Terrorist watchlist overview:
- Who: A Texas federal judge ruled that the federal terrorist watchlist does not violate due process rights of the individuals on the list.
- Why: The judge found that Congress clearly authorized the government to create a list of potential national security threats.
- Where: The terrorist watchlist lawsuit was filed in Texas federal court.
On March 9, a Texas federal judge upheld the U.S. government’s terrorist watchlist, finding that Congress had clearly authorized the government to create a list of potential national security threats.
U.S. District Judge Brantley Starr noted that Congress had given clear direction to the Transportation Security Administration and the Federal Bureau of Investigation to create a list of potential threats to the domestic air transit system even if the terrorist watchlist imposes serious liberty intrusions on those listed.
In 2018, five Muslim Americans filed a lawsuit against government officials overseeing the terrorist watchlist after they experienced issues while traveling. They believed they had been placed on one of the two terrorist watchlist groups: the no-selectee list (which subjects those listed to heightened security screening at airports) or the no-fly list.
The plaintiffs say that they were never charged, arrested, or convicted of terrorism and that their alleged inclusion on the terrorist watchlist violates their due process rights afforded by the U.S. Constitution.
Judge says inclusion on terrorist watchlist supported by evidence, does not violate due process
Judge Starr said that the placement of individuals on the terrorist watchlist was supported by evidence.
“Any agency making such a watchlist nomination did not do so ‘solely based on race, ethnicity, national origin, religious affiliation, or First Amendment protected activities,’ as the passengers allege,” Judge Starr said in his order.
He also determined that the U.S. government maintained an adequate system to allow individuals to contest their potential inclusion on the terrorist watchlist. Although individuals are not able to find out if they are included on the terrorist watchlist, the Terrorist Screening Center does allow people to correct false information and submit “exculpatory information,” the judge notes.
“But regardless, the government declines to disclose watchlist status for good reason,” the order states. “Inclusion on the watchlist hinges on ‘highly sensitive national security and law enforcement information.’ Disclosure of that information could provide terrorists ‘with valuable insight into the specific ways in which the government goes about detecting and preventing terrorist attacks,’” the judge wrote in the order, including quotes from the federal government’s earlier court filing.
OnlyFans is facing several lawsuits alleging it bribed Meta employees to place adult performers on a terrorist watchlist to curb competition in online pornography.
Do you think the terrorist watchlist violates the due process rights of those included on the list? Tell us your thoughts in the comments!
The plaintiffs are represented by Lena F. Masri, Gadeir I. Abbas, and Justin M. Sadowsky of CAIR Legal Defense Fund.
The terrorist watchlist lawsuit is Kovac, et al. v. Wray, et al., Case No. 3:18-cv-00110, in the U.S. District Court for the Northern District of Texas.
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