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Letter to Jeh Johnson, Secretary of the Department of Homeland Security - No Fly Lists

Letter

Date: April 7, 2014
Location: Washington, DC
Issues: National Security Civil Liberties and Civil Rights

Dear Secretary Johnson:

We write to learn more about the Department of Homeland Security Traveler Redress Inquiry Program (DHS TRIP) and its ability to resolve cases of American travelers who have been unfairly or incorrectly placed on federal watch lists. Watch lists are an important tool to guard against terrorism, but they must strike the right balance with U.S. civil rights and liberties.

We appreciate that the Department of Homeland Security has taken steps to provide redress for innocent Americans who have been placed on watch lists. DHS TRIP makes it easier for travelers to resolve cases of misidentification, such as false-positive matches in which the name of a law-abiding traveler is similar to that of a person who is on a list for good reason. However, beyond cases of misidentification, we are concerned that DHS TRIP provides no effective means of redress for unfair or incorrect designations. We also understand that nearly 24 Americans have been placed on watch lists while traveling abroad, inhibiting their return home. While never charged with a crime, these Americans found themselves temporarily stranded abroad.

Congress established DHS TRIP to provide innocent Americans a mechanism to correct their improper placement on federal watch lists. Thank you for considering the following questions to help us better understand whether the program is fulfilling its mission.

1. What is the process when a DHS TRIP application is filed? What other government
agencies are involved, and what is their role? How many referrals to them are made, and
what are the outcomes?
2. In each of the last three years, how many DHS TRIP applications have been filed, and
how many resulted in a person's removal from a watch list?
3. How many American citizens have submitted DHS TRIP applications while abroad?
How were these cases resolved, and how long did each take?
4. Does DHS TRIP provide individuals the opportunity to challenge the evidence that led to
their designation on a federal watch list? If so, what is the process?
5. Does DHS TRIP have the authority itself to remove someone from a watch list?
6. What demographic information (nationality, country of origin, age, gender, race) is
considered when making the decision to place someone on a watch list? What is the
demographic data of DFIS TRIP applicants, and of those whose cases are resolved?


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