UNITED SIKHS To Meet with DHS on Violation of Religious Rights of Sikhs held in Yuma, AZ Facility

August 8, 2022

Fresno, California

On August 3, 2022, UNITED SIKHS wrote to the United States Department of Homeland Security (DHS) regarding the violation of the religious rights of Sikhs held in custody at the U.S. Customs and Border Protection (USCBP), Yuma, AZ facility.  

There were allegations that CBP officers were  discarding the turbans of Sikhs in their custody and UNITED SIKHS is investigating.  In the past, UNITED SIKHS called attention to similar violations in CPB facilities.  Those complaints involved the CBP failure to provide religious accommodations to Sikhs and Muslims by failing to serve vegetarian and or religiously appropriate meals to these persons held in their custody.  

“These are not mere frivolous rights,” states Wanda Sanchez Day, UNITED SIKHS National Legal Director.  “The founders of the U.S.’ system of laws understood the immense importance of religion and described the government’s obligation to provide reasonable accommodation of religious observance and practices in all government activities.  In this letter we wanted to communicate to the federal government that UNITED SIKHS is willing to train peace officers on Sikhism in Yuma as we have done in the past so that all employees at all levels have information with which to make the right decisions. We reiterate that upholding religious rights for those held in CBP facilities is as important as upholding them for everyone and anywhere in this country.”

In a Memorandum For All Executive Departments and Agencies, dated October 6, 2017,  the U.S. Department of Justice (DOJ) stated specifically that “Religious liberty is a foundational principle of enduring importance in America, enshrined in our Constitution and other sources of federal law. As James Madison explained in his “Memorial and Remonstrance Against Religious Assessments,” the free exercise of religion […] is in its nature an unalienable right […] because the duty owed to one’s Creator is  […] precedent, both in order of time and in degree of obligation, to the claims of Civil Society […].  Religious liberty is not merely a right to personal religious beliefs or even to worship in a sacred place.   It also encompasses religious observance and practice. Except in the narrowest circumstances, no one should be forced to choose…”. In this case,  between living out his or her faith while under custody of the law.

“Government must to the greatest extent practicable and permitted by law accommodate religious practices,” states Mr. Gurpreet Singh, UNITED SIKHS CEO.    “We as civil and human rights community advocates are responsible for ensuring that we help preserve this important right for ourselves and for everyone.”

The fact that Turban is sacred is also acknowledged in DHS’s guideline, which is available here FEMA Religious and Cultural Literacy and Competency Tip Sheet: Sikh Leaders. Page 2 of the guideline reads: “Headdress: The Sikh turban (dastar) is a crown of commitment and dedication to serve all humanity. It is an article of faith that represents honor, self-respect, courage, spirituality, and piety. Sikhs also wear the turban partly to cover their long, uncut hair (kesh).”

The purpose of the letter was to  request an immediate investigation into the conduct of the individuals employed at the DHS Yuma facility.  We are informed that an investigation is being conducted. UNITED SIKHS also demanded that immediate restoration of religious articles of faith and staff is available to assist with immediate, effective, additional training of all CBP personnel.  

A meeting with UNITED SIKHS and DHS senior officials will take place this week.  “We responded to the plight of our brothers in Yuma because we must ensure the rule of law is followed, especially in CBP facilities where persons held in government custody are often powerless to speak out for themselves,” states Mr. Gurpreet Singh.  

Our work advocating for our communities and for Sikhs in general is possible with your support.
Thank you.  

UNITED SIKHS

Manvinder Singh

Director of Advocacy