2nd Circuit OK's Border Policy Targeting Attendees At Muslim Conference

In Tabbaa v. Chertoff, (2d Cir., Nov. 26, 2007), the U.S. 2nd Circuit Court of Appeals rejected a challenge brought by several Muslim U.S. citizens to the border inspection policy implemented by the U.S. Bureau of Customs and Border Protection (CBP). Plaintiffs had attended a Reviving Islamic Spirit (RIS) Conference in Canada and, upon their return to the U.S., had been detained for several hours, questioned, searched and photographed. The court rejected plaintiffs' claims that their religious freedom rights under the First Amendment and RFRA were violated by the CBP policy, and that their associational rights were violated by CBP's targeting of individuals who attended the RIS Conference. The court concluded that the searches and detention of plaintiffs furthered a compelling governmental interest in preventing terrorism, and the fingerprinting and photographing involved were the least restrictive means of furthering that interest. The court also rejected arguments that CBP had exceeded its statutory authority and had violated the 4th Amendment's prohibition of unreasonable searches and seizures. (See prior related posting.) The AP yesterday reported on the decision. [Thanks to Steven C. Sheinberg for the lead.]