KNOW YOUR RIGHTS

For Arab, Middle Eastern

Communities,
Muslim and South Asian
Communities

• HEADSCARF
• RIGHTS AT AIRPORT,
AND THE U.S. BORDER
• HATE CRIMES

Toll Free Number:

408-261-6405
www.parsequalitycenter.org
 RIGHT TO WEAR A
HEADSCARF
• Airport: If TSA asks you to remove it, tell the
officer you have the right to wear it. If the alarm goes off, a
TSA officer may do a pat down or ask you to remove it; you
can request a woman take care of this in a private area or that
you want to pat it down yourself in front of an officer (this
may require screening of your hands for chemical residue).
Additional screenings cannot be done based solely on
your race, national origin, religion, gender, ethnicity, or
political beliefs.
• In public schools: If the school allows any other types of
head coverings, the school must allow your headscarf as
well. Sometimes, the school must allow you to wear your
headscarf even if others are not allowed, depending on the
specific circumstances.
• In the workplace: Unless it causes safety or other major
problems, an employer must allow you to wear your head-
scarf.
• Public places that provide lodging, food, or entertainment
cannot turn you away because of a headscarf, or demand that
you remove it.
AIRPORT AND BORDER RIGHTS

• Even if you are a U.S. citizen, Customs and Border Patrol

(CBP) has the right to stop you and/or hold you in secondary
inspection.
• CBP is even determining the admissibility of someone
with a valid visa.
• Individuals do NOT have the same 4th Amendment rights
at the borders. Therefore, “reasonable suspicion” or
“probable cause” of criminal or other activity is not needed
to search anyone.
• U.S. citizens can request an attorney if questioned
generally.
• If you are a legal permanent resident or valid visa holder,
you are not entitled to speak to an attorney unless you are
being questioned about a criminal matter or something
unrelated to immigration status.
• If, however, questioning goes beyond basics, such as
travel and what you are bringing into the country, generally
non-U.S. citizens would be entitled to speak with an
attorney.
• A legal permanent resident cannot have his/her green card
taken away and be kept from entering, unless he or she has
committed a serious crime. Generally if a non-criminal issue
arises such as abandonment of residency, the permanent resi-
dent has a right to enter the country and have a
hearing before an immigration judge at a later date.
• All people and luggage may be searched.
• You must declare items and if something is not
permissible, it will be confiscated.
• Anyone’s laptop, phones or electronic devices may be
searched.
• It is still unclear if social media information must be given
to border agents, but it appears CBP may have the right to ask
for such information.
• The government can look through your electronic data and
even copy data, although this is also somewhat a gray area
where some argue criminal wrongdoing must be first sus-
pected.
• If a U.S. citizen denies access to such electronic data, they
may be delayed, but eventually let back in the country.
• A legal permanent resident also will eventually be
allowed to enter, although they may face a hearing at a later
date.
 HATE CRIMES

A hate crime is directed against a person or property that is

motivated by the victim’s race, ethnicity, national origin,
religion, gender, sexual orientation, gender identity, or
disability. These incidents have been on the rise recently, in
particular, in Middle Eastern communities.

If a hate crime is happening:

• Walk away if possible, do not engage.
• If possible document the incident.
• If you are being followed, drive or walk to a safe public
space, or if possible to the nearest police station.
• Report the incident to the police and contact Pars Equality
Center (408-297-6700) for further guidance.
 San Jose Center

1635 The Alameda

San Jose, CA 95126
(408) 261-6405
Fax: (408) 261-6401

Los Angeles Center

4954 Van Nuys Blvd.

Suite 201
Sherman Oaks, CA 91403
Phone: (818) 616-3091
Fax: (818) 616-3092
The contents of this booklet are informational and not meant to
constitute legal advice. Consult an attorney for legal advice.
These materials are provided by Pars Equality Center supported
by The County of Santa Clara and Office of Immigrant Relations.