Justice360 – Legal Bulletin: Rights at the Airport

The airport is a stressful place for Muslims living in the United States, as Muslims are often profiled, harassed and detained by law enforcement authorities. By educating ourselves on the law, we will be able to better manage stress and any challenges we may encounter at the airport.

When returning to the United States from overseas, even with valid travel papers, law enforcement officials have the right to stop, detain, and search any person or item. Law enforcement also has the right to question your immigration status to determine your right to enter the United States.

If upon returning to the United States you are selected for an extended interview, you may have the right to have an attorney present for questioning. If you are not a citizen, you generally do not have the right to an attorney when you arrive at the airport from overseas if you are being questioned to determine your eligibility to enter the United States. However, if the questions asked are political or religious in nature you have the right to an attorney. It is advisable to familiarize yourself with an immigration or criminal defense attorney in your jurisdiction, and carry their business card while traveling.

Muslim women have the right to wear hijab at the airport. If you are asked to remove your hijab while being screened by security, assert your right to have this done in private. If only a pat-down of your hijab is required, you may request to complete the pat-down yourself. If a law enforcement officer allows this, they will supervise the pat-down and then check your hands for chemical residue.

Currently many Americans are on notable lists. If an individual is on the Selectee List they may not be able to check-in at an automated kiosk, and may be given additional attention at security. If an individual is on the No Fly List they are not be permitted to fly. In August 2010, the American Civil Liberties Union filed a lawsuit on behalf of ten individuals who are on the No Fly List. This lawsuit holds important civil liberties implications, and Justice360 will update the community on further developments. Finally, if you believe your rights have been violated at the airport, notify local and national civil rights organizations or contact an attorney.
 

The author of this article can be reached via email at Justice360@muslimcongress.org. For more information about Justice360, visit http://www.muslimcongress.org/360.

DISCLAIMER: Justice360° Legal Bulletin’s are meant to assist in the general understanding of the current law relating to the stated topics. JUSTICE360° LEGAL BULLETINS SHOULD NOT BE REGARDED AS LEGAL ADVICE. Organizations or individuals with specific questions should seek the advice of legal counsel.