A judge in the 9th Federal District in Oregon has declared No-Fly Lists unconstitutional. The June 24 decision in Latif v. Holder ruled that No-Fly Lists violate a person’s right to travel internationally. The case involved 13 U.S. citizens and legal U.S. residents, 4 of whom were veterans of the U.S. armed forces. Latif argued that the government violated due process rights because the government did not have to inform persons on the No-Fly list prior to being added, nor did they have to justify the decision. The court found that, as a matter of law, the government had violated their due process by not allowing them to board an airplane to travel internationally.
Ayman Latif, the lead plaintiff, is a U.S. Marine Corp veteran who lived with his wife and children in Egypt. Latif and his family were scheduled to move back to the U.S. in April of 2010 he was detained and questioned by the FBI at the Egyptian airport and was told he was on the No-Fly List. Since he was not allowed to return to the U.S. he lost his veteran benefits of $899 a month. He was eventually granted a one-time exception to fly back the U.S. in August of 2010, but he is now no longer allowed to fly and cannot resume his studies in Egypt and he cannot partake in religious pilgrimage.
The court found that the main problem with the No-Fly Lists was the government’s review process, or lack thereof. If an individual is suspected of being on the No-Fly List he or she must apply for a review through the Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP). DHS TRIP reviews the information provided in the application to check to make sure there is no misidentification. A letter is then mailed stating that the review is complete, but not stating the individual’s status on or off the list. The government is also not forced to disclose any information that would include the individual on the No-Fly List.