This is terrible, but can't lawmakers do a better job of coding the law in a way that drastically disproportionately benefits black and asian farmers without needing to explicitly say so to get around this?
This does not apply to farming, but in others areas they say you can pinpoint someone's ethnicity with extreme accuracy based on things like zip code, income, and other factors like that.
Let's say I want to provide a stimulus to black people in Philadelphia, but I can't get anything into law that explicitly designates money for black people. Ok, I'm giving money to people located in the Alleghany West neighborhood with an income of under 80k. The law now states nothing of race, I'm just providing funds to a neighborhood. Well, as of 2010 this neighborhood was 98% black. I've been out of the city for some years now, maybe there's a couple white folks tryna gentrify, that's where the income cap will remove most of them.
Just like that, I have directed all the funds of my program, at least 98% of it using 2010 census data, to black people. I have created policy that is "race neutral" in its text, but is obviously not in its outcome. Push for racially conscious law in the first place, but if it fails why not just do something like this?