( CNN ) New federal law enforcement guidelines set to be issued Monday will expand protection from profiling , but wo n't apply to screenings at borders and airports , or in intelligence operations . The new guidelines replace ones in place since 2003 , which prohibit profiling based on race and ethnicity , but also include broad exemptions for national security investigations . The Justice Department will issue the new guidelines that will prohibit profiling based on religion , national origin , gender , sexual orientation and gender identity , a Justice official said . The expanded ban on profiling comes amid widespread street protests around the nation in the wake of controversial killings of black men by white police officers . The shooting of 18-year-old Michael Brown by a white officer in Ferguson , Missouri , set off wider discussions about police tactics and complaints by black men that they bear the brunt of suspicion and profiling by police . Attorney General Eric Holder in 2009 ordered a review of the profiling ban and pushed for an expansion . He ran into opposition along the way , including from the FBI , whose agents feared it would make their work more difficult , and more recently from the Homeland Security Department , which sought more flexibility for its agencies before agreeing to join the new policy . The new profiling guidelines apply to state and local law enforcement agencies when they are part of federal law enforcement operations . Holder plans to brief state and local law enforcement officials on a conference call Monday and plans to urge them to adopt the federal policy in a speech in Memphis on Tuesday , according to a Justice official . `` Profiling by law enforcement is not only wrong , it is profoundly misguided and ineffective -- because it wastes precious resources and undermines the public trust . Particularly in light of certain recent incidents we 've seen at the local level -- and the widespread concerns about trust in the criminal justice process which so many have raised throughout the nation -- it 's imperative that we take every possible action to institute strong and sound policing practices. , '' Holder said in a statement provided by the Justice Department in anticipation of Monday 's announcement . DHS agencies , including federal air marshals , Homeland Security investigations , and the Coast Guard will be covered by the new policy . But screenings at ports of entry , including airports , are exempted from the profiling policy . The same applies to intelligence operations , which include federal agents ' work to recruit informants . Despite the new broader ban on profiling , some critics are n't satisfied that it goes far enough . Rajdeep Singh , director of law and policy at the Sikh Coalition , said in a statement that `` the message this continues to send is that certain communities are still suspect , and we worry this will lead to more hate crime and discrimination . '' Laura W. Murphy , legislative office director for the ACLU in Washington , said in a statement that the new guidance is `` not an adequate response to the crisis of racial profiling in America , '' arguing that the new guidelines are `` so loosely drafted '' and contain flexibility that can affect American Muslims . The group Muslim Advocates also argued the new rules do n't go far enough in protecting American Muslims from profiling by the FBI , Customs and Border Protection , and other law enforcement agencies . `` We urge the administration to finish the job by addressing these outstanding , gaping problems with the Guidance , '' the group said in a statement .
Screenings at ports of entry , including airports , are exempt from the profiling policy . Holder plans to brief state and local law enforcement officials . He will urge them to adopt the federal policy in a speech .