No-Fly List

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The Constitution Applies When the Government Bans Americans From the Skies

By Nusrat Choudhury, Staff Attorney, ACLU National Security Project & Hina Shamsi, Director, ACLU National Security Project at 2:58pm

The government does not have the unchecked authority to place individuals on a secret blacklist without providing them any meaningful...

The TSA’s First 11 Years

By Jay Stanley, Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 12:21pm

November 25 marked the 10th anniversary of the signing of the Homeland Security Act, which created the sprawling Department of Homeland Security. Included in this new behemoth agency was another agency that had been created a year earlier, the Transportation Security Administration. It’s worth taking a look back at the short history of this agency.

The first and biggest conclusion we can reach is that the vast bulk of the increased security that we’ve obtained since 9/11 has been due to two factors: the securing of airplane cockpit doors, and the fact that no planeload of passengers in a hijacked aircraft will ever again sit back placidly and wait to land in Cuba or whatever. We’ve been saying this for years and it remains true. It’s hard to believe in light of all that has followed, but a few weeks after the 9/11 attacks, the ACLU issued a press release with the headline, “ACLU Applauds Sensible Scope of Bush Airport Security Plan.” What we were reacting to was a set of commonsense steps the administration had taken such as increased baggage screening and securing those cockpit doors.

Ninth Circuit Gives ACLU’s No Fly List Clients Their Day in Court

By Nusrat Choudhury, Staff Attorney, ACLU National Security Project at 11:15am

Last week, the Ninth Circuit Court of Appeals unanimously ruled that the ACLU’s lawsuit challenging the U.S. government’s secretive No Fly List should go forward. This decision is a true victory for our clients and all Americans.

More than two years ago, 15 U.S. citizens and permanent residents, including four military veterans, were denied boarding on planes. None of them know why this happened. And no government authority has ever given them an explanation or a fair chance to clear their names.

This Week in Civil Liberties (5/18/12)

By Rekha Arulanantham, ACLU at 3:22pm

Which law could be used to restrict the right to protest at next week’s NATO summit?

Which government watch list can you get on but are entirely at the government’s mercy if you want to get off?

A lawmaker from which state would rather women die than have abortion remain legal?

In which state did a grandmother get sentenced to life without parole for a nonviolent first-time drug offense?

Ninth Circuit Presses Government Lawyer on Watch Lists: “What Would You Do?”

By Ben Wizner, Director, ACLU Speech, Privacy & Technology Project at 1:53pm

A few weeks ago, Jay Stanley posted here about some of the dangers of “Big Data,” a sanitized term for data mining. When it’s employed by government security agencies in the search for terrorists, Jay wrote, there’s a substantial risk “that people will be tagged and suffer adverse consequences without due process, the ability to fight back, or even knowledge that they have been discriminated against.”

Fighting to Clear Their Names: Appeals Arguments Today for No-Fly List Challenge

By Nusrat Choudhury, Staff Attorney, ACLU National Security Project at 10:04am

Today in Portland, Ore., I will be in a federal appeals court asking a three-judge panel to reinstate the ACLU's lawsuit challenging the government's secretive No-Fly List. We represent 15 U.S. citizens and permanent residents, including four military veterans, who are banned from flying to or from the U.S. or over American airspace. They have never been told why they are on the list or given a reasonable opportunity to get off it.

FBI FOIA Docs Show Use of "Mosque Outreach" for Illegal Intel Gathering

By Nusrat Choudhury, Staff Attorney, ACLU National Security Project at 11:38am

This type of secret intelligence gathering is an affront to religious liberty and the right to equal protection of the law.

No Fly List Grows, Along With Injustice For Those Wrongly Stuck On It

By Ateqah Khaki at 12:31pm

An Associated Press report today reveals that, “Even as the Obama administration says it's close to defeating al-Qaida, the size of the government's secret list of suspected terrorists who are banned from flying to or within the United States has more than doubled in the past year.” The AP’s Eileen Sullivan reports that the “No Fly List” has grown to about 21,000 people, including some 500 Americans.

Exiled From Home

By Nusrat Choudhury, Staff Attorney, ACLU National Security Project at 5:07pm

Last summer, the ACLU and its affiliates in Oregon, Southern California, Northern California and New Mexico filed a lawsuit on behalf of 17 U.S. citizens and legal residents to challenge their placement on the U.S. government's No-Fly List and the failure of the government to give them a chance to defend themselves. Some of these people were in the United States when they found themselves suddenly and without explanation unable to board a plane. Others — including military veterans, students and people visiting family — were overseas and were effectively exiled from their own country because they couldn't board a plane to fly home.

ACLU Video: "No-Fly With Me"

By Rachel Myers, ACLU at 2:41pm

Ayman Latif is a disabled U.S. Marine veteran living in Egypt with his wife and two young children. Adama Bah is a 22-year-old caregiver living in New York with asylum status that protects her from the persecution she would face if she returned to her native Guinea.

Ayman and Adama are both on the U.S. government's "No-Fly List," barring them from flying into or from the United States or over U.S. airspace. Neither poses any security threat or has any idea why the government has put them on the list – or how to get off it. For Ayman, this means he has no way to get home to the United States where the rest of his family lives, and that his new daughter may never meet her grandparents. For Adama, this means never leaving New York on a plane, and the feeling of being trapped in the country where she was supposed to feel free.

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