Resource: Kashem, et al. v. Barr, et al. - ACLU Challenge to Government No Fly List

In June 2010, we filed a legal challenge on behalf of ten U.S. citizens and permanent residents who could not fly to or from the U.S. or over American airspace because they are on the government’s secretive No Fly List. (An additional three people later joined the suit.) These plaintiffs were never told why they were on the list or given a reasonable opportunity to get off of it. Being unable to fly severely affected their lives, including their ability to be with their families, go to school, and travel for work.

In a victory for our clients, the court ruled in 2014 that the government's system for challenging placement on the No Fly List was unconstitutional. As a result, the government announced in April 2015 that it would tell U.S. citizens and lawful permanent residents whether they are on the list and possibly offer reasons. However, the government's new redress process still falls far short of constitutional requirements because it denies our clients meaningful notice, evidence, and a hearing.

Now, on behalf of five remaining plaintiffs, we and the ACLU of Southern California are challenging the new redress process in the U.S. Court of Appeals for the Ninth Circuit because it fails to provide fundamental due process required by the Fifth Amendment to the Constitution.