Court Recognizes Due Process Rights of Americans on List
August 29, 2013 – A federal court in Portland, Oregon ruled late yesterday that constitutional rights are at stake when the government places Americans on the No Fly List, agreeing with the plaintiffs in a lawsuit filed by the American Civil Liberties Union. That suit challenges the process for attempting to get off the list as unfair, inadequate, and unconstitutional. The decision also asked the ACLU and the government to submit additional information about the No Fly List redress procedure in order to help the court decide the ultimate question of whether it satisfies the Fifth Amendment's guarantee of due process.
"This decision is a critically important step towards vindicating the due process rights of Americans on the No Fly List," said ACLU Staff Attorney Nusrat Choudhury, one of the attorneys who argued the case in June. "For the first time, a federal court has recognized that when the government bans Americans from flying and smears them as suspected terrorists, it deprives them of constitutionally protected liberties, and they must have a fair process to clear their names. The No Fly List procedures violate due process because the government refuses to provide any explanation or a hearing for innocent Americans to challenge their inclusion, and we look forward to making that case to the court."
Lawsuit Argues List Violates Constitution's Due Process Guarantee
June 20, 2013 - PORTLAND - The American Civil Liberties Union will be in federal court tomorrow asking a judge to declare unconstitutional the government's practice of banning people from flying without giving them any notice, reasons, or meaningful way to clear their names.
"We're asking the court to finally put a check on the government's use of a blacklist that denies Americans the ability to fly without giving them the explanation or fair hearing that the Constitution requires. It's a question of basic fairness," said ACLU Staff Attorney Nusrat Choudhury, one of the ACLU attorneys who will argue the case Friday in Portland. "It does not make our country safer to ban people from flying without giving them an after-the-fact redress process that allows them to correct the errors that led to their mistaken inclusion on the list."
ACLU Represents 15 People Government Put on Secret List and Banned From Flying Without Explanation
July 26, 2012 – A three-judge panel of the U.S. Ninth Circuit Court of Appeals today unanimously ruled that the ACLU’s lawsuit challenging the government’s secretive No Fly List should go forward.
The national ACLU, along with its affiliates in Oregon, Southern California, Northern California and New Mexico, filed the lawsuit in Portland in June 2010, on behalf of 15 U.S. citizens and permanent residents, including four military veterans, who are on the No Fly List and banned from flying to or from the U.S. or over American airspace, causing great personal hardship. None of the ACLU’s clients have ever been told why they are on the No Fly List or given a reasonable opportunity to get off it.
May 11, 2012 – The American Civil Liberties Union argued in a federal appeals court Friday morning that its challenge to the government’s secretive No Fly List should be reinstated. The ACLU represents 15 U.S. citizens and permanent residents, including four military veterans, who are banned from flying to or from the U.S. or over American airspace, causing great personal hardship. They have never been told why they are on the list or given a reasonable opportunity to get off it.
The national ACLU, along with its affiliates in Oregon, Southern California, Northern California and New Mexico, filed the lawsuit against the FBI, which creates and controls the list. In May 2011, the district court in Portland dismissed the case for lack of jurisdiction, ruling that the lawsuit should have been filed against the Transportation Security Administration, which administers the redress process for travelers denied boarding.
February 29, 2012 – Significantly modified reports on the City of Portland’s relationship with the FBI’s Joint Terrorism Task Force (JTTF) were approved by the City Council after the ACLU’s testified they were greatly improved, but still lacked data that would permit the public to independently confirm that Oregon law and the Constitution are being honored by the City.
Last week, the ACLU had issued a detailed analysis that strongly criticized the original draft reports issued February 13 by Police Chief Mike Reese and Mayor Sam Adams. In prepared testimony today, ACLU of Oregon Executive Director David Fidanque detailed the specific improvements in the final reports, which will be made annually to the City Council in the future.
February 23, 2012 – The ACLU of Oregon today released its detailed analysis of the City of Portland’s relationship with the FBI’s Joint Terrorism Task Force (JTTF) ten months after the City Council approved a resolution authorizing the Police Bureau to cooperate with the JTTF on individual terrorism investigations.
The ACLU’s analysis strongly criticized the draft reports issued last week by Police Chief Mike Reese and Mayor Sam Adams saying the reports indicate the City has been violating the Council’s resolution which was approved only last April. The ACLU had supported the resolution at that time, but now says the City should suspend its cooperation with the FBI because important safeguards in the resolution have apparently been ignored.
FBI's Claimed Authority to Track and Map "Behaviors" and "Lifestyle Characteristics" of American Communities Invites Racial Profiling
July 27, 2010 - The American Civil Liberties Union of Oregon has asked the Portland FBI field office to turn over records related to the agency's collection and use of race and ethnicity data in local communities.
In response to the ACLU of Oregon’s investigation of FBI surveillance of activists and organizers from around Oregon, the ACLU-OR has received numerous requests for assistance from people who are curious about their own FBI records.