On March 29, 2013, The Constitution Project filed an amicus brief in the case of Latif et al. v. Holder, in the U.S. District Court for the District of Oregon. In that case, Ayman Latif and other individuals allege that they have been prevented from flying and advised by officials that they are included on the No Fly List. They argue that the Due Process Clause requires the federal government to provide them with official notice and a meaningful opportunity to seek removal from the list.
TCP’s brief claims 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 also notes that the current procedure to seek removal from the List, the DHS Traveler Redress Inquiry Program, is inadequate to provide due process. TCP asserts that a more meaningful redress process will help make the No Fly List more accurate and thereby improve national security.
TCP’s brief is based on our Liberty and Security Committee’s report Promoting Accuracy and Fairness in the Use of Government Watch Lists.