Terrorist Databases and the No Fly List: Procedural Due Process and Hurdles to Litigation

Terrorist Databases and the No Fly List: Procedural Due Process and Hurdles to Litigation. Congressional Research Service, Library of Congress. Jared P. Cole. April 2, 2015.

In order to protect national security, the government maintains various terrorist watchlists, including the “No Fly” list, which contains the names of individuals to be denied boarding on commercial airline flights. Travelers on the No Fly list are not permitted to board an American airline or any flight on a foreign air carrier that lands or departs from U.S. territory or flies over U.S. airspace. Some persons have claimed that their alleged placement on the list was the result of an erroneous determination by the government that they posed a national security threat. In some cases, it has been reported that persons have been prevented from boarding an aircraft because they were mistakenly believed to be on the No Fly list, sometimes on account of having a name similar to another person who was actually on the list. As a result, various legal challenges to placement on the list have been brought in court.

[PDF format, 25 pages, 349.63 KB].

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