Airport & Travel

American Muslims have faced disproportionate selection for secondary screening at the airport and bigotry and harassment during their flight. Despite the DHS statistic showing they rarely pull travelers for secondary screening, The Institute for Social Policy and Understanding (ISPU) reports that Muslims are NINE times more likely to face structural discrimination at airports than other religious groups.

Searches (CBP): 

CBP can ask particulars about your trip like its purpose, length, or destination. It is important to note that you do not have to answer questions about religion, politics, or associations if you are a citizen or permanent resident. 

You can express not being comfortable answering some questions, or your preference of only answering further questions with a lawyer present. 

• You have the right to ask for searches to be conducted in a private area. 
• You have the right to ask for an officer of the same gender to view your scan image.
• You are allowed to request a family member or friend if you wish to be searched in a private area. 
• CBP can search and seize your property without a warrant. Ask that bag searches happen in front of you. 
• For device searches, CBP officers can not use your device to access information solely stored remotely such as on a cloud.
• U.S. Citizens and Permanent Residents do not need to answer questions about family, friends, phone contacts, politics, and religion. It is in the interest of Visa holders to answer questions but may filter their responses.
• If your device is taken ask for a receipt and write down the officer’s name and badge number for retrieval. Never try to remote-erase your device while it is in CBP custody. 
• Consider traveling with an alternative phone.

Discrimination during Travel (The Airline): 

As an airline passenger, you are entitled to courteous, respectful and non-stigmatizing treatment by airline and security personnel. It is illegal for law enforcement officials to perform any stops, searches, detentions, or removals based solely on your race, religion, national origin, sex, or ethnicity. 

If you believe you have been treated in a discriminatory manner, you should: 

• Ask for the names and ID number of all persons involved in the incident. Be sure to write down this information. 
• Ask to speak to a supervisor. 
• Politely ask if you have been singled out because of your name, looks, dress, race, ethnicity, faith, or national origin. 
• Politely ask witnesses to give you their names and contact information. 
• Write a statement of facts immediately after the incident. Be sure to include the flight number, the flight date and the name of the airline. If the perpetrator is another passenger, the airline is responsible for addressing such harassment, such as offering a different seat or contacting law enforcement if necessary.
   

It is important to note the following: 

• A customs agent has the right to stop, detain and search every person and item. Screeners have the authority to conduct a further search of you or your bags. 
• A pilot has the right to refuse to fly a passenger if he or she believes the passenger is a threat to the safety of the flight. The pilot’s decision must be reasonable and based on observations, not stereotypes.
• U.S. Citizens and Permanent Residents (Green Card Holders) must be granted entry to the United States (even if held for many hours). Visa holders are not afforded this right.
• No-Fly List and Selectee List 
  • Individuals experiencing difficulties during travel at airports, train stations or U.S. borders may be on either the no-fly or selectee list. 
  • It is very difficult to determine if you are on one of these lists. 
  • You may be on the selectee list if you are unable to use the internet or the airport kiosks for automated check-in and instead have to check in at the ticketing counter. You should eventually be permitted to fly. 
  • The no-fly list, on the other hand, prohibits individuals from flying at all. If you are able to board an airplane, regardless of the amount of questioning or screening, then you are not on the no-fly list. 

If you are constantly subjected to advanced screening or prevented from flying, file a complaint with DHS at dhs.gov/trip 

Report your instances to CAIR-NJ at cair-nj.org/report 

Disclaimer: This information is for educational purposes only and does not constitute legal advice.

To request a physical copy of the Airport & Travel Guide for free, please contact info@nj.cair.com