Jailhouse Islamophobia: Anti-Muslim Discrimination in American Prisons

Abstract

The post 9/11 surge in America’s Muslim prison population has stirred deep-seated fears, including the specter that American prisons will become a breeding system for “radicalized Islam.” With these fears have come restraints on Muslim religious expression. Mistreatment of Muslim prisoners violates the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), which Congress passed in part to protect prisoners from religious discrimination. Despite RLUIPA, prisoners still face the same challenge that preceded the legislation. Ironically, while Congress directed courts to apply strict scrutiny to these cases, the courts continue to reject most claims. One reason is that many courts are applying a diluted form of the legal standard. Indeed, the “war on terror” has justified increasing deference to prison administration to the detriment of incarcerated Muslims and religious freedom.