MICHIGAN — On Tuesday, a federal judge in Michigan allowed a lawsuit against U.S. Customs and Border Protection (CBP) and the FBI, which was filed over the repeated detention and questioning of Muslims at the United States-Canada border and other ports of entry, to move forward. 

The Council on American Islamic Relations of Michigan, which is co-counsel on the case, along with Attorney Shereef Akeel, filed the lawsuit on behalf of four American citizens, who reported that CBP and FBI agents detained and handcuffed them without evidence of any wrongdoing and questioned them about their religious beliefs and worship habits. 

Questions reportedly asked of Michigan Muslims by CBP and FBI agents have included how many times a day they pray, whether, or not they conduct their morning prayers in a mosque and who else prays in their mosque. 

Judge Avern Cohn allowed the case to go forward, based on alleged violations of the Constitution’s Fifth Amendment equal protection guarantee. In his order denying the dismissal, Judge Cohn wrote: “This case presents an issue of first impression that, to the Court’s knowledge, has never been addressed by another court in the nation.”

“We are pleased that this important case will move forward, and those who have faced unlawful government questioning about their religious beliefs will continue to have their day in court,” said CAIR Staff Attorney Gadeir Abbas, who traveled to Michigan for the hearing on the government’s motion.