12 Oct, 2014
VICTORY: U.S. Govt Officially Takes 7 ACLU Clients Off the No-Fly List
PORTLAND, Ore., October 10, 2014, (ACLU media release) – Following a court order, the government today notified seven people who were on the No Fly List that they are cleared to fly.
The six men and one woman are part of an American Civil Liberties Union lawsuit filed in 2010 on behalf of 13 Americans challenging their inclusion on the No Fly List.
A federal judge recently set deadlines ordering the government to notify all of the plaintiffs of their No Fly List status, give reasons to those still on the list, and provide an opportunity for them to challenge those reasons. The first of those deadlines is today, and the government must complete all of the notifications by January 16.
The government has long maintained that it could not tell anyone whether or not they were on the No Fly List or provide reasons for inclusion, claiming that doing so would expose national security secrets, but the court rejected that argument.
“This is a victory for transparency and fairness over untenable government secrecy and stonewalling,” said Hina Shamsi, director of the American Civil Liberties Union National Security Project. “After years of being blacklisted and denied due process, seven of our clients know they can fly again, and the rest will soon be able to fight back against their unjust flying ban.”
Today’s letter from the government informed the seven plaintiffs that they “are not currently on the No Fly List.” One of the plaintiffs notified was Abe Mashal, a U.S. Marine Corps veteran and dog trainer who suffered professionally and personally when he could not travel far from his home in Illinois.
“More than four years ago, I was denied boarding at an airport, surrounded by TSA agents, and questioned by the FBI,” said Mashal. “That day, many freedoms that I took for granted were robbed from me. I was never told why this happened, whether I was officially on the list, or what I could do to get my freedoms back. Now, I can resume working for clients who are beyond driving distance. I can attend weddings, graduations, and funerals that were too far away to reach by car or train. I can travel with my family to Hawaii, Jamaica, or anywhere else on vacation. Today, I learned I have my freedoms back.”
In June, U.S. District Court Judge Anna Brown struck down as unconstitutional the government’s system for people to challenge their inclusion on the No Fly List, calling the procedures “wholly ineffective” and a violation of the Fifth Amendment’s guarantee of due process. The judge ordered the government to provide meaningful redress, and in August the government publicly committed to reforming the entire redress system.
“The opportunity that the plaintiffs in our case are finally getting to clear their names should be available to everyone on the No Fly List as soon as possible,” said Shamsi.
According to leaked documents published by The Intercept, there were more than 47,000 people on the No Fly List as of August 2013, including 800 Americans. Their only recourse is to file a request with the Department of Homeland Security’s Traveler Redress Inquiry Program (DHS TRIP). However, DHS only responds with a letter that merely confirms the request was received and reviewed. The letter does not confirm or deny whether their names are on the No Fly List, explain why they were denied boarding, or indicate whether they can fly.
The documents also showed that in August 2013, there were 680,000 people on the government’s master terrorism watch list; even according to the government’s own records, 280,000 of them have no affiliation with a recognized terrorist group.
The ACLU has criticized the government’s broader terrorism watchlisting system, which includes the No Fly List, as overbroad and an ineffective waste of resources that uses racial and religious profiling instead of hard evidence of actual wrongdoing.
Today’s government filing is at: https://www.aclu.org/sites/default/files/assets/no_fly_letter.pdf
A Great Day for Seven Americans Formerly on the No-Fly List
An extraordinarily secret government blacklist just got a little bit less secret.
Seven American citizens who were banned by the government from air travel received word yesterday evening that they are cleared to fly. For them, the notice ends a years-long struggle to find out why they were blacklisted and clear their names. As of last night, the seven can finally make plans to visit family, travel for work, and take vacations abroad.
The seven – six men and one women – had been on the government No Fly List, which prevented them from flying to, from, and over U.S. airspace. Even after they were surrounded by TSA agents at the airport and questioned by the FBI, the government refused to officially confirm that they were included on the list. They were also never provided reasons for being banned from air travel, or given a meaningful opportunity to contest the ban. In short, our clients have been locked in a fight to regain their freedoms with virtually no information.
The notice that the seven are “not currently on the No Fly List” came after a federal court last week set deadlines for the government in the ACLU’s challenge to the No Fly List. The court ruled that the government must notify our clients of their status on or off the No Fly List, give reasons to those still on the list, and provide an opportunity for them to challenge those reasons. The first of those deadlines was yesterday, and the government must complete reconsideration of the remaining cases by January 16.
These deadlines follow a June ruling by federal judge, striking down as unconstitutional the government’s procedure for challenging inclusion on the No Fly List.
Yesterday’s milestone isn’t only significant for the seven American citizens who can finally resume their lives. It also makes clear to the six other clients in the case that they’re still banned from flying. And while that may not seem like good news, it’s the first time the government has confirmed – albeit through negative implication rather than a direct confirmation – that people are on the No Fly List. It’s also a very basic victory for due process, because under our Constitution, the government can’t watchlist people and deny them basic freedoms without then telling them they’re blacklisted and why.
Our client Abe Mashal had this response:
More than four years ago, I was denied boarding at an airport, surrounded by TSA agents, and questioned by the FBI. That day, many freedoms that I took for granted were robbed from me. I was never told why this happened, whether I was officially on the list, or what I could do to get my freedoms back. Now, I can resume working for clients who are beyond driving distance. I can attend weddings, graduations, and funerals that were too far away to reach by car or train. I can travel with my family to Hawaii, Jamaica, or anywhere else on vacation. Today, I learned I have my freedoms back.
Our clients have been living in limbo for years, without the ability to challenge a secretive government system that has dramatically curtailed their freedoms. While yesterday’s notice is long overdue and doesn’t make up for the burdens our clients have long endured, it is good news for the seven who can fly again. And the others look forward to finally receiving from the government its reason for watchlisting them, so they can correct errors or innuendo and clear their names.
For the first time ever, the unfair and unnecessary secrecy regime surrounding the No Fly List is beginning to crumble.
The government has committed to revamping the No Fly List redress process more broadly. We expect it to make good on its word and move quickly to give everyone else on the list the opportunity to clear their names.
Learn more about the no-fly list and other civil liberties issues: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook.
More information on the case is at:
https://www.aclu.org/national-security/latif-et-al-v-holder-et-al-aclu-challenge-government-no-fly-list
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