The Department of Homeland Security has opened an investigation into the federal government’s use of a little-known law to disproportionately prosecute and jail migrants from Muslim-majority countries.

A Times investigation published late last month revealed the disproportionate nature of the prosecutions

in Del Rio, Texas.

The Department of Justice Handbook for U.S. Attorneys says that a person’s race, religion, sex, national origin or political affiliation, activities or beliefs should not influence a prosecutor’s decision to initiate or recommend prosecution or other action to take against a person.

Over an 18-month period beginning in late 2021, federal prosecutors in Del Rio filed charges

more than 200 migrants under US 19 1459, a rarely used law that requires people entering the United States to do so at a checkpoint and report to a customs office. Migrants from Muslim-majority countries make up a small percentage of people crossing the southern border without permission. But more than 60% of the migrants del Rio prosecutors charged during that period came from Muslim countries.

The investigation is being led by the Homeland Security Office

by

for civil rights and civil liberties. Because the agency has no jurisdiction over the Justice Department, the investigation will focus on whether U.S. Customs and Border Protection referred migrants for the prosecution of people from Muslim countries who are disproportionately targeted.

CRCL has opened a complaint investigation regarding allegations that CBP’s referrals of non-citizens for criminal prosecution under 19 USC 1459 target individuals from Muslim-majority countries. CRCL cannot provide any further information at this time as the investigation is ongoing, a department spokesperson said in a statement.

The Times report was met with concern by civil liberties advocates and politicians.

Discriminatory practices not only erode the moral fabric of a society, but also tarnish a country’s reputation on the world stage. “We call on federal authorities to investigate this alleged discriminatory treatment, hold those responsible accountable and correct these unjust practices,” Corey Saylor, advocacy director for the Council on American-Islamic Relations, said in a statement.

The group appealed to the Justice Department’s inspector general for civil rights

office to start its own investigation

the persecutions.

A department spokesperson declined to comment on the case.

Democratic

Rep. Ilhan Omar (D-Minn.) had also called for an investigation this month.

The Biden administrator must fully investigate these discriminatory practices by border authorities, she wrote on X, the platform formerly known as Twitter.

Federal officials have denied this

explain what led to the increased persecutions.

Del Rio’s prosecutions under the little-known law appeared to end shortly after The Times presented government officials with preliminary data. Since then, federal authorities in Del Rio have prosecuted more than 50 people for the more commonly charged crime of illegal entry. These prosecutions still appear to disproportionately affect migrants from Muslim countries, with approximately 50% of those charged coming from Muslim countries.

Homeland Security’s Civil Rights Office regularly conducts internal investigations based on complaints filed by the public about the department’s policies or activities, or actions taken by department personnel, the website said. The agency has previously investigated the detention of Iranian Americans at the U.S.-Canada border in 2020 and has conducted many investigations into conditions under Immigration and Customs Enforcement.