Kariye v. Mayorkas

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Kariye v. Mayorkas, No. 2:22-CV-01916 (C.D. Cal., filed Mar. 24, 2022); No. 23-55790 (9th Cir., filed Sept. 19, 2023)

On March 24, 2022, the ACLU, ACLU Foundation of Southern California, and ACLU of Minnesota filed a lawsuit on behalf of three Muslim Americans, Abdirahman Aden Kariye, Mohamad Mouslli, and Hameem Shah, who have all been subjected to intrusive questioning from U.S. Customs and Border Protection (CBP) and Homeland Security Investigations (HSI) officials about their religious beliefs, practices, and associations in violation of their First and Fifth Amendment rights. On multiple occasions when the three plaintiffs returned home from abroad, these border officers asked them inappropriate religious questions, including whether they are Muslim, whether they attend a mosque, which mosque they attend, whether they are Sunni or Shi’a, and how often they pray. Border officers then retain the answers in a law enforcement database for up to 75 years.

In the lawsuit, plaintiffs argue that this questioning by both CBP and HSI violates their First Amendment freedoms of religion and association, as well as the Religious Freedom Restoration Act (RFRA). In addition, because CBP and HSI specifically single out Muslim Americans for this questioning, the lawsuit alleges violations of the First and Fifth Amendments’ protections against unequal treatment on the basis of religion. Plaintiffs are seeking a declaration that border officers’ religious questioning violates the Constitution and RFRA, as well as an injunction barring CBP and HSI from questioning about their faith at ports of entry. The suit also seeks expungement of records reflecting information that border officers obtained about plaintiffs through their unlawful questioning.

On May 31, 2022, defendants filed a motion to dismiss, which the court granted without prejudice. Plaintiffs filed an amended complaint on November 14, 2022. On December 27, 2022, Defendants filed a motion to dismiss the amended complaint. On July 19, 2023, the district court granted the motion to dismiss and dismissed the claims without prejudice, with leave for plaintiffs to amend the complaint. On September 18, 2023, plaintiffs filed their notice to appeal to the Ninth Circuit. Oral argument was held on September 12, 2024. On October 4, 2024, the Ninth Circuit determined that appellants/plaintiffs could establish standing for the First Amendment Free Exercise and Free Association claim, Fifth Amendment due process right to equal protection claim, and Religious Freedom Restoration Act claim based on a policy or pattern of discrimination. As a result, the court vacated and remanded the district court’s judgment on appellants/plaintiffs based on the government conceding a court could find standing and allow for further determination of standing. Back at district court, defendants filed their answer to the amended complaint, and the case is now in discovery, which was stayed during the federal government shutdown and has resumed as of November 17, 2025

Documents:

Counsel: ACLU Foundation of Southern California; ACLU Foundation; American Civil Liberties Union of Minnesota

Contact:
Mohammad Tajsar, ACLU Foundation of Southern California | mtajsar@aclusocal.org

Press:
● Sarakshi Rai, ACLU Sues DHS, Says Muslim American Questioned About Faith at Border, The Hill, Mar. 24, 2022.
● Minnesota Imam on Intrusive Religious Questioning by CBP, ACLU MN, Mar. 24, 2022.