DETROIT — The Department of Homeland Security Office for
Civil Rights and Civil Liberties is opening an investigation to review mounting
complaints from local Muslims who say they have been questioned by Customs
Border Protection (CBP) officers about their religious practices while crossing
the United States-Canada border.

 The
investigation comes after the Council on American Islamic Relations of Michigan
filed complaints on Mar. 24 to both the DHS and Department of Justice,
requesting civil and potential criminal investigations into the dozens of
complaints that include firearms or snipers being used against travelers, who
in some cases have been handcuffed.

Speaking to The Arab American News (TAAN) by phone Ron
Smith, Chief CBP Officer in Detroit, said travelers can avoid problems at the
border by providing proper identification including an enhanced driver’s
license, passport or forms of documentation that prove they’re legally
authorized to be in the U.S.

 CAIR’s letter
to the DHS states that even after passengers provided their passports to agents
they were immediately told to turn their vehicles off. Seconds later the
vehicles are surrounded by agents pointing weapons in their direction. In
addition to the snipers, firearms and handcuffing, men are thrown against their
vehicles, taken inside for questioning or left in a cell. CAIR reports at least
a dozen Muslim Somali women said they were subjected to invasive humiliating
body searches that are a form of sexual harassment.

 Smith said
there are two types of driver’s licenses issued in Michigan, and travelers must
present the enhanced driver’s license, rather than the standard operator
license. Enhanced licenses allow travelers to enter the U.S. at a land or sea
border crossing, when returning from Canada, Mexico, Bermuda or the
Caribbean.  Those who have a
standard operator license while crossing over the regions must also provide a
passport or other federally acceptable documentation. 

He says the use of weapons against travelers is necessary to
protect other travelers, and it’s uncertain whether someone attempting to cross
the border is a threat.  Smith said
everyone crossing the border is considered a foreign national until proven
otherwise.

“The Department strictly forbids profiling when someone
approaches the border,” he said.

When asked about some women’s beliefs that the body searches
are a form of sexual harassment and the questioning of religious practices Smith
declined to comment, saying the DHS would handle such complaints.

On May 10 he visited the local Middle Eastern American
television studio to discuss the types of documents that must be presented at
the border.

Some of the most commonly asked questions of Muslims when
crossing the border are:

Do you pray five times a day?

Do you pray your morning prayer at the mosque? 

Who else prays at your mosque?

Who is the imam at your mosque?

What do you think of Anwar al-Awlacki?

Are there terrorists at your mosque?

Are you affiliated with any terrorist organizations?

Which Muslim charities have you donated to?

 In a letter to
CAIR-MI Staff Attorney Lena Masri, DHS officer for Civil Rights and Civil
Liberties, Margo Schlanger said, “The Office for Civil Rights and Civil
Liberties has the responsibility to review and assess complaints against
Department of Homeland Security employees and officials concerning violations
of civil rights, civil liberties, and profiling on the basis of race,
ethnicity, or religion. CRCL has received a number of complaints like yours,
alleging that U.S. Customs and Border Protection (CBP) officers have engaged in
inappropriate questioning about religious affiliation and practices during
border screening. We will add these complaints to the investigation we are
opening on this subject. . .”

Masri told the TAAN, CAIR is considering filing a lawsuit
against CBP in response to the complaints. She says searches can take up to 8
hours, and children are often detained. Among the complaints CAIR receives, she
said issues with CBP ranks among the highest, and other CAIR chapters are
receiving similar complaints.