Anti-Profiling & National Security

Turbulence Ahead: Racial & Religious Profiling at the Border and Ports

By Tahir Imin

What does racial and religious profiling look like at the border and ports?

Twenty two years after 9/11, racial and religious profiling is still the harsh reality for many Americans. Last March, three Muslim-American travelers from Minnesota, Texas, and Arizona sued the Department of Homeland Security after they were stopped multiple times by U.S. officials over several years at the border and in international airports. They were interrogated to determine if they were Muslims, if they attended a mosque, and how often they prayed. The distress of these experiences has led one man to stop wearing a kufi and to stop carrying religious texts when he travels internationally to avoid scrutiny. In recent months, there have also been reports of academics and scientists of Chinese descent being stopped, questioned, and harrassed by law enforcement upon re-entry into the U.S., creating a chilling effect for many in the community.

Profiling people at the border due to their race, ethnicity, or religion is illegal under the U.S. Constitution’s guarantee of equal protection under the law. The U.S. Customs and Border Protection (CBP) is required to base its enforcement activities solely on credible intelligence and legitimate law enforcement purposes.

Reliance on racial and religious profiling is deeply problematic for multiple reasons. It is discriminatory and infringes on an individual’s rights while eroding the public confidence and trust in law enforcement. The practice is counterproductive as well because it takes resources away from more serious dangers and fails to correctly identify real national security risks.

The number of people who continue to be targeted and treated unfairly in these contexts raises serious concerns.

Based on multiple media reports, Black, Arab, and Asian communities are among the groups most frequently reported as being targeted for increased scrutiny and discrimination.

In recent years, several racial and religious profiling cases have been widely reported and further highlight the problem at the border.

• In 2017, CBS reported that two Muslim women from Canada were denied entry to the United States at the Vermont border.
• In 2019, a Sikh-Canadian Minister was asked to remove his Turban at the U.S Border.
• In another case, two men, both of whom are Black and Muslim, are suing Alaska Airlines for alleged racial discrimination and violations of their civil rights. They say they were kicked off a flight in February 2020 over text messages in Arabic.
• In March 2022, three Muslim Americans were allegedly subjected to unconstitutional questioning from border officers about their religion.
• A large number of Sikhs have been subjected to extra screening because of their clothing. The Sikh Coalition has launched an app to highlight cases of discrimination. (Guardian Reported)
• US News reported that Southwest Airlines barred a Muslim woman from the plane’s exit row because of her hijab.
• According to USA Today, the actor Riz Ahmed says he was blocked from boarding a plane to the ‘Star Wars’ convention due to his race.
• Just last month, The Chronicle of Higher Education reported concerns from the Asian American Scholars Forum over multiple incidents of professors and scientists of Chinese descent being stopped at airports and other border crossings and subjected to additional questioning.

What can you do?

Racial and religious profiling has created an environment of fear for communities of color across the country, but there are steps you can take to stand up for yourself:

1. Educate Yourself: Learn and know your rights. Learn about the various forms of profiling, the legal and ethical issues surrounding it, and the ways in which it affects different groups of people. This can help you recognize and report instances of profiling when you see them.
2. Document Incidents: If you witness or experience profiling at a U.S. border or port of entry, document the incident as thoroughly as possible. This could include taking notes on what happened, recording the interaction if possible, and collecting the names and badge numbers of any border agents involved.
3. Report Incidents: If you witness or experience profiling, report the incident to the relevant authorities such as the Department of Homeland Security’s Office of Civil Rights and Civil Liberties or the Inspector General’s Office. You can also report incidents to advocacy organizations such as the American Civil Liberties Union or the Council on American-Islamic Relations.
4. Engage the Community: Community organizations and advocates play an important role in raising awareness about profiling concerns and advocating for change. They can be a valuable resource for people who are at heightened risk to be profiled while traveling.
5. Speak Out: Use your voice to raise awareness about the issue of profiling at borders and ports of entry. This can include sharing information on social media, writing letters to your elected representatives, and speaking out in public forums.

Tahir Imin is the Anti-Profiling, Civil Rights & National Security Program Coordinator at Advancing Justice | AAJC.