Since the “no fly” list was formalized in 2001, the only way to know if the U.S. government would allow you to get on a plane was to show up at the airport and try to board a flight. The government would generally neither confirm nor deny that you were on the list, let alone tell you why.
On April 14, the government announced a new procedure for blacklisted travelers to try to clear themselves. Passengers who are denied boarding can lodge a complaint with the Department of Homeland Security, which will provide confirmation of their “No Fly List status,” and an unclassified summary of the reason why — unless providing that information would go against “national security and law enforcement interests.” The passengers can then appeal their status.
The notice of the new procedures came in court filings in several cases where plaintiffs have challenged their inclusion on the list.
Hina Shamsi, director of the American Civil Liberties Union’s National Security Project, called the new procedures “grossly inadequate” and said her organization is already challenging them in court. The ACLU is representing 13 U.S. citizens who sued over the no fly list in 2010.
Last year a federal judge found that the government’s old redress process — which never confirmed or denied anyone’s status — was unconstitutional. The government’s response was the new procedures, which Shamsi says still doesn’t go far enough.
“One of our clients was provided a single cryptic sentence saying he had traveled to a particular country in a particular year. There are incomplete reasons, no evidence provided, and no hearing at which our clients can present their own evidence and cross-examine the government’s witnesses,” she said.
“The inadequate process the government provided to our clients is what it’s now formalizing for everyone else,” she added.
Gadeir Abbas, an attorney for Gulet Mohamed, a U.S. citizen who in 2011 was barred from flying home to Virginia from Kuwait, called the new redress process “entirely one-sided.”
“If you don’t know why the government has placed you on the list in precise terms, you’re never going to be able to rebut it,” he said. “So, the promise of confirming someone’s placement on the ‘no fly’ list and including the tautology that the government believes justifies it is just totally inadequate.”
The Intercept reported last summer that there were 47,000 people on the no fly list in 2013, a more than tenfold increase since President Barack Obama took office.
Photo: Elaine Thompson/AP


Government is bankrupt. Do hardly working TSA employees understand they’re working for rubber checks?
Only the Lord’s Prayer can save America’s soul and kick sand in the face of international bankers.
‘forgive us our debts, as we were forced to bail out big banks’
Government is bankrupt. Do hardly working TSA employees understand they’re working for rubber checks?
Only the Lord’s Prayer can save America’s soul and kick sand in the face of international bankers.
‘forgive us our debts, as we were forced to bail out big banks’
The government and D of HS can take their no-fly list and wipe their bottoms with it as far as I’m concerned. If you have my name on it you wasted ink as I’ve made my own no-fly list with one name on it. MINE.
Do they have such a “clearance process” for people who have been included in the FBI criminal index list?
Could people appeal “their status” in such cases?
Satyagraha,
RCL
Since the article gives a figure of 47,000 people on the no fly list, that figures to be almost 1.5% of the population. Just flexing my math muscles a bit. That is a significant portion of society who aren’t allowed to fly because of some secret ruling or classified evidence, or maybe just hairs standing up on the back of the neck of some government bureaucrat. “But that’s OK ’cause it’s only them people that wraps towels around their heads and pray to some god called Allah, and they’re all terrorists anyway”. That may be paraphrased, but I’ve heard that sentiment ever since 9/11 here in rural north Florida. For those who think this is unjust, the Patriot Act is coming up for renewal soon and campaigns to limit or repeal this monstrosity are being carried out right now. You can’t complain when your name finds its way on the no fly list if you won’t fight for those whose name is already on it.
You’re only off by two orders of magnitude.
I completely agree with your sentiment, but the figure is way lower than 1.5 percent, it would actually be 0.0147%.
Might want to head back to the math gym to work out those muscles. USA population is ~320 million. 47,000/320,000,000 = .0015%, not 1.5%.
47,000/320,000,000 = 47/320,000 = 0.000146875 * (100/100) = 0.0146875/100 = 0.0146875%
Yet, that figure should be compared to the no flight list ratio to general population in Europe, where they have imported, very welcomingly it seems, gringo paranoia.
He is still very much right on that!
Satyagraha,
RCL
How many on the no-fly list are Christofascists or Judeofascist, I wonder. How many members of AIPAC are on that list? Is the IRA-lovin’ Congressman Peter King on there? If not, why not?
In my opinion The Department of Homeland Security (DHS), part of the Bush/Cheney American Legacy of Terror in the aftermath of 9/11, should be thoroughly investigated and removed from power, as a collective agency acting on behalf of We the People. I agree with the former Congressional Representative Ron Paul on this matter.
See: “Ron Paul: Shut Down Unconstitutional Department of Homeland Security”
http://www.ronpaulinstitute.org/archives/featured-articles/2015/march/01/department-of-homeland-security-what-is-it-good-for/
[“Ten years after the creation of the Department of Homeland Security, it is clear that this department has failed to protect our security, but has infringed on liberty. If Congress really wanted to enhance our security and our liberty it would shut down this unnecessary, unconstitutional department.”]
Thanks for article Ms. Currier, regarding the ability of the Transportation Security Administration component of DHS to effectively terrorize American Citizens.