FBI's annual report seriously flawed, shows a drop in hate crimes.

SCREEN CAPTURE / CBS

You might as well throw out this year's FBI annual report on hate crimes. The agency is under heavy criticism for issuing a flawed report that reported a drop in hate crimes in 2021.

In its annual report, the FBI said there were 7,262 hate crime incidents in the United States in 2021. By comparison, 2020 saw 8,263 bias-motivated criminal acts.

“While the FBI’s annual Hate Crime report has been the nation’s best available snapshot of hate violence in America, this year’s data is woefully incomplete, inaccurate and simply cannot be trusted – certainly not to compare to previous years. Victims and communities affected by hate crimes deserve better," said Margaret Huang, the Southern Poverty Law Center’s President and CEO, said in a statement. 

"Although the hate crime statistics reported to us are lower in 2021, hate crime statistics overall are not decreasing, meaning of the agencies that are reporting to us, they are reporting an increase in hate crime," an FBI official said during a press call ahead of the report's release.

The latest numbers fail to capture the scope of the problem even more miserably than in previous years.

“Some jurisdictions fail to report hate crime statistics, while others claim there are no hate crimes in their community – a fact that would be welcome, if true,” FBI Director Christopher Wray said at a congressional hearing last month.

The voluntary nature of the program has resulted in reporting that has been consistently inconsistent. For example, about 3,500 agencies did not report any data to the FBI in the report – including 10 cities with populations over 100,000. And another 60 police departments in cities with populations over 100,000 affirmatively reported zero hate crimes.

The annual report on hate crime statistics is mandated under the Hate Crime Statistics Act of 1990 (HCSA) and compiled from the voluntary submissions of the 18,000 federal, state, university, city and tribal law enforcement authorities across the country.

The 2021 HCSA data is even more drastically incomplete than previous years’ data, to the extent that any comparisons between last year and previous years are almost meaningless.

The lack of compliance by law enforcement agencies is more significant than in past years because 2021 was the first year that the FBI required every agency to report all crime, including hate crimes, through its National Incident-Based Reporting System (NIBRS).

Aware of the FBI reports shortcomings, Associate Attorney General Vanita Gupta issued a statement."The FBI's 2021 Hate Crimes Statistics are a reminder of the need to continue our vigorous efforts to address this pervasive issue in America.

"The Justice Department continues to work with the nation's law enforcement agencies to increase the reporting of hate crime statistics to the FBI to ensure we have the data to help accurately identify and prevent hate crimes," she said.

Although the FBI provided a five-year transition period and technical assistance, many jurisdictions were either unable or unwilling to report through the new system. This noncompliance has resulted in dramatically incomplete reporting: There are 3,300 fewer participating agencies than in 2020, including agencies in New York City, Los Angeles, Chicago, Phoenix and, essentially, the entire states of Florida and California. Ninety million fewer Americans than in 2020 are covered in the 2021 report.

With nearly one-third of law enforcement agencies not submitting any data last year, "This is the most incomplete reporting going back to the beginning of the hate crime data collection program decades ago," said Brian Levin, director of the Center for the Study of Hate and Extremism at California State University San Bernardino and an expert on hate crimes.

For example, "The FBI counted only 73 hate crimes from California using 15 out of 740 agencies," said Levin.

Back in June, California Attorney General Rob Bonta announced a surge of 1,763 hate crimes in 2021 in his state.

Earlier this year, the Center for the Study of Hate and Extremism published their own report that showed a 20% increase in hate crimes in 2021, with a 224% increase in anti-Asian crime.

“We were looking at a record year for anti-Asian hate crimes,” Levin said. “We counted more anti-Asian hate crimes in just 21 cities than the FBI counted nationwide.”

The FBI report's incomplete statistics could give the impression that hate crimes are down when data from other sources indicate a rise in hate crimes based on ethnicity. The misleading conclusion could hamper ongoing efforts to stem the incidents of hate by reducing funding and educational efforts by media, businesses and institutions.

“The failure of thousands of police agencies across the country to participate in this report is devastating for the individuals and communities harmed by these crimes and to our ability to understand and prevent them,” said SPLC's Huang.

EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter.

California governor announces members of the Commission on the State of Hate

Last year, Cynthia Choi introduced Gov. Gavin Newsom at a press conference. 

Cynthia Choi, co-founder of Stop AAPI Hate, was one of five appointees to the newly formed Commission on the State of Hate.

Created by legislation Newsom signed last year and established in the 2022 Budget Act, the Commission will assess data on hate crimes in California, provide resources for victims, and make policy recommendations to better protect civil rights.

Choi, 56, of San Francisco, has been Co-Director of Chinese for Affirmative Action since 2016 and a Co-Founder of Stop AAPI Hate since 2020. 

She held several positions at Asian Americans and Pacific Islanders in Philanthropy from 2006 to 2016, including Vice President of Philanthropic Partnerships and Deputy Director. Choi was Interim Executive Director at Khmer Girls in Action from 2004 to 2006. She held several positions at the California Endowment from 1997 to 1999, including Program Officer and Regional Manager. Choi was also Co-Director of MultiCultural Collaborative from 1994 to 1997. She was Program Developer at the Asian Law Caucus from 1989 to 1992. 

None of the appointments require legislative approval. California Gov. Gavin Newsom also named four other civil rights activists  to the commission Tuesday. They are:

Brian Levin, 58, of Orange County, has been Founding Director at the Center for the Study of Hate and Extremism and a Professor at the California State University, San Bernardino School of Criminology and Criminal Justice since 1999. 

He was a Professor at Stockton University from 1996 to 1999. Levin was Associate Director of Legal Affairs of the Klanwatch/Militia Task Force at the Southern Poverty Law Center from 1995 to 1996. He is a member of the California Association of Human Relations Organizations and an organizational representative to the Leadership Conference on Civil Rights and Human Rights. Levin earned a Juris Doctor degree from Stanford Law School. 

Bamby Salcedo, 53, of Los Angeles, has been President and Chief Executive Officer at the TransLatin@ Coalition since 2015. 

She was HIV and Health Education Services Project Coordinator at Children’s Hospital Los Angeles from 2007 to 2015. Salcedo was Transgender Harm Reduction Project Coordinator at Children’s Hospital Los Angeles from 2007 to 2009. She held several positions at Transgeneros Unidas at Bienestar Human Services LA from 2002 to 2009, including Program Manager, Program Lead and Community Health Specialist. Salcedo was Peer Coordinator at Tarzana Treatment Centers from 2001 to 2002. She earned a Master of Arts degree in Latinx Studies from California State University, Los Angeles. 

Shirin Sinnar, 45, of Palo Alto, has been a Professor at Stanford Law School since 2012, where she has been John A. Wilson Faculty Scholar since 2015. She was Staff Attorney at the Asian Law Caucus from 2006 to 2009. Sinnar was a Law Clerk for the Honorable Warren J. Ferguson at the U.S. Ninth Circuit Court of Appeals from 2003 to 2004. 

She is a member of the Journal of National Security Law and Policy Editorial Board and the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area. Sinnar earned a Master of Philosophy degree in international relations from Cambridge University and Juris Doctor degree from Stanford Law School. 

Erroll G. Southers, 65, of Los Angeles, has been Associate Senior Vice President of Safety and Risk Assurance at the University of Southern California since 2022, Adjunct Staff at the RAND Corporation since 2017, an Advisor at Avata Intelligence since 2013 and Managing Director at TAL Global Corporation since 2010. 

Southers held several positions at the University of Southern California from 2003 to 2022, including Professor of Practice in National and Homeland Security, Director of International Programs, Adjunct Professor and Associate Director of Research and Transition. He was Assistant Chief of Police commanding the Office of Homeland Security and Intelligence at Los Angeles World Airports from 2007 to 2010. Southers was Deputy Director for the Protection of Critical Infrastructure at the Governor’s Office of Homeland Security from 2004 to 2006. 

Southers was also a Special Agent at the Federal Bureau of Investigation from 1984 to 1988. He earned a Master of Public Administration degree and a Doctor of Policy, Planning and Development degree from the University of Southern California.

EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter.