This page provides information on the national frameworks to address hate crime in the United States. The information provided here should be viewed alongside data presented on the hate crime report page of the United States.

Hate crime recording and data collection

The United States Hate Crime Statistics Act requires the collection and publication of hate crime data. The authorities responsible for data collection are the Department of Justice and the Federal Bureau of Investigation (FBI).

The Bureau of Justice Statistics at the Department of Justice collects administrative records for federal crimes through the Federal Justice Statistics Program, relying on records of the Executive Office of United States Attorneys, the Administrative Office of the United States Courts, and the United States Sentencing Commission. The records include the number of defendants charged with a federal hate crime, the number sentenced under a federal hate crime offence, and the number who received a hate crime sentencing enhancement.

In 2021, the FBI's Uniform Crime Reporting (UCR) Program finalized the process started in 2019 of transitioning records from all federal, state, local and tribal law enforcement agencies nationwide to the National Incident-Based Reporting System (NIBRS).

The NIBRS captures details about every crime incident – as well as about separate offences within the same incident – including information on victims, known offenders, relationships between victims and offenders, arrestees, and the property involved in crimes. Unlike data reported through the UCR Program's Summary Reporting System (SRS) – an aggregate monthly tally of crimes – the NIBRS goes much deeper due to its ability to provide details on the circumstances and context for crimes, including the location, time of day, and whether the incident was cleared. Hate crime data is derived from NIBRS. Hate crime data is not limited to data about violations of hate crimes statutes but rather includes any traditional NIBRS criminal offence that is motivated by the offender's bias based on 'race', religion, disability, sexual orientation, ethnicity, gender, or gender identity.

In July 2021, the FBI Criminal Justice Information Services (CJIS) Division launched the Hate Crimes Explorer page on the Crime Data Explorer (CDE) Website. The CDE is an interactive tool that enables law enforcement and the public to use and more easily understand the massive amounts of Uniform Crime Reporting (UCR) data currently collected and published by FBI UCR Program. Deploying hate crime data to the CDE will help to increase the transparency of hate crime data across the country.

The Department of Justice's Bureau of Justice Statistics conducts a regular National Crime Victimization Survey, with the most recent data on hate crime victimization available for 2024.

Hate crime victim support

The United States provide specialist support to victims of hate crime. Victims of hate crime are entitled to the same rights as other victims of federal crimes. 

The Department of Justice Office for Victims of Crimes (OVC) funds the Jabara-Heyer NO HATE Act State-Run Hate Crime Reporting Hotlines program, which authorizes grants to states to create hate crime reporting hotlines. Currently this programme funds hotlines specifically for victims of hate crimes in California, Nevada, Illinois, and Washington State.

Through its Antiterrorism Emergency Assistance program, OVC also provides resources and assistance directly to communities and victims affected by hate crimes. These grants help victims build adaptive capacities, decrease stressors, and reduce symptoms of trauma immediately following an incident; recover and regain their ability to function; facilitate victim participation in investigations or prosecutions directly related to the incident; and reimburse victims for out-of-pocket expenses related to their victimization through state crime victim compensation programmes.

Pursuant to the Victims’ Rights and Restitution Act (VRRA), at the earliest opportunity, a responsible official shall provide identified victims with information about services available to them, including referrals for emergency medical and social services and programs that are available to provide counselling, treatment, and other support. The responsibility for providing a victim with referrals for services during the investigation lies with the investigative agency. Once an investigation has been transferred to the prosecutorial entity, responsible officials should ensure that referrals for services are made, coordinating any existing and new referrals to ensure consistency, avoid duplication of services, and meet the best interests of the victim and the case. 

The VRRA also entitles victims to a number of mandatory services, including reasonable protection from the offender and persons acting in concert with the offender, notice about the status of the investigation and certain information related to investigation, prosecution, and corrections, and a separate waiting area from the defendant and defense witnesses during court proceedings. Victims are also entitled to have personal property that is held for evidentiary purposes maintained in good condition and returned as soon as it is no longer needed for such purposes.

Additionally, victims are entitled to participatory rights under the Crime Victims' Rights Act (CVRA). Specifically, the CVRA affords victims with rights to: be reasonably protected from the accused; receive reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; not be excluded from any such public court proceeding unless decided otherwise by the court; be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; confer with the attorney for the government in the case; receive full and timely restitution as provided in law; proceedings free from unreasonable delay; be treated with fairness and with respect for their dignity and privacy; be informed in a timely manner of any plea bargain or deferred prosecution agreement; and be informed of these rights and VRRA services and provided contact information for the Office of the Victims’ Rights Ombudsman of the Department of Justice. The Office of the Victims' Rights Ombudsman within the Executive Office for United States Attorneys receives and investigates complaints filed by crime victims against Department of Justice employees who violate or fail to provide CVRA rights.

In October 2022, the Department of Justice issued updated Attorney General Guidelines for Victim Assistance. The updated Guidelines include a new provision expanding the Department’s policy regarding provision of assistance to individuals who do not meet the definition of victim under the VRRA or CVRA, but nonetheless were significantly harmed by the criminal conduct. The new policy extends to hate crime cases and specifically notes that hate crimes may cause harm not only to the direct victim, but to others in the victim's community.

The Department of Justice victim assistance teams are integral in implementing these Guidelines and providing victims, including victims of hate crimes, with the rights and services they are entitled to under the VRRA and CVRA. Victims receive initial support from the FBI's Victim Services Division during investigations of federal hate crimes until the investigation is closed, or until it is turned over to United States Attorney's offices (USAOs) for prosecution. Each USAO is staffed by experienced Victim Witness Professionals (VWPs) who provide comprehensive and compassionate support to victims in USAO cases, including victims of hate crime. Specifically, VWPs provide safety planning, witness security assessments, travel/lodging coordination for out-of-town victims and witnesses, court accompaniment, emotional support, crisis response, notification services, and referrals for counselling, housing, transportation, crime victims’ compensation, and medical or mental health needs, as appropriate. Many VWPs have specialized experience in supporting victims of hate crimes. 

The Department of Justice Office for Victims of Crime administers funding through federal grants for victim services to support specialized hate crime victim assistance. The Office also partners with community-based organizations throughout the country, and with other federal, state, tribal, and local partners working on hate crime-related projects and supporting hate crime victims in their recovery.

One of the services funded through the Office for Victims of Crime is the Victim Connect Resource Center, which is a weekday phone, chat, and text-based referral helpline operated by the National Center for Victims of Crime. It serves hate crime victims as well as victims of other types of crime. Services are anonymous, confidential, and available for all victims of crime in the United States and its territories. There is a dedicated service for deaf, hearing-impaired, and speech-impaired support seekers. Hotline users receive specialized services, including emotional support, information on rights and available support in over 200 languages. The victim assistance specialists who staff the hotline receive extensive training and mentoring to provide emotional support, information, and provide effective referrals. Referrals are tailored to individual needs and can be made to local, state, and national organizations.

Hate crime capacity building

The FBI conducts hundreds of operational seminars, workshops, and training sessions annually for local law enforcement, minority and religious organizations, and community groups to promote co-operation and reduce civil rights abuses. Each year, the FBI also provides hate crimes training for new agents, hundreds of current agents, and thousands of police officers worldwide.