Initial Victory in No Fly List Case, Decision Cites TCP Amicus

On August 28, Judge Brown of the District Court for the District of Oregon issued an opinion in favor of the plaintiffs in Latif v. Holder, a case challenging the no fly list.  TCP, represented by Rita Siemion, had filed an amicus brief in support of the plaintiffs’ motion for summary judgment, arguing that the government should provide information to travelers who have already been informally advised of their watch list status about the reasons for placement on the list and give them a meaningful opportunity to challenge their inclusion. The brief, which is based on TCP’s Liberty and Security Committee’s report Promoting Accuracy and Fairness in the Use of Government Watch Lists, also notes that the current procedure to seek removal from the List, the DHS Traveler Redress Inquiry Program, is inadequate to provide due process.

Judge Brown’s opinion is a preliminary one, finding that the plaintiffs have due process rights in this context, and ordering the government to provide more information on its current redress procedures. Ms. Siemion had participated in the June oral argument on the cross motions for summary judgment, and the opinion cites TCP’s arguments.  TCP is grateful to Ms. Siemion for her representation in this case.

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