The San Francisco Bay Area office of the Council on American-Islamic Relations (CAIR-SFBA) today welcomed the Santa Clara County (SCC) Sheriff’s office new policy to allow Muslim women to wear headscarves, also known as hijabs, while in custody.
The new policy states, “Inmates who practice a religion that requires particular modes of dress, garments, headgear, etc., other than standard-issue clothing, will be accommodated subject to the compelling government interest in maintaining facility security, including identifying inmates and detecting contraband.”
SEE: Santa Clara County Sheriff’s Office Policy 1016 – Religious Programs
This policy change follows a complaint filed by CAIR-SFBA on behalf of a Somali Muslim woman who was forced to remove her headscarf by the SCC Sheriff’s office in early 2021. The woman initially contacted 9-1-1 to report a domestic dispute but was taken into custody at Elmwood Correctional Facility in Milpitas. Once at the jail, SCC Sheriff’s deputies forcibly removed her hijab during the process of obtaining booking photos. Despite stating that her headscarf was required for religious reasons, it was never returned to her, and she resorted to using a T-shirt to cover her head.
CAIR-SFBA immediately urged the sheriff’s department to change its policy to allow Muslim women to wear their hijabs while detained. In the days following the incident, CAIR-SFBA also mobilized hundreds of local Muslims and allies to reach out to the Sheriff’s office, requested an apology for the woman, and insisted the office host staff trainings to ensure another event like this would not occur.
SEE: CAIR-SFBA urges the Santa Clara County Sheriff’s office to change policy after Muslim woman is stripped of her headscarf.
SEE: CAIR demands changes after Muslim woman was deprived of head covering in Santa Clara County jail.
“We commend the county for taking this important step to protect religious liberty and ensure that individuals of all faiths will be treated with respect,” said CAIR-SFBA Civil Rights Attorney Jeffrey Wang. “Moving forward, we hope more local jurisdictions will implement similar policies and respect an individual’s right to wear religious head coverings.”