the method for denying environmental justice.

Sources:

Sabin Center for Climate Change Law, “Climate Litigation Updates” (August 31, 2026);

U.S. Environmental Protection Agency, “Inflation Reduction Act Environmental and Climate Justice Program”;

Word In Black, “$2.8 Billion for Climate Justice Is Stuck in Legal Limbo” (September 18, 2026). Last visited September 23, 2026.

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Civil-Rights Coalition Sues to Keep Federal Agents Away from Polling Places

Nine organizations representing Black communities, Asian American and immigrant communities, workers, and other voters filed a federal lawsuit challenging the threatened deployment of Immigration and Customs Enforcement personnel and other armed federal officers at or near polling locations.

The plaintiffs are the NAACP, Mi Familia en Acción, OCA–Asian Pacific American Advocates, National Urban League, Minnesota 8, Service Employees International Union, American Federation of Teachers, International Union of Painters and Allied Trades, and United Food and Commercial Workers International Union.

The complaint alleges that federal officials claimed authority to send armed agents near voting sites while dismantling internal protections against federal interference in elections.

The plaintiffs are represented by the Asian American Legal Defense and Education Fund, Brennan Center for Justice, Legal Defense Fund, LatinoJustice PRLDEF, National Immigration Law Center, Protect Democracy, and Democracy Defenders Fund.

Why It Matters

Federal agents do not have to arrest voters to suppress participation. The fear of questioning, detention, immigration enforcement, or racial profiling may keep citizens away from the polls. Black voters, Latino voters, Asian American voters, naturalized citizens, and members of mixed-status families are especially vulnerable to that intimidation.

Bottom Line

Government-created fear can suppress voting as effectively as rejecting a ballot. Armed immigration enforcement has no legitimate place at or near polling locations.

Sources:

Legal Defense Fund, “NAACP v. DHS” (September 18, 2026);

LatinoJustice PRLDEF, “Civil Rights Coalition Files Federal Lawsuit Challenging Threatened Use of ICE and Federal Law Enforcement at Polling Locations” (September 18, 2026);

National Immigration Law Center, same-titled announcement (September 18, 2026). Last visited September 23, 2026.

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Court Blocks Federal Mail-Voting Restrictions

A federal judge issued a nationwide preliminary injunction blocking a U.S. Postal Service rule that would have imposed new federal requirements on state mail-ballot systems.

The rule required absentee and mail ballots used in federal elections to comply with newly prescribed envelope designs. It also restricted delivery to voters verified through a new Federal Ballot Mail Portal.

The Postal Service could have refused to deliver ballot materials that did not satisfy the new requirements. The court concluded that the challengers were likely to establish that the Postal Service had exceeded its legal authority.

Why It Matters

Mail-voting restrictions do not operate on a racially neutral foundation. Black voters and other voters of color have repeatedly faced registration barriers, polling-place closures, voter-roll purges, intimidation, and unequal access to election resources.

The rule could have prevented eligible voters from receiving or returning mail ballots, with the greatest burden falling on communities already facing unequal access to voting.

Bottom Line

The Postal Service is responsible for delivering ballots—not deciding which state election systems or voters deserve postal service.

Sources:

Lawyers’ Committee for Civil Rights Under Law, injunction announcement (September 14, 2026);

NAACP, injunction announcement (September 14, 2026);

DSCC v. Trump, Memorandum Opinion Granting Preliminary Injunction (D.D.C. September 13, 2026). Last visited September 23, 2026.

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Court Restricts Warrantless Immigration Arrests in Southern California

A federal court ordered immigration agents in Southern California to stop making warrantless civil immigration arrests without evaluating whether a person was likely to escape before a warrant could be obtained.

Federal law permits a warrantless civil immigration arrest only when officers have probable cause to believe both that the person is unlawfully present and that the person is likely to escape before a warrant can be secured.

The lawsuit was brought by five Latino workers, the Coalition for Humane Immigrant Rights, Los Angeles Worker Center Network, United Farm Workers, and Immigrant Defenders Law Center.

Why It Matters

When officers treat a person’s language, occupation, location, or appearance as proof of immigration status and flight risk, immigration enforcement becomes racial policing. The government’s enforcement approach forced Latino workers to choose between earning a living and risking detention based on assumptions about who they were.

Bottom Line

Requiring immigration agents to establish the legal conditions for a warrantless arrest is not an obstacle to legitimate enforcement. It is the minimum required before the government takes away a person’s liberty.

Source:

ACLU of Southern California, “Federal Court Blocks Unlawful Warrantless Immigration Arrests in Southern California” (September 16, 2026). Last visited September 23, 2026.

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Federal Appeals Court Clears the Way for Tribes to Block Unauthorized Gaming

The Ninth Circuit reversed a district court’s refusal to grant preliminary relief to the Blue Lake Rancheria and Chicken Ranch Rancheria of Me-Wuk Indians in their challenge to sports-event contracts offered by Kalshi and related companies on tribal lands.

The appeals court concluded that the tribes were likely to establish that the contracts constituted unauthorized Class III gaming under the Indian Gaming Regulatory Act. The court returned the case to the district court for further proceedings.

Why It Matters

Tribal sovereignty includes authority over economic activity on tribal land. Digital companies should not be permitted to bypass tribal governments by labeling wagers as financial contracts.

Federal and state governments spent generations dispossessing Native nations of land, resources, and independent sources of revenue. Nontribal businesses cannot now claim a superior right to profit from activity conducted within tribal jurisdiction.

Bottom Line

Tribal jurisdiction cannot be respected only when it does not interfere with a nontribal company’s profits.

Sources:

Blue Lake Rancheria v. Kalshi, Inc., No. 25-7504 (9th Cir. September 16, 2026);

Reuters, report on the ruling (September 16, 2026). Last visited September 23, 2026.

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Federal Campaign Against Diversity Programs Produces a $25 Million Accenture Settlement

Accenture Federal Services, Accenture plc, and Accenture LLP agreed to pay the federal government $25 million to resolve Justice Department allegations that they violated the False Claims Act.

The Justice Department alleged that Accenture Federal Services falsely certified compliance with federal-contracting nondiscrimination requirements while considering race or sex in employment decisions intended to advance nonpublic workforce-composition goals.

The companies denied discrimination, and the settlement does not constitute an admission of liability. The agreement follows similar settlements involving Deloitte and IBM.

Why It Matters

The administration is redirecting federal civil-rights enforcement away from persistent exclusion, segregated employment networks, racial harassment, and unequal promotion. It is using that enforcement power against programs created to address those conditions.

Employers confronted with expensive federal investigations may abandon even lawful efforts to identify and remove barriers facing historically excluded groups.

Bottom Line

The government is weaponizing civil-rights law against efforts to remedy racial exclusion while abandoning the people those laws were enacted to protect.

Sources:

U.S. Department of Justice, “Accenture Agrees to Pay $25M to Resolve Alleged Employment Discrimination Violations” (September 14, 2026);

Reuters, report on the settlement (September 15, 2026). Last visited September 23, 2026.

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Islamophobic Campaign Rhetoric Targets Muslim Political Participation

An analysis published during the week documented campaign rhetoric portraying Muslim candidates and public officials as disloyal, dangerous, or unfit for office because of their religious identity.

The attacks included unsupported claims about Muslim officials and renewed warnings about the imaginary imposition of Islamic law. Texas officials also targeted privately funded ritual-washing facilities at airports and continued opposing a proposed mosque-centered development.

Why It Matters

Criticism of a candidate’s record, policies, or political speech is legitimate. Treating Muslim identity itself as a threat is religious bigotry. The objective extends beyond defeating particular candidates. It tells Muslims that entering public life will place their faith, citizenship, and loyalty on trial.

Bottom Line

The attacks are intended to make Muslim Americans defend their right to belong before they are permitted to debate public policy. Religious identity cannot become a substitute for evidence or a disqualification from American political life.

Source:

The Guardian, “‘It’s Just Straight Bigotry’: Wave of Islamophobic Rhetoric Looms Over U.S. Midterm Elections” (September 13, 2026). Last visited September 23, 2026.

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Palestinian Officials Again Denied Visas to Attend United Nations Proceedings

The United States extended visa restrictions against Palestinian officials, including Palestinian Authority President Mahmoud Abbas, preventing them from traveling to New York to participate in United Nations proceedings.

The United Nations General Assembly voted 152–3 to permit Abbas and other affected Palestinian officials to participate by video. Four countries abstained.

The State Department said the sanctions responded in part to Palestinian efforts to pursue legal proceedings involving Israel before international tribunals. Palestinian officials condemned the restrictions.

Why It Matters

The United States has special responsibilities as the host country of the United Nations. It should not use its control over entry visas to determine which peoples may appear personally before an international institution.

Punishing Palestinian officials for seeking review through international courts exposes the limits of the government’s stated commitment to resolving political disputes through law rather than violence.

Bottom Line

The United States is using its geographic control over access to the United Nations to restrict Palestinian participation in international decision-making.

Sources:

The New Arab, “U.N. Chief Regrets U.S. Visa Denial to Abbas to Attend Assembly” (September 18, 2026);

The New Arab, “U.S. Again Denies Palestinian Leader Abbas Visa to Attend UNGA” (September 17, 2026). Last visited September 23, 2026.

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Sikh Truck Driver Survives a Brutal and Apparently Unprovoked Attack

A 28-year-old Sikh truck driver was attacked from behind and stabbed repeatedly at a Wyoming rest stop on September 13. He survived after spending five days in a hospital.

Authorities arrested another truck driver and charged him with attempted first-degree murder. Investigators had not established a motive by the end of the week. Sikh advocates urged authorities to examine whether racial or religious bias played a role.

The attack occurred amid escalating hostility toward Sikh truckers. Days earlier, the Department of Homeland Security circulated and later deleted a degrading social-media image telling “Mr. Singh” to get off American roads. More than 160,000 people in the United States reportedly share the surname Singh.

Why It Matters

It would be irresponsible to declare the assault a hate crime before investigators establish a motive. It would be equally irresponsible to investigate the attack as though it occurred in a political vacuum.

When a federal agency uses a common Sikh surname as a racialized insult, it marks an entire community as foreign, incompetent, and dangerous.

Bottom Line

Government rhetoric may not establish the motive for an individual attack, but it helps determine which prejudices receive official permission and which communities are made into acceptable targets.

Sources:

AsAmNews, “Rep. Krishnamoorthi Condemns Trump Administration’s Racist Deportation Tweet” (September 10, 2026);

Associated Press, “Knife Attack on Sikh Trucker in Wyoming Stirs Fresh Fears in Community” (September 18, 2026). Last visited September 23, 2026.

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South Asian Members of Congress Condemn Racist Attack on University Students

Members of the Congressional Asian Pacific American Caucus condemned a racist social-media post targeting South Asian students celebrating at a University of Texas football game.

Representatives Grace Meng, Suhas Subramanyam, Ami Bera, Pramila Jayapal, Ro Khanna, Raja Krishnamoorthi, and Shri Thanedar joined the statement.

Why It Matters

The message underlying the post was that white celebration is ordinary, while the visible presence of South Asian students means that an institution has been taken over.

That is the language of racial ownership—the claim that some Americans naturally belong while others remain permanent outsiders, regardless of citizenship, achievement, or community ties.

Bottom Line

South Asian students should not have to prove that they belong at an American university, a football game, or anywhere else in public life.

Source:

Congressional Asian Pacific American Caucus, “Chair Meng, South Asian Members of Congress Denounce Racist Post Targeting UT Austin Students” (September 15, 2026). Last visited September 23, 2026.

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Tribal Witnesses Tell Congress That Years of MMIP Initiatives Have Failed

The House Judiciary Subcommittee on Crime and Federal Government Surveillance held a hearing on missing and murdered Indigenous people.

Witnesses included former Navajo Nation Vice President Myron Lizer and Abigail Echo-Hawk, executive vice president of the Seattle Indian Health Board and director of the Urban Indian Health Institute.

Echo-Hawk testified that federal funding cuts and disruptions were damaging the organizations responding to violence against Native people. Her written testimony cited a survey of 201 tribes and Native-serving organizations. Nearly 64% reported substantial effects from cuts to grants that were not due to expire.

The hearing record also included Not One More: Findings and Recommendations of the Not Invisible Act Commission.

Why It Matters

The federal government does not need another ceremonial acknowledgment that Indigenous women, men, children, and Two-Spirit people face extraordinary danger. It needs reliable data, adequate funding, coordinated investigations, respect for tribal jurisdiction, and accountability when agencies fail to act.

Bottom Line

Sovereignty requires tribal authority and resources to prevent violence, investigate disappearances, prosecute offenders, protect survivors, and design community-based responses. Another report without power, funding, and enforcement will not save lives.

Sources:

Native News Online, report on the hearing (September 15, 2026);

U.S. House of Representatives, hearing record (September 15, 2026);

U.S. House of Representatives, Written Testimony of Abigail Echo-Hawk (September 15, 2026). Last visited September 23, 2026.

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Two-Spirit Head Dancers Claim Space Within Indigenous Tradition

At the Native American Youth and Family Center’s Neerchokikoo Powwow in Portland, Oregon, intergenerational Two-Spirit head dancers participated openly in traditional dance and community celebration.

Theo Wright, who is Klamath and Oglala Lakota, danced in both jingle-dress and grass-dance regalia. Organizers described a broader movement among powwows to welcome Two-Spirit people and reject rigid gender rules imposed on Native traditions.

Why It Matters

Colonial governments and Christian institutions did not merely seize Indigenous land. They also attacked Indigenous understandings of gender, family, spirituality, and community.

Creating visible and affirming spaces for Two-Spirit people is not simply inclusion within an unchanged tradition. It is part of reclaiming Indigenous culture from rules imposed through colonization.

Bottom Line

Indigenous sovereignty includes the power of Native communities to recover traditions from colonial gender restrictions and define belonging for themselves.

Sources:

ICT, “Intergenerational Two-Spirit Head Dancers Find Joy in Expressing Themselves Freely” (September 17, 2026);

Underscore Native News, same-titled report (September 16, 2026). Last visited September 23, 2026.

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Bottom Line

This week’s developments show racial inequality being maintained through administrative delay, suppressed data, selective enforcement, political intimidation, government speech, and control over public resources.

The federal government attacked diversity programs while claiming to enforce civil rights. It attempted to impose new mail-voting restrictions while claiming to protect elections. It threatened armed enforcement near polling places while claiming to preserve order. It kept environmental-justice funds frozen as the deadline for using them approached.

Courts stopped some of these actions. But civil rights cannot depend on targeted communities repeatedly finding lawyers and obtaining emergency injunctions every time the government repackages a discriminatory policy.

Racial and ethnic media revealed what mainstream coverage missed or treated as secondary. Black media connected maternal mental illness to racial differences in criminal responsibility and exposed how administrative delay threatens environmental-justice funding. Indigenous media documented both the continuing MMIP crisis and the reclamation of Two-Spirit identity. Asian American and Sikh reporting placed an individual attack within a larger campaign of government-supported racial hostility. Arab media exposed how United States visa power is being used to restrict Palestinian participation at the United Nations.

These are not side stories. They are essential evidence. Racial and ethnic media do not merely provide a different perspective on the news. They identify injuries, communities, and forms of resistance that mainstream institutions routinely fail to see.

Racial hierarchy survives not only through openly racist laws, but through administrative delay, suppressed data, selective enforcement, government intimidation, and the withdrawal of protection from targeted communities. The language has changed. The allocation of power has not.

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Search and Source Transparency

Live searches were conducted on September 23, 2026, for developments and substantive analyses published from Sunday, September 13, through Saturday, September 19, 2026.

The initial research included racial- and ethnic-community media as well as mainstream, legal, governmental, and civil-rights sources. The review covered Black, Latino and Spanish-language, Indigenous and tribal, Asian American, South Asian and Sikh, Native Hawaiian and Pacific Islander, Arab American and Muslim, Palestinian, immigrant, and refugee sources.

Primary legal and governmental materials were used when available. Community reporting was used to identify developments, lived consequences, and perspectives overlooked by national media. Allegations were distinguished from judicial findings, settlements, and established facts. Analyses published during the week were identified when the underlying legal development occurred earlier. Community concerns about possible hate-crime motives were not presented as official findings.

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 Vernellia R. Randall, Professor Emerita of Law, University of Dayton School of Law.  This article is the sole intellectual and scholarly work of Vernellia Randall. ChatGPT was used only as a drafting aid comparable to a research or editing assistant. All concepts, analysis, legal reasoning, interpretations, and conclusions are entirely the author’s own, and the author assumes full responsibility for the content.