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Federal judge rules U.S. no-fly list violates Constitution
(Reuters) - The U.S. government's no-fly list banning people accused of links to terrorism from commercial flights violates their constitutional rights because it gives them no meaningful way to contest that decision, a federal judge ruled on Tuesday. U.S. District Judge Anna Brown, ruling on a lawsuit filed in federal court in Oregon by 13 Muslim Americans who were branded with the no-fly status, ordered the government to come up with new procedures that allow people on the no-fly list to… (www.reuters.com) Plus d'info...Sort type: [Top] [Newest]
There needs to be an administrative process for removal rather than having a protracted court battle, but moreso, there needs to be a notification that you have been placed on it, rather than finding out at the gate.
There is a process already in place to have a person removed from the list through the Department of Homeland Security, the Traveler Redress Inquiry Program (DHS TRIP). Based on the program description at http://www.dhs.gov/dhs-trip, a person who was previously on the list in error will receive a redress number which they will need to provide with future airline reservations. It may take some time but it is definitely not a "protracted court battle."
After skimming the judge's order, I found:
"
As discussed herein at length, the DHS TRIP process does not
provide a meaningful mechanism for travelers who have been denied
boarding to correct erroneous information in the government's
terrorism databases. A traveler who has not been given any
indication of the information that may be in the record does not
have any way to correct that information. As a result, the DHS
TRIP process "entirely fail[s] to consider an important aspect"
of Congress's instructions with respect to travelers denied
boarding because they are on the No-Fly List.
"
In a rather Kafkaesque turn, DHS will not tell a person who has been denied boarding a flight whether or not they are on a 'no-fly' list, much less the reason for their placement there. It makes it kind of hard to explain why they shouldn't be on such a list.
Does DHS declare that a 'no-fly' list exists?
"
As discussed herein at length, the DHS TRIP process does not
provide a meaningful mechanism for travelers who have been denied
boarding to correct erroneous information in the government's
terrorism databases. A traveler who has not been given any
indication of the information that may be in the record does not
have any way to correct that information. As a result, the DHS
TRIP process "entirely fail[s] to consider an important aspect"
of Congress's instructions with respect to travelers denied
boarding because they are on the No-Fly List.
"
In a rather Kafkaesque turn, DHS will not tell a person who has been denied boarding a flight whether or not they are on a 'no-fly' list, much less the reason for their placement there. It makes it kind of hard to explain why they shouldn't be on such a list.
Does DHS declare that a 'no-fly' list exists?
About damn time
ditto
[This poster has been suspended.]
Has a man that flew on a 767 route from Atlanta to London twice a month. He got stuck on the list and it cost him his job, he was a buyer. Finley see him like 4 mos later and was like you been ok not seen you on any of my trips. Cost him 5k to pay an attorney to get back on the nice list.