Ten U.S citizens and residents, three of whom are veterans, are stuck abroad or cannot fly within or out of the United States because they are wrongly on a no-fly list, according to a federal lawsuit lodged Wednesday.
The Oregon federal court case claims the plaintiffs, many with Middle Eastern names who have committed no legal wrongdoing, have asked the Department of Homeland Security and Transportation Security Administration for an explanation, to no avail.
The government, according to the suit brought by the American Civil Liberties Union, has not offered any explanation for plaintiffs' "apparent placement" on the no-fly list or any other watch list. "They're too scary to fly but not scary enough to arrest," quipped Ben Wizner, an ACLU attorney on the case.
Wizner believed it was the first lawsuit testing the constitutionality of the government's ability to bar flight, though that topic has been the subject of repeated litigation often brought by those forced to undergo heavy screening before flying.
The no-fly list, its current form adopted in the wake of the 2001 terror attacks, includes some 8,000 names. About another 20,000 are on a so-called "selectee" list requiring passengers to endure extra airport security.
The suit names Attorney General Eric Holder, FBI Director Robert Mueller III and Terrorist Screening Center Director Timothy Healy. It seeks the removal of the plaintiffs' names "from any government watch list that has prevented them from flying." The lawsuit also demands "a hearing in which they can confront any evidence against them and contest their unlawful designation."
The Justice Department did not respond for comment.
The DHS has a website to lodge complaints, which the plaintiffs in this case have done. "The government will not confirm you're on this, explain the basis of being on the list, or give an opportunity to rebut why you're on the list."
The suit claims it is unconstitutional to deny flying rights under a system veiled in secrecy with no clear method of getting off the no-fly list.
Here is a briefing on the plaintiffs' allegations.
* Adama Bah, 22-year-old citizen of Guinea was granted refugee status and lives in New York. She is barred from flying from the United States.
* Mohamed Sheikh Abdirahman Kariye, a 49-year-old naturalized U.S. citizen and imam of Oregon, is denied flight to Dubai, where his daughter lives.
* Ayman Latif, a 32-year-old U.S. citizen and disabled Marine veteran residing in Egypt, is denied flight from Egypt to the United States for medical evaluation.
* Steven Washburn, a 54-year-old U.S. citizen and Air Force veteran, is denied flight to United States from Britain.
* Raymond Earl Kneable IV, a 29-year-old U.S. Citizen and Army veteran, recently traveled from United States to Colombia to get married and visit relatives. He is barred from returning to California.
* Halime Sat, a 28-year-old German citizen and U.S. resident, is barred from flying from the United States.
* Nagib Ali Ghaleb, a 39-year-old U.S. citizen, is stuck in Yemen where he traveled from California to visit family.
* Samir Mohamed Ahmed Mohamed, a 29-year-old U.S. citizen, is trapped in Yemen where he traveled from California to visit family.
* Abdullatif Muthanna, a 29-year-old U.S. citizen, is stuck in Yemen where he traveled from New York to visit family members.
* Saleh Omar, a 35-year-old lawful U.S. resident, is denied flight to United States from Yemen, where he was visiting relatives.
Dubai Airport photo: joiseyshowaa/Flickr
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