Twenty years ago this past week, the No Fly List was created by the Department of Homeland Security (DHS) in response to the 9/11 terrorist attacks. It is used by the Transportation Security Administration (TSA) to help make air travel safe. When a traveler purchases a plane ticket, airlines must request permission from DHS to issue a boarding pass. Unless the government grants permission through the No Fly List, a passenger is unable to fly.
Unfortunately, all is not perfect with the No Fly List. In fact, Americans are denied the right to travel because they have the same name as a known terrorist. In others, some are placed on the list by mistake or nefarious reasons. When one is denied boarding, current law restricts the jurisdiction of federal courts to examine the case. The government works tirelessly to not disclose the basis for its denial, thus preventing aggrieved citizens the legal recourse to challenge the decision.
Reports that Americans with no criminal backgrounds have been placed on the secretive No Fly List by the FBI and DHS, preventing them from air travel, are deeply troubling. There are over 81,000 individuals on the No Fly List, including 1000 American citizens, none of whom were notified or ever given a hearing. Absolutely no due process is provided to American citizens who are being stripped of a fundamental right. I am also concerned that the No Fly List, which ostensibly is used to identify terrorists, is being used to target political dissidents.
Every American citizen is entitled to due process and to be told of any allegations against them and reasons for being placed on the No Fly List. The people listed should have a right to an independent tribunal to review the good faith factual basis for the listing. Currently, there is no meaningful legal redress. Any listing based on legitimate, demonstrable, provable objective evidence that a person is a “terrorist” should be easy to present by any law enforcement agency. The secrecy and complete lack of neutral fact-finding is un-American and unconstitutional.
After 20 years, it’s obvious the No Fly List needs some reforming. This week, I introduced H.R. 6030, the Freedom to Travel Act of 2021. This legislation will restore due process in air travel security and restore the basic right to travel for all Americans. The Freedom to Travel Act would codify the right to travel, set specific standards on what violations can be used to deny the right to fly, grant harmed persons damages, and reform the law to end the government’s ability to deny Americans due process.
Click here to read the text of the legislation.
