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Americans On The No Fly List Will Soon Be Able To Challenge Their Status

April 13, 2015 - Americans will soon be able to learn if they are on the No Fly List and will be given the opportunity to challenge their status if they are on the list according to court records filed today in federal courts in Oregon and Virginia by the U.S. Department of Justice.

This comes on the heels of an American Civil Liberties Union lawsuit in which a Federal Judge ruled in June the list was in violation of the Fifth Amendment, which guarantees due process.

The No Fly List was created and is maintained by the United States government's Terrorist Screening Center (TSC). The list contains the names of people who are not permitted to board a commercial aircraft for travel in or out of the United States, there are more than 50,000 people on that list.


If you remember Senator Ted Kennedy (D-MA) was on that list. In August 2004, Senator Kennedy was before the Senate Judiciary Committee that was discussing the No Fly List. He informed the committee that he had been placed on the list and had problems in boarding commercial aircraft. It took Senator Kennedy three weeks to get off the list after he had contacted Homeland Security Secretary, Tom Ridge.

Hina Shamsi, director of the ACLU National Security Project said "After years of fighting in court for complete secrecy and losing, it's good that the government is finally now going to tell people of their status on the No Fly List."

"Unfortunately, we've found that the government's new redress process falls far short of constitutional requirements because it denies our clients meaningful notice, evidence, and a hearing. The government had an opportunity to come up with a fair process but failed, so we're challenging it in court again."


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