Nearly one-third of U.S. children reported missing are Black, despite Black people representing only 14% of the U.S. population, according to congressional documents. To address these racial disparities in missing children cases, Pennsylvania and several other states are proposing legislation to create specialized alert systems focused on children of color, known as Ebony Alerts.
Pennsylvania state Rep. Gina Curry introduced a bill specifically designed to aid in finding missing Black and Brown youth in June 2024 and reintroduced it in January 2025. The legislation is currently under review in the Children and Youth Committee. Meanwhile, similar proposals have emerged in Alabama and Massachusetts as states seek to reform their missing child alert systems.
California Leads the Way with Ebony Alert System
These states are following California’s example, which launched its statewide Ebony Alert program in January 2024. California’s system aims to ensure that cases involving missing Black youth receive equal treatment from law enforcement and comparable public notification to traditional Amber Alerts.
According to research by a law professor studying victimization and inequalities in the criminal legal system, the probability of Black children going missing is three times that of white children. Additionally, the May 2025 Minority and Missing Report, a collaborative effort among law enforcement and civil society groups, highlighted the disproportionate number of missing Black, American Indian and Alaska Native children.
Vulnerability and Structural Inequalities
Black children face heightened vulnerability to trafficking and exploitation compared to white children, according to advocacy research. Structural inequalities such as poverty, housing instability and overrepresentation in the foster care system compound these risks for minority youth.
These disparities extend beyond the initial reporting rates. Even when cases receive attention, systemic biases can affect how law enforcement categorizes and responds to missing Black children.
How Amber Alerts Contribute to Racial Disparities
The Amber Alert system, adopted in the early 2000s, stands for America’s Missing: Broadcast Emergency Response. It distributes information about missing children through radio, television, text messages, highway signs, email notifications and major online platforms including Google and Facebook.
However, to issue an Amber Alert, law enforcement must determine that specific statutory conditions are met, including the child’s age, belief in imminent danger of serious injury or death, and sufficient information to assist in recovery. Crucially, children categorized as “runaways” are excluded from Amber Alert eligibility.
Advocacy groups argue that due to implicit and explicit racial bias, Black children who go missing are disproportionately labeled as runaways, according to Black and Missing Inc. statistics. This classification excludes them from Amber Alert protections and reduces the likelihood of recovery.
Furthermore, some data suggests that even when an Amber Alert is initiated, Black children are less likely to be recovered than white children. This outcome reveals fundamental flaws in the supposedly race-neutral design of the current system.
Ebony Alerts Offer Alternative Criteria for Missing Children
California’s Ebony Alert system ensures all cases involving missing Black youth receive public notification comparable in scope and visibility to Amber Alerts. The system offers different criteria for initiating alerts, including situations where an individual went missing under “unexplained and suspicious circumstances.”
The Pennsylvania proposal generally follows California’s provisions while stating it is intended for “young people of color.” These efforts publicly acknowledge and attempt to address the disproportionate impact of missing child crises on Black communities.
Proposed Reforms to Amber Alert System
Legal experts propose three reforms to reduce flaws in the Amber Alert system for states without Ebony Alert legislation. First, they recommend a more holistic evaluation where no single factor should prevent an alert from being issued, requiring law enforcement to approach each case with greater complexity.
Second, experts suggest broadening the spectrum of “at risk” conditions beyond typical cases of serious bodily harm. This might include unexplained circumstances or recognition that a missing person might be subject to trafficking.
Third, reformers propose shifting the burden within law enforcement decision-making. Officers would need to explain why not to initiate an alert, rather than justifying why an alert should be issued, when circumstances behind a child’s disappearance remain unexplained.
Constitutional Questions Surrounding Race-Conscious Legislation
The design of Ebony Alert laws raises constitutional questions about whether such legislation can withstand equal protection challenges. Under current doctrine, these laws would likely be considered a racial classification subject to strict scrutiny, a demanding legal standard.
However, legal scholars argue that Ebony Alert laws differ meaningfully from recent Supreme Court cases involving race-conscious policies. These are law enforcement measures aimed at protecting children who are victims of crime, and courts have long recognized that safeguarding minors’ physical and psychological well-being is a compelling state interest.
Additionally, Ebony Alert laws address documented racial disparities in the Amber Alert system that undermine equal protection and public safety. According to case law, race-conscious measures may be deemed compelling when essential to accomplishing criminal justice objectives within a community served.
Pennsylvania’s proposed legislation remains in committee, with no definitive timeline for when it might advance to a full vote. The outcome will likely depend on whether lawmakers determine the bill adequately addresses constitutional concerns while serving the urgent need to protect missing children of color.
