Muslim Americans File Brief Challenging Religious Discrimination in U.S. Supreme Court Case FBI v. Fazaga


At stake is whether the U.S. Government can escape accountability for secretly spying on Americans due to their religious beliefs.

September 21, 2021

LOS ANGELES, CA – Today, the Center for Immigration Law and Policy at UCLA School of Law, the ACLU and the ACLU of Southern California, filed a brief on behalf of the Plaintiffs in the U.S. Supreme Court in FBI v. Fazaga. The Court will decide whether the U.S. Government will have to defend itself against charges that it secretly spied on Americans who practice Islam based on their faith—in violation of federal law—or whether the Government can escape any accountability for these abuses in court.

Statement from Sheik Yassir Fazaga, Plaintiff in FBI v. Fazaga: 

“As the Imam of the Orange County Islamic Foundation, I worked diligently to establish trust between my community and the U.S. Government after the horrifying attacks of September 11 more than twenty years ago. I invited the FBI to speak with the members of my Mosque. They looked us all in the eyes and assured us unequivocally that they were not spying on us. We trusted them. But they lied, and our sacred community was shaken to its core. I hope and pray the Supreme Court will allow us to hold them accountable for treating people who practice Islam as second-class citizens.” 

Statement from Ali Malik, Plaintiff in FBI v. Fazaga: 

“I was in my early twenties when I learned that my own government was spying on me and attempting to entrap me because of my religion. I felt deeply betrayed and sad. I also did not understand how the U.S. government could get away with violating a right I knew was guaranteed to all of us by our Constitution. I decided to hold my government accountable for what it did to us. Fifteen years later, I’m a grown man with children who wonder why their dad is suing their government. I tell them the truth: that while this happened before they were born, the impacts of this case will extend even beyond their generation. That I’m doing this for their children, and for all other Americans who believe the most patriotic thing someone can do is to fight for the Constitution, so that all Americans can be protected by it.” 

Statement from Ahilan Arulanantham, Counsel of Record in FBI v. Fazaga and Faculty Co-Director of the Center for Immigration Law and Policy: 

“The men I represent, Sheik Yassir Fazaga, Ali Malik, and Yasser AbdelRahim, deserve their day in court. The FBI spied on them because of their religious beliefs. That is unconstitutional. Instead of allowing them their day in court, the same administration that ended the ‘Muslim Ban’ on its first day is now trying to escape accountability for blatant religious discrimination. It’s a deeply disturbing position for this Administration to take, and one we hope the Supreme Court will reject.”


Founded in 2020, the Center for Immigration Law and Policy (CILP) at the UCLA School of Law expands the law school's role as a national leader in immigration law and policy, generating innovative ideas at the intersection of immigration scholarship and practice and serving as a hub for transforming those ideas into meaningful changes in immigration policy. 

Follow CILP on Twitter @UCLAImmigration, or sign up for additional news at bit.ly/CILPnews.

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