Muslim travelers say they're still saddled with 9/11 baggage

'There is no uniformity in the way in which the Department of Justice applies the law at every level'

Bob Croslin  /  for msnbc.com

Government records show that Hassan Shibly of Tampa, Fla., has been pulled aside at airports for secondary screening at least 20 times since 2004.

Imagine it is 5 a.m. and you’ve landed in New York after a 12-hour overseas flight. Standing in the line for U.S. citizens, you wait as a border agent asks passengers ahead a few cursory questions, then waves them through. Your family is instead ushered into a separate room for more than an hour of searching and questioning.

This was the welcome that Hassan Shibly, traveling with his wife and infant son, said they received in August 2010, when they returned to the United States from Jordan, after traveling to Mecca.

“Are you part of any Islamic tribe? Have you ever studied Islam full time? How many gods do you believe in?” “How many prophets do you believe in?” the agent at New York’s JFK Airport asked, according to Shibly, 24, a Syrian-born Muslim American. He said the agent searched his luggage, pulling out his Quran and a hand-held digital prayer counter.

“At the end — I guess (the agent) was trying to be nice — he said, ‘Sorry, I hope you understand we just have to make sure nothing gets blown up,’” said Shibly, a law school graduate who grew up in Buffalo.

A decade after Islamic extremists used airplanes to attack the World Trade Center and the Pentagon, Muslim American travelers say they are still paying the price for terror attacks carried out in the name of their religion. At airports, ports and land crossings, many contend, they are repeatedly singled out for special screening and intrusive questioning about their religious beliefs. Others say they have been marooned overseas, barred from flights to the United States.

‘Stories come pouring out' “Whenever a group of Muslims sit together … stories come pouring out,” said real estate agent Jeff Siddique, a Pakistan-born U.S. citizen who has lived in Seattle for 35 years. “It’s story after story after story.”

That is supported by a survey released in August by the Pew Research Center, in which 36 percent of Muslim Americans who traveled by air in the last year said they had been singled out for special screening. The Transportation Security Administration does not keep detailed records, but a spokesman said that less than 3 percent of passengers receive a pat down, a primary form of secondary screening.

Rooting out 'extremist tendencies' The difficulty is knowing where policy ends and personal discretion kicks in.

For example, depending on how the directive to focus on travelers to and from countries with active terrorist organizations is interpreted, it might implicate a large swath of American Muslims. The majority of this population is made up of recent immigrants with connections to their countries of origin in the Middle East, North Africa and South Asia.

But Homeland Security recently launched an investigation of a flurry of complaints from Muslims who, like Shibly, say border agents went well beyond asking about their travels. Instead, the travelers say, they were questioned extensively about their religious beliefs and practices. Some reported being asked political questions, such as their views on the Iraq War or President Barack Obama.

One complaint filed by the nonprofit Council on American Islamic Relations with Homeland Security and the Justice Department said its Michigan branch alone has received “dozens of reports (from Muslim travelers) … that CBP agents pointed firearms at them, detained and handcuffed them without predication of crimes or charges, and questioned them about their worship habits.”

Shibly’s case is one of five included in a separate complaint filed by the the nonprofit Muslim Advocates and the American Civil Liberties Union in December.

Another case detailed in the complaint is that of New Jersey resident Lawrence Ho, who says that when he reached the U.S. border from Canada by car in February 2010 he was surprised to find the border agent knew that he had converted to Islam. Ho, who is Chinese American, said the border agent questioned him for nearly four hours about his Muslim beliefs. But an email to the CBP to complain about the encounter at the Rainbow Bridge checkpoint in New York didn’t get far.

"In 2001, the U.S. was attacked by Islamist extremists,” wrote a senior CBP officer in an email response to Ho. “If a CBP officer inquires as to a person's religious beliefs in order to uncover signs of extremist tendencies, that officer is well within his authority."

It is not clear if that statement is in line with Homeland Security policy. In response to msnbc.com queries, Homeland Security did not offer any detail about the ongoing investigation, but provided a general statement by email.

DHS does not tolerate religious discrimination or abusive questioning – period,” wrote Homeland Security spokesman Chris Ortman. The department's office of Civil Rights and Civil Liberties “has notified the complainants and their representatives that it will investigate these allegations and, if appropriate, the department will take corrective action.”

The ACLU and Muslim Advocates also filed a Freedom of Information Act request, seeking all records, standards and statistics pertaining to CBP questioning on religious and political beliefs and practices, border training programs and disclosure of how the travelers’ information is used.

“We hope … (DHS) will condemn the practice of asking any citizen or legal resident of the U.S. about their religious beliefs, political beliefs and religious practices,” said ACLU staff attorney Nusrat Choudhury. “We also hope that (it) will note the troubling nature of the fact that so many Muslim legal residents or citizens are being asked these kinds of questions.”