DEARBORN — The Michigan Chapter of the Council on Islamic-American Relations (CAIR-MI) has filed a joint lawsuit challenging the FBI’s terrorist watch list.
The first lawsuit is on behalf of 17 Muslim Americans from Michigan and one from Virginia. Included among the plaintiffs is a 4-year-old toddler who is allegedly on the list.
That case is challenging the individual placement of people on the list and is seeking a court order to declare the entire watch list unconstitutional.
The second lawsuit is a class action suit filed on behalf of thousands of Muslim Americans. CAIR-MI stated that there might be close to a million people on the list.
According to CAIR-MI, thousands of Muslims have been subjected to extra screenings at airports or have even been prevented from flying. The 18 plaintiffs in the lawsuit are all Muslim Americans who have been given no reasons for their placement on the list.
According to CAIR-MI Executive Director Dawud Walid, these individuals aren’t able to partake in a standard check-in at the airport. Instead they are flagged and directed to airline personnel.
From there, Homeland Security is contacted and the subjects are thoroughly questioned and their items are placed through extensive screenings.
The 4-year-old was only 7-months-old when his parents discovered he was on the list at Detroit Metro Airport. According to his mother, the infant was subjected to chemical testing and pat down searches before he was allowed to board.
Walid said CAIR-MI is seeking to expunge the list because it has obvious flaws.
“There’s a reason why we have our lead plaintiff as Baby Doe,” Walid said. “It highlights how ridiculous the watch list is. Not only are there dead people on the watch list, there are even infants and toddlers on it. It goes to show how completely flawed the system is and how people are being profiled based on their names.”
Walid believes the list originally came to life during the Bush Administration. However, it quadrupled in size during Obama’s presidency. He said that per capita, Dearborn has the most people on the list and its obvious why.
“No one has to be a rocket scientist to understand why,” he said. “It’s the largest concentration of Arab Americans in the country. The list is growing every day as we speak.”
During a press conference on Tuesday with FBI Director James Comey he briefly addressed the CAIR-MI lawsuit by stating that it would compromise the FBI’s operation if the Bureau were to inform individuals that they were being flagged.
Walid combated that argument by stating that most people on the list are already well aware that they’ve been flagged.
“There are many people on the watch list who know they are on it,” Walid said. “They’ve been restricted from flying; they are suffering indignities, going through profiling and extra screening at airports. People do know when they are placed on the list.”
There are steps individuals can take with Homeland Security if they believe they’ve been wrongfully placed on the list and want to be removed. However, Walid said CAIR-MI has a case involving an individual who was offered an incentive by the FBI in order to be removed from the list. The FBI allegedly asked the person to become an informant.
Walid said he believes the FBI frequently offers such incentives to individuals. He cited a recent incident involving 21-year-old Khalil Abu-Rayyan of Dearborn Heights, who was lured by an FBI informant.
“We have absolutely no doubt that this happens,” Walid said. “Especially in the wake of the Abu-Rayyan case in which he was set up to look like a potential ISIS member, which he wasn’t.”
CAIR-MI filed both lawsuits in the U.S. District Court in Virginia, the home base of the federal agencies.
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