Tabaa v. Chertoff: A federal appeals court
<http://nefafoundation.org/miscellaneous/FeaturedDocs/Tabaa_v_Chertoff_Opini
on.pdf> affirmed that the Customs and Border Patrol did not violate the
rights of individuals who attended the December 2004 Reviving the Islamic
Spirit (RIS) Conference in Toronto and were then subjected to searches and
detentions at the U.S.-Canada border. The ruling noted that CBP had "reason
to believe that the 2004 RIS Conference 'would serve as a possible meeting
point for terrorists' to 'coordinate operations, and raise funds intended
for terrorist activities,' as well as 'exchange ideas and documents,'
including 'travel or identification documents such as passports or driver's
licenses.'" 
 
Document URL:
http://nefafoundation.org/miscellaneous/FeaturedDocs/Tabaa_v_Chertoff_Opinio
n.pdf
<http://nefafoundation.org/miscellaneous/FeaturedDocs/Tabaa_v_Chertoff_Opini
on.pdf> 
 
 

Court says US border inspections of Muslims were allowed 
The Associated Press 
Monday, November 26, 2007 
 
<http://www.iht.com/articles/ap/2007/11/26/america/NA-GEN-US-Muslims-Stopped
.php>
http://www.iht.com/articles/ap/2007/11/26/america/NA-GEN-US-Muslims-Stopped.
php 

NEW YORK: U.S. immigration authorities acted constitutionally when they
subjected dozens of people returning from an Islamic convention in Canada to
screening tactics usually reserved for people suspected of being terrorists,
an appeals court said Monday. 
 
The court upheld the conclusion of a federal judge that the 2004
inspections, which involved frisking and fingerprinting, did not violate
U.S. constitutional rights to practice religion and avoid unlawful searches.
 
"We do not believe the extra hassle of being fingerprinted and photographed
- for the sole purpose of having their identities verified - is a
significant additional burden that turns an otherwise constitutional policy
into one that is unconstitutional," a three-judge panel wrote. 
 
The New York Civil Liberties Union had sued on behalf of five New York
residents who attended the "Reviving the Islamic Spirit" conference in
Toronto. The NYCLU sought a court order to prevent similar inspections,
along with destruction of personal information collected during the stops. 
 
The residents were searched after telling border officers they had attended
the Islamic conference. They were frisked, fingerprinted and photographed,
and their cars were searched. They were required to fill out several forms
and were questioned about their past travels, what occurred at the
conference and why they attended it. 
 
Each plaintiff was detained and searched for between four and six hours,
after which he or she was released into the United States, the appeals court
said.
 
The U.S. Bureau of Customs and Border Protection had received intelligence
giving it reason to believe people with terrorist ties would be attending
certain Islamic conferences during the 2004 year-end holiday season. 
 
The court said the inspections were necessary because it was not possible
for authorities to know who at the conference may have interacted and
potentially exchanged identification or travel documents with people
suspected of being terrorists. 
 
NYCLU Executive Director Donna Lieberman said she was upset by the ruling.
 
"The decision's deeply disappointing because the court refused to vindicate
the rights of innocent American citizens who were detained at the border and
treated as terrorists simply because they attended a religious conference,"
she said. 
 
The NYCLU had not decided whether to appeal, she said.
 
The government had no immediate comment, Department of Justice spokesman
Dean Boyd said. 


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