In
Cherri v. Mueller, (ED MI, June 11, 2013), a Michigan federal district court permitted four Muslim-Americans to proceed with their suit against federal officials. The suit charges that when Muslims re-enter the United States from Canada, they are extensively questioned about Islamic religious philosophy and views, practices, and locations where they worship. According to the court:
This case presents an issue of first impression.... In short, the question before the Court is whether the Government has unfettered discretion to question at the border a specific class of individuals about their religious practices and beliefs after being profiled and detained solely because of those religious practices and beliefs.
After finding that plaintiffs have standing to challenge the government practice, federal district judge Avern Cohn dismissed their free exercise, RFRA, Establishment Clause and retaliation claims. However he found that plaintiffs had adequately stated a claim under the equal protection component of the 5th Amendment:
Plaintiffs have adequately pled that Defendants have a policy, custom and practice of questioning only Muslim American’s at the border about their religious practices and beliefs. Moreover, Plaintiffs have sufficiently alleged that such policy, practice and custom targets a suspect class and has no rational basis. At this stage in the case, Plaintiffs’allegations are sufficient. The Fifth Amendment claim, therefore, will not be dismissed.
The
Detroit Free Press reports on the decision. (See
prior related posting.)
