National security exceptions legally override anti-discrimination protections for Muslims

Evidence

American Civil Liberties Union (ACLU) National Legal Director David Cole has referred to these forms of persecution as the “new McCarthyism.” While the Cold War persecuted Communists in the United States, the war on terror targeted racialized subjects. … Put simply, the FBI is legally permitted to racially profile Muslims, though it does not use that term. While federal law around anti-discrimination prevents profiling Muslims simply because they are Muslims, national security can be used to override these protections. Thus, it is legal to assume that a devout Muslim from a Middle Eastern country is linked to terrorism. — Deepa Kumar, Islamophobia and the Politics of Empire, 564

Categorization

  • XREF: Builds on earlier claim that national security law legally overrides protections against racial profiling of Muslims. — connects to: Courts shifted from protecting aliens to endorsing state employment discrimination against them — John Higham, Strangers in the Land: Patterns of…, 1087; Federal contractor guidelines permit antidiscrimination violations under sincere-belief claims — Katherine Stewart, The Power Worshippers: Inside the…, 948; Government profiling rules exempt national security and stay nonbinding — Sahar F. Aziz, Sticks and Stones, the Words That Hurt:…, 93 (+3 more)
  • corroborated: 2 independent passages support this claim — Deepa Kumar, Islamophobia and the Politics of…, 564