Protecting Civil Liberties in Our Nation’s Airports

This week the Transportation Security Agency announced a change in security procedures to now include headwear screening policies within the category of bulky clothing. This change came after two months of discussions that I’ve been having with TSA. I hope that this new policy will be more sensitive to different ethnic and religious groups, and will minimize the potential for racial, ethnic, and religious profiling. As Chairman of the Congressional Asian Pacific American Caucus (CAPAC), combating racial profiling continues to be a high priority for me.

Targeting the Turban

TSA guidelines will no longer call out turbans as an object of suspicion. That was the case when TSA changed its standard operating procedures (SOP) for screening headwear in August. The change led to a rash of incidents across the country in which members of the Sikh American community complained they felt harassed or were singled out for secondary screening because of their turbans. Under the new policy, transportation security officers would recommend to all passengers that they remove their headwear. This policy does not single out certain types of headwear for secondary screening.

Religious Sensitivity in Our Airports

Sikh American activists report that the August policy was implemented in some cases with religious insensitivity. For those of the Sikh faith, removing a turban is akin to stripping. In certain cases, travelers were asked to remove their turbans in public, in a humiliating, degrading manner. The new policy would accommodate those with religious, medical, or other reasons for whom removing items is not comfortable. Transportation security officers have several options for screening passengers who choose not to remove bulky clothing, including trace portals, trace detection, pat downs and private rooms where the screening can take place.

The Dangers of Racial Profiling

I first learned the dangers of racial profiling when my family was forced to move to an internment camp because of our Japanese ancestry. In those days, people claimed that the only way to keep America safe was to take precautions against people such as us, because of our skin color. Ever since then, I have been very vigilant against policies that might lead to racial, ethnic, and religious profiling, particularly when the ‘rationale’ to profile is based upon national security.

Especially after September 11, I know the extraordinary challenge that TSA faces to maintain security in our airports. At the same time, our nation was founded on principles of religious tolerance and freedom. The long history of the struggle for civil rights in this country has solidified the value of equal treatment under the law, regardless of race and ethnicity. I have great respect for the principles embedded in our Constitution, and believe that great care must be taken to respect the religious and cultural sensitivities of all Americans, and to ensure that all people are treated with respect in our airports. I have confidence that we can balance, in a sensible manner, the responsibility to guard our homeland and protect our civil liberties.

Working for a change

The announcement of the new standard operating procedure comes one day after my latest conversation with TSA Administrator Kip Hawley. After my discussions with Mr. Hawley, I am thankful for the leadership that TSA has demonstrated to address this issue in a timely manner. The policy is a neutral one that may decrease the risk of profiling against Sikh Americans, while still ensuring the security of our nation’s airports. I look forward to working with TSA to ensure that the policy is implemented in a non-discriminatory and religiously and culturally sensitive manner, and will monitor the implementation of the policy over the coming months to determine if it needs to be revisited.