WASHINGTON, D.C. — The No-Fly List has caused controversy as Arab residents have been wrongly placed on the list, including babies and deceased citizens.

U.S. Reps. Debbie Dingell (D-Dearborn), Zoe Lofgren (D-CA) and Ted Poe (R-TX) this week led a bipartisan letter to Department of Homeland Security (DHS) Secretary Jeh Johnson seeking clarification on the recently revised DHS Traveler Redress Inquiry Program (DHS TRIP) and requesting that the redress procedures be further reviewed and revised to protect due process rights for individuals.

DHS TRIP revised its redress policy in 2015 after courts ruled that the previous procedures violated the Due Process Clause of the U.S. Constitution. 

The Reps. are requesting information from Johnson about the steps being taken to ensure watch lists are accurate and to ensure that people who believe they are wrongly listed have a meaningful process to challenge their status.

 “Protecting and supporting our national security is one of our most fundamental responsibilities. It is also critical to protect due process under the law for all Americans,” Dingell said. “We have seen firsthand the challenges facing those wrongly listed on the No-Fly list – including Members of Congress – and the complex and lengthy process required to be removed. We must keep America safe without jeopardizing our founding principles. Every effort must be made to ensure the rights provided under the U.S. Constitution are afforded to all.”

“For those wrongly included on the No Fly List, being removed can be a lengthy and complicated process,” said Lofgren. “I’m glad the Department of Homeland Security has demonstrated a willingness to improve this process, and I look forward to learning more about how they plan to implement changes as well as what further improvements can be made to ensure due process for those seeking correction of their erroneous watch list designation.”

“DHS is faced with the task of balancing the personal rights of those who wish to travel with safety of those wishing to fly,” said Poe. “We must ensure that our constitutional rights are not trampled on as we protect the American public. Currently American citizens are being placed on the No-Fly list often with little or no notice and are not given a constitutionally sufficient way to challenge that listing. Those that choose to challenge and seek redress should be afforded full due process. The constitution should not be trampled on in an effort to protect the homeland, we can have both freedom and security.”

For many individuals, getting off a government watch list is still a lengthy process and in some cases they are not allowed access to all the information the government has collected because of security classifications. 

In fiscal year 2014, a total of 9,766 DHS TRIP applications were filed with the Department and over 1,400 were still being processed. With a new set of procedures in place for over a year now, the Reps. are seeking answers to help better understand DHS TRIP and its overall effectiveness.

 In addition to Dingell, Lofgren and Poe, the letter is signed by Reps. Brenda Lawrence (D-MI), Paul Tonko (D-NY), André Carson (D-IN), Raúl M. Grijalva (D-AZ), Mike Honda (D-CA), Mike Quigley (D-IL), Jeff Miller (R-FL), Bill Pascrell (D-NJ), Thomas Massie (R-KY), Jim McDermott (D-WA), Robert Brady (D-PA), Donald S. Beyer Jr. (D-VA), Judy Chu (D-CA), Donna F. Edwards (D-MD), Keith Ellison (D-MN), and Loretta Sanchez (D-CA).