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Policy change stems from two separate 2018 lawsuits filed against the NYPD in which four Muslim women claimed their civil liberties were violated when they were allegedly forced by officers, some in front of men, to remove their hijabs to take pictures.
Laila Ibrahim, one of the women who complained, was arrested in 2018 and asked to remove her hijab for the booking photo, but Ibrahim, who speaks limited English, said she had tried to ‘explain that she could not due to religious restrictions. .
Ibrahim told CNN she was refused a translator request because it was deemed unnecessary, and an officer then forcibly removed her hijab and took a picture of her in a public room full of men .
Speaking through a translator, Ibrahim told CNN she felt humiliated and frustrated.
“(The) hijab is part of someone’s identity,” she says. “Without it, I’m missing part of my skin and body.”
Ibrahim said she hopes the department’s new policy will mean the NYPD will respect people’s right to their religious beliefs and not violate or oppress them.
Change considered a “ significant step ”
The NYPD will always remove these religious headgear temporarily when searching for weapons and contraband. This abduction and search will be carried out in a private area by an officer of the same sex.
For the reservation photo, religious headgear may be retained unless it is reasonably suspected that the arrested person has a distinguishing feature of investigative value that is not fully visible, such as hair color or birth marks.
Those arrested may also be required to remove their headgear during photos if there is a reasonable suspicion that the person was not wearing one when the crime took place outside of their residence, CNN told CNN NYPD spokesperson Detective Sophia Mason.
These uncovered photos will be taken privately by an officer of the same sex, Mason said.
Afaf Nasher, executive director of the New York branch of the Council on American Islamic Relations-New York, said the organization welcomed the change in the NYPD.
“For Muslim women who wear a hijab, this is a significant step in recognizing that they do not lose their religious freedom even when detained by police,” Nasher said in a statement.
Yet, she said, the new policy should not have required two and a half years of litigation.
“Until we see a change in the NYPD that shows a willingness to implement reform that respects everyone’s rights, there will be no victory celebration. Instead, organizations like CAIR -NY will continue to demand change and courageous women like those who brought this challenge will continue to inspire them, ”said Nasher.
New policy balances rights and needs of police, lawyers say
Lawyers on either side of the dispute said the policy change properly balanced religious and civil rights with the needs of the police.
Patricia Miller, head of the New York Legal Department’s special federal litigation division, said the policy change was “good reform” for the NYPD.
“It carefully balances the department’s respect for firmly held religious beliefs with law enforcement’s legitimate need to take arrest photos, and should set an example for other police departments across the country,” Miller said. in a statement to CNN.
Andrew Wilson, a lawyer representing plaintiffs Jamilla Clark and Arwa Aziz in one of the two trials, praised the policy change in an interview with CNN.
“This policy recognizes that asking someone to remove their religious head covering while in detention is tantamount to asking a secular person to take off their shirt or pants,” Wilson said. “These are clothes that are worn out of respect for a religious practice and as an expression of modesty”.
“I think this policy respects that as much as possible while ensuring that the fundamental concerns of the city are met,” he continued.
As part of the new guidelines, the NYPD is also to require district courts to provide a private space to search or photograph those arrested, train officers on the new guidelines, and provide annual documentation to the plaintiff’s council for three years on each. where a religious leader’s coverage is removed, in accordance with the settlement agreement reached on November 5.
The settlement does not prevent plaintiffs from seeking other pecuniary claims against the NYPD or the city. It also clarifies that the NYPD and other agents named in the lawsuit deny “any responsibility” and further deny that they have or currently engage in practices that deprive individuals of the legal protections afforded by federal and state laws. .
“We want to make the NYPD as diverse as possible, and I think that’s going to help us a lot,” NYPD commissioner James O’Neill said at the time.
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