A federal judge has ruled that the procedures for the no-fly list were unconstitutional:
The federal government bars people on the list from boarding flights in the United States or flying through American airspace.
That case was brought by 13 people who had been prevented from boarding flights and had submitted requests to the Department of Homeland Security’s Traveler Redress Inquiry Program without success.
In a 65-page ruling, Judge Anna J. Brown of Federal District Court for the District of Oregon said that the procedures for reviewing whether it was appropriate to put someone’s name on the list were inadequate and violated Americans’ Fifth Amendment right to due process.
Judge Brown wrote that the redress procedures were “wholly ineffective” and created a “high risk of erroneous deprivation” of the plaintiffs’ rights, leaving them potentially “doomed to indefinite placement on the no-fly list,” in violation of the Fifth Amendment.
For example, Rahinah Ibrahim was put on the list because the wrong box on a form was checked and was kept on the list because the FBI didn’t want to admit they made a mistake. That’s government secrecy at work. The amazing/terrifying thing about the list is that it expanded to more than 500,000 people after 9/11 and it took six years before the screeners started checking the list to find people who were put on the list by mistake and to allow people a process to get off the list.