Can A Detained Immigrant Be Put On A No-Fly List?

The U.S. government has a no-fly list, maintained by the Federal Aviation Administration (FAA) and the Terrorist Screening Center, which restricts individuals from boarding commercial flights due to national security concerns. Detained immigrants, like other individuals, can potentially be placed on the no-fly list if deemed a threat to security. However, such actions raise significant legal and human rights questions, especially concerning due process and the right to contest being placed on the list.

Can A Detained Immigrant Be Put On A No-Fly List?

National Security and Watchlists:

• The U.S. government maintains various security lists, including the no-fly list, as part of efforts to prevent threats to national security. If an immigrant is considered to pose a risk (such as being linked to terrorism or criminal activities), they may be placed on a no-fly list. However, this action is generally taken after a detailed intelligence assessment.
• Basis for Inclusion: An immigrant may be placed on the no-fly list based on intelligence, criminal activity, or a perceived threat to aviation security. This could include activities that violate U.S. laws, such as terrorism-related offenses or connections to organizations on U.S. sanctions lists.

Process for Being Placed on the No-Fly List:

• Intelligence or Law Enforcement Agencies: Agencies like the FBI, CIA, or Department of Homeland Security (DHS) typically gather information that can result in an individual being flagged for inclusion on the no-fly list. If an immigrant is detained as part of an ongoing investigation, these agencies might request their placement on the no-fly list if they are considered a security threat.
• No Formal Notification: A person placed on the no-fly list is often not notified immediately, as doing so could compromise security measures. However, they may become aware of it if they attempt to board a flight and are denied boarding.

Legal Rights and Challenges:

• Due Process Concerns: U.S. law guarantees that individuals are afforded due process, but individuals placed on the no-fly list may not receive a formal trial or hearing before being added. This creates challenges regarding transparency and the ability to contest the decision.
• Legal Challenge Options: If a detained immigrant believes they have been wrongfully placed on the no-fly list, they may seek legal recourse. While it can be difficult to challenge placement due to the secrecy surrounding the no-fly list, individuals can file a petition through the U.S. Department of Homeland Security or take action through federal courts. Legal advocacy groups like the ACLU have worked to challenge no-fly list designations on behalf of individuals who claim they were wrongfully included.
• Notification and Redress: The U.S. government has created a Redress Control program through the DHS, allowing individuals to request review if they believe they were incorrectly placed on the no-fly list. However, this process does not always guarantee removal from the list or a fair review process.

Consequences of Being on the No-Fly List:

• Travel Restrictions: Being placed on the no-fly list means that the immigrant will be prohibited from boarding commercial flights in or out of the U.S. While this can be highly disruptive, it is primarily a safety measure aimed at protecting the public from potential threats.
• Impact on Immigration Cases: If the detained immigrant is trying to return to their home country or travel as part of their immigration proceedings (e.g., to attend a hearing or court date), being placed on the no-fly list could interfere with their travel options, further complicating their legal situation.

No-Fly List and Immigration Detention:

• ICE and DHS Involvement: Immigration and Customs Enforcement (ICE) works closely with the Department of Homeland Security (DHS) in security screenings. If an immigrant is suspected of being a security threat, ICE may request the addition of the individual to the no-fly list while in custody. However, placing someone on the no-fly list while in detention is usually a result of security concerns related to their case or history.
• Not a Common Practice: While the no-fly list is typically reserved for individuals who are deemed high-risk security threats, being detained does not automatically result in an individual being placed on the list. Placement generally depends on the assessment of the person’s risk profile.

Contesting the No-Fly List:

• Request for Redress: If the immigrant has been placed on the no-fly list, they can file a complaint with the DHS’s Traveler Redress Inquiry Program (TRIP) to request a review of their case. However, this process may be opaque, and individuals may not always receive the transparency they need to understand why they were included or how to be removed.
• Legal Representation: It is recommended that the detained immigrant work with an immigration attorney who can assist in contesting the no-fly list placement. In some cases, lawyers may also engage with human rights organizations to challenge the no-fly list designation based on its potential violation of the immigrant’s due process rights.

Example:

A detained immigrant from Syria, who is under investigation for suspected ties to a terrorist organization, may be placed on the no-fly list by U.S. authorities. This decision is based on intelligence suggesting a security risk. If the immigrant is unaware of their inclusion on the no-fly list and attempts to board a flight, they will be denied entry. Subsequently, the immigrant may request redress through the DHS’s program, seeking clarification of why they were included and challenging the decision with the help of an attorney.

In this case, legal action could result in the immigrant being removed from the no-fly list if the placement was found to be unjust, or the individual could be informed of the specific reasons for their designation.

Conclusion:

Being placed on the no-fly list as a detained immigrant is a serious consequence of national security assessments. While the individual has the right to contest such a decision, the process can be complicated and opaque. Legal assistance is crucial for navigating the complexities of challenging placement on the no-fly list and ensuring due process rights are upheld.