DOJ investigates hijab removal during ASU protest arrests

On By Pranco

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The Justice Department has launched an investigation into the removal of headscarves from women arrested during pro-Palestinian protests held on the campus of Arizona State University in Tempe in late April.

A letter dated Oct. 2, addressed to Phoenix attorney Zayed Al-Sayyed, informed him that the DOJ and the U.S. Attorney’s Office for the District of Arizona had initiated a compliance investigation to determine whether his clients’ federal civil rights had been violated by the Arizona . State University Police and Maricopa County Sheriff’s Office.

The letter states that the investigation will assess whether either agency committed discrimination on the basis of religious or national origin when his four clients had their religious head coverings removed during their arrest in the early hours of April 27 on Alumni Lawn, located across from Old Main near College Avenue. and University Drive.

“We appreciate your clients’ willingness to speak with us and will contact you if additional information or clarification is needed,” said the letter signed by Christine Stoneman, chief of the DOJ-Civil Federal Coordination and Compliance Division department.

Under the direction of the sheriff’s office, officers scattered protesters who gathered on the university’s just over 5-acre lawn, an area where prosecutors say camps are prohibited.

“MCSO is cooperating fully with the Department of Justice and is confident that we have not violated anyone’s civil rights in connection with this incident,” a spokesperson for the sheriff’s office shared with The Arizona Republic.

ASU ‘will fully cooperate with the (DOJ) review’

A spokesperson for the university provided The Republic with a statement saying: “ASU has been notified by the DOJ of the review. We believe that ASU Police took action that night in accordance with recognized law enforcement practices. The university will fully cooperate in the assessment.”

Protesters called for the divestment of ASU from Israel, the resignation of ASU President Michael Crow, the restoration of suspended left-wing student group MECHA the ASUand the abolition of the police. The protest was part of a nationwide wave of university demonstrations sparked by the war between Israel and Hamas. Similar protests took place at Northern Arizona University in Flagstaff and the University of Arizona in Tucson.

Al-Sayyed’s clients, three of whom were ASU students when they were arrested, are among 68 people charged with third-degree trespassing, which is a Class 3 felony. Maricopa County Attorney Rachel Mitchell announced her intention to prosecute on October 9.

‘The right to freedom of expression does not extend to breaking the law’ Mitchell said in a statement at the time. “My office now plays an equally important role in holding these people accountable for their actions.”

Their arraignment is scheduled for Monday, Al-Sayyed told The Republic on Friday. He acknowledged that the court date fell one day before Election Day, when Mitchell was running for re-election.

“The public prosecutor has made a public statement about crimes at the lowest level in our state,” Al-Sayyed said.

In an interview with The Republic Days after the arrest, Al-Sayyed noted that many Muslim women wear the hijab as an expression of modesty, privacy and piety. He compared the officers’ actions to removing the tops and pants of women who do not wear a hijab. The lawyer also stated that the women were detained and searched by male officers, even though there were female officers present.

“Every woman begged and pleaded and said, ‘Please, no.’ and tried to explain the importance of the hijab to their faith, Al-Sayyed told The Republic at the time “They tried to look for humanity in these officers, but no.”

Al-Sayyed said his clients were taken into custody, held in prison without head coverings for 15 hours and released after more than 24 hours.

ASU has yet to confirm whether their officers have arrested Al-Sayyed’s clients.

Al-Sayyed stated that the DOJ has since investigated the incident a video from April 29initially posted on

The Arizona chapter of the Council on American-Islamic Relations (CAIR-AZ) said in a news release Thursday that the civil rights and advocacy organization has met with the DOJ several times about the incident involving hijab-wearing women.

“We are hopeful that this investigation will lead to a change in ASU police policy, allowing individuals to keep their religious items on during processing.” read a statement from CAIR-AZ.