Raza v. City of New York: Policing and Surveillance

For years, Muslim communities in New York suspected that they were being watched by the New York City Police Department (NYPD). After the Associated Press confirmed these suspicions, CLEAR organized with communities across New York to build a strategic response to the NYPD’s surveillance program. In addition to providing rights-awareness training in mosques, Muslim Student Associations, and community centers, students and attorneys in CLEAR worked with communities to develop an affirmative litigation strategy that would complement the documentation and advocacy work ultimately embodied in our Mapping Muslims report.

Alongside the American Civil Liberties Union, the New York Civil Liberties Union, and the law firm of Morrison & Foerster LLP, CLEAR filed suit in federal court on behalf of religious and community leaders, mosques, and a charitable organization who were swept up in the NYPD’s dragnet. The courageous plaintiffs were all prior CLEAR clients or partners. The suit, Raza v. City of New York, sought systemic reforms to prevent law enforcement abuses. The case charged that the NYPD violated the U.S. and New York State Constitutions by singling out and stigmatizing entire communities of New Yorkers based on their religion.

Ultimately, a federal judge approved and ordered a number of revisions to the rules constraining NYPD surveillance as part of a settlement agreement in Raza. The court-ordered reforms include a robust anti-religious discrimination policy, time limits on investigations and higher thresholds for certain levels of investigation, a limitation on the use of undercover officers and informants, and the appointment of an outside civilian representative to ensure all safeguards are followed and enforced.

Since the settlement was implemented, New York Mayor Bill De Blasio appointed former federal judge Stephen R. Robinson as the first Civilian Representative. CLEAR has continued to participate in community organizing around the position of the Civilian Representative, including in community meetings with Judge Robinson.

In 2018, per the settlement agreement, the Civilian Representative released his first annual report. The report’s findings demonstrated the importance of the Civilian Representative position.

CLEAR continues to work and organize with partners to maximize the efficacy of the Civilian Representative’s role.

PRESS:

“A Way To Control Police Spying”, New York Times, 03/15/2017, VIEW

“After Spying On Muslims Police Agree To Greater Oversight”, New York Times, 03/06/2017, VIEW

“Muslim New Yorkers Now Have Someone Watching the Cops Who Watch Them”, WNYC News, 07/12/2017 VIEW

“Civil Liberties Groups File Lawsuit Over NYPD Surveillance Of Muslims," The Guardian, 06/18/2013, VIEW

KEY DOCUMENTS:

Complaint, Raza v. City of New York (June 18, 2013)

Settlement Press Release, Raza v. City of New York (March 6, 2017)

Stipulation of Settlement, Raza v. City of New York (March 20, 2017)

Revised Handschu Guidelines, Raza v. City of New York (March 13, 2017)

First Annual NYPD Civilian Representative Report (June 7, 2018)