DOJ reviewing ASU police over hijab removals during protest arrests
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The U.S. Department of Justice is investigating whether Arizona State University police violated the civil rights of four women whose hijabs were removed by officers during their arrest at a pro-Palestinian protest in April.
The big picture: In a September letter, the DOJ's Civil Rights Division informed ASU Police Department interim Chief John Thompson of the joint compliance review with the U.S. Attorney's Office for Arizona.
- The review will determine whether ASU police removed the four women's hijabs, refused to allow them to wear their hijabs while they were detained, and whether the circumstances surrounding those incidents violated federal civil rights laws.
- ABC15 reported that the DOJ is also investigating the Maricopa County Sheriff's Office.
Why it matters: A hijab is a head covering worn by some Muslim women as a symbol of modesty and piety.
- Women who wear hijabs typically remove them only under certain circumstances, such as at home around family members or at all-female gatherings.
Catch up quick: The four women, who have not been publicly named, were among 72 people arrested in April during a pro-Palestinian protest over the Israel-Hamas war at ASU's Tempe campus.
- Attorney Zayed Al-Sayyed, who represents the four women, told The Arizona Republic in May it was likely ASU police who removed the hijabs.
State of play: Christine Stoneman, chief of the Civil Rights Division's federal coordination and compliance section, asked Thompson to provide documentation on ASU police policies on religious attire and complaints regarding religious or national origin discrimination, as well as any such complaints filed against his department.
- She requested the documents within 60 days of receipt of the Sept. 24 letter.
- Stoneman also requested a meeting to discuss the matter and determine the next steps, "which may include coming to an amicable resolution of any potential violations."
- A DOJ spokesperson declined to comment further on the matter.
The other side: "We believe that ASU Police took actions that night consistent with recognized law enforcement practices," ASU spokesperson Jerry Gonzalez told Axios.
- He declined to say whether ASU police have met with the DOJ or turned over the documents federal authorities requested, saying only that the university will cooperate fully with the review.
- "MCSO is fully cooperating with the Department of Justice and confident that we have not violated anyone's civil rights related to this incident," sheriff's office spokesperson Joaquin Enriquez told Axios, saying his agency didn't conduct any arrests and was at the protest to transport people who'd been arrested.
What they're saying: Al-Sayyed declined to comment on what repercussions ASU police should face, but told Axios, "To have a federal agency tell us that a local agency has overstepped the law and has crossed the line, that, in and of itself, is going to be very helpful and I think will be very reassuring that at least we have some sort of checks and balances."
Meanwhile, Al-Sayyed said his clients have filed notices of claim against ASU police and other state and county law enforcement agencies seeking $1 million apiece.
- A notice of claim is a legally required precursor that must be filed before someone can sue a public entity in Arizona.
- Al-Sayyed would not provide copies of the notices, which he said were submitted to ASU police, the Arizona Department of Public Safety, the Maricopa County Sheriff's Office and the Attorney General's Office.
- DPS spokesperson Bart Graves told Axios that, to his knowledge, his agency didn't either.