We’ve all heard stories about toddlers placed on the U.S. non-fly list only because they have the same name as a totally unrelated, but perhaps suspicious, adult who is considered a danger air travel. Or law-abiding citizens who discover they’re on the no-fly list and also discover they have no recourse and no way of finding out why they made list or what they can do to correct the apparent error.
Lifting the veil on no-fly secrecy, just a little bit, the Justice Department filed court documents this week, giving American’s on the on the U.S. no-fly list access to information as to why they have been banned from commercial flights and setting up a system for banned flyers to dispute their status.
The Justice Department’s move is not necessarily a magnanimous gesture. Instead, it’s a response to a 2014 ruling by a federal judge that the secrecy surrounding the previous policy was in violation of the Fifth Amendment’s guarantee of due process. The ruling followed a lawsuit brought by the American Civil Liberties Union on behalf of 13 Americans on the no-fly list.
While the ACLU applauded the Justice Department’s revised policy, a spokesman said there are still issues to be addressed.
“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,” said Hina Shamsi, director, ACLU National Security Project and the lead attorney on the case. “The government had an opportunity to come up with a fair process but failed, so we’re challenging it in court again.”
Have you or anyone you know been subject to the no-fly list? What do you think of the revised policy. Share your opinions via @gtmag.
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