An estimated 47,000 people, including 800 U.S. citizens, are currently on the government's 'No Fly List. '
(Photo: MarkJH/cc/flickr)
Oct 26, 2015
A federal court on Monday ruled that a Michigan man can challenge his inclusion on the government's "No Fly List," in a move that is being celebrated as a victory for the hundreds of U.S. citizens assigned to that secretive list, as well as the countless Arab-Americans routinely subjected to similar racial profiling.
Reversing a previous district court ruling, Circuit Judge Julia Smith Gibbons ordered (pdf) "further proceedings" in the case of Saeb Mokdad, a Lebanese-American who has been prohibited three times from boarding a plane to visit his family in Lebanon since September 2012.
The Arab-American Civil Rights League (ACRL), which is defending Mokdad, argues that his placement on the terrorist screening list is unconstitutional. The suit specifically singles out the U.S. Attorney General, the director of the FBI, and the director of the Terrorist Screening Center (TSC), who are charged with placing people on the list. The ACRL also argues that the government must explain why Mokdad is included on the Terrorist Screening list and allow for a "meaningful opportunity" to contest his status.
Gibbons also ruled that a district court does have the authority to decide on such a case, which, as Salon reporter Ben Norton notes, "establish[es] a precedent for courts throughout the country."
There are as many as 47,000 people on the U.S. government's "No Fly List," according to documents leaked to The Intercept last year, including 800 Americans.
Following the court ruling, Mokdad's attorney, Nabih Ayad, said, "Today is a good day for our Constitution, a good day for Arab-Americans, and a good day for justice across this nation." Ayad added that the ruling confirms the ACRL's belief that "the unwarranted and unconstitutional profiling of an entire group of people simply based on their ethnicity must be struck down as a violation of this nation's highest law: the Constitution."
He continued, "By issuing today's ruling, the U.S. Sixth Circuit has dealt a huge blow against the continued and unjustifiable intimidation and harassment by the federal government against Arab Americans."
Why Your Ongoing Support Is Essential
Donald Trump’s attacks on democracy, justice, and a free press are escalating — putting everything we stand for at risk. We believe a better world is possible, but we can’t get there without your support. Common Dreams stands apart. We answer only to you — our readers, activists, and changemakers — not to billionaires or corporations. Our independence allows us to cover the vital stories that others won’t, spotlighting movements for peace, equality, and human rights. Right now, our work faces unprecedented challenges. Misinformation is spreading, journalists are under attack, and financial pressures are mounting. As a reader-supported, nonprofit newsroom, your support is crucial to keep this journalism alive. Whatever you can give — $10, $25, or $100 — helps us stay strong and responsive when the world needs us most. Together, we’ll continue to build the independent, courageous journalism our movement relies on. Thank you for being part of this community. |
Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.
Lauren McCauley
Lauren McCauley is a former senior editor for Common Dreams covering national and international politics and progressive news. She is now the Editor of Maine Morning Star. Lauren also helped produce a number of documentary films, including the award-winning Soundtrack for a Revolution and The Hollywood Complex, as well as one currently in production about civil rights icon James Meredith. Her writing has been featured on Newsweek, BillMoyers.com, TruthDig, Truthout, In These Times, and Extra! the newsletter of Fairness and Accuracy in Reporting. She currently lives in Kennebunk, Maine with her husband, two children, a dog, and several chickens.
A federal court on Monday ruled that a Michigan man can challenge his inclusion on the government's "No Fly List," in a move that is being celebrated as a victory for the hundreds of U.S. citizens assigned to that secretive list, as well as the countless Arab-Americans routinely subjected to similar racial profiling.
Reversing a previous district court ruling, Circuit Judge Julia Smith Gibbons ordered (pdf) "further proceedings" in the case of Saeb Mokdad, a Lebanese-American who has been prohibited three times from boarding a plane to visit his family in Lebanon since September 2012.
The Arab-American Civil Rights League (ACRL), which is defending Mokdad, argues that his placement on the terrorist screening list is unconstitutional. The suit specifically singles out the U.S. Attorney General, the director of the FBI, and the director of the Terrorist Screening Center (TSC), who are charged with placing people on the list. The ACRL also argues that the government must explain why Mokdad is included on the Terrorist Screening list and allow for a "meaningful opportunity" to contest his status.
Gibbons also ruled that a district court does have the authority to decide on such a case, which, as Salon reporter Ben Norton notes, "establish[es] a precedent for courts throughout the country."
There are as many as 47,000 people on the U.S. government's "No Fly List," according to documents leaked to The Intercept last year, including 800 Americans.
Following the court ruling, Mokdad's attorney, Nabih Ayad, said, "Today is a good day for our Constitution, a good day for Arab-Americans, and a good day for justice across this nation." Ayad added that the ruling confirms the ACRL's belief that "the unwarranted and unconstitutional profiling of an entire group of people simply based on their ethnicity must be struck down as a violation of this nation's highest law: the Constitution."
He continued, "By issuing today's ruling, the U.S. Sixth Circuit has dealt a huge blow against the continued and unjustifiable intimidation and harassment by the federal government against Arab Americans."
Lauren McCauley
Lauren McCauley is a former senior editor for Common Dreams covering national and international politics and progressive news. She is now the Editor of Maine Morning Star. Lauren also helped produce a number of documentary films, including the award-winning Soundtrack for a Revolution and The Hollywood Complex, as well as one currently in production about civil rights icon James Meredith. Her writing has been featured on Newsweek, BillMoyers.com, TruthDig, Truthout, In These Times, and Extra! the newsletter of Fairness and Accuracy in Reporting. She currently lives in Kennebunk, Maine with her husband, two children, a dog, and several chickens.
A federal court on Monday ruled that a Michigan man can challenge his inclusion on the government's "No Fly List," in a move that is being celebrated as a victory for the hundreds of U.S. citizens assigned to that secretive list, as well as the countless Arab-Americans routinely subjected to similar racial profiling.
Reversing a previous district court ruling, Circuit Judge Julia Smith Gibbons ordered (pdf) "further proceedings" in the case of Saeb Mokdad, a Lebanese-American who has been prohibited three times from boarding a plane to visit his family in Lebanon since September 2012.
The Arab-American Civil Rights League (ACRL), which is defending Mokdad, argues that his placement on the terrorist screening list is unconstitutional. The suit specifically singles out the U.S. Attorney General, the director of the FBI, and the director of the Terrorist Screening Center (TSC), who are charged with placing people on the list. The ACRL also argues that the government must explain why Mokdad is included on the Terrorist Screening list and allow for a "meaningful opportunity" to contest his status.
Gibbons also ruled that a district court does have the authority to decide on such a case, which, as Salon reporter Ben Norton notes, "establish[es] a precedent for courts throughout the country."
There are as many as 47,000 people on the U.S. government's "No Fly List," according to documents leaked to The Intercept last year, including 800 Americans.
Following the court ruling, Mokdad's attorney, Nabih Ayad, said, "Today is a good day for our Constitution, a good day for Arab-Americans, and a good day for justice across this nation." Ayad added that the ruling confirms the ACRL's belief that "the unwarranted and unconstitutional profiling of an entire group of people simply based on their ethnicity must be struck down as a violation of this nation's highest law: the Constitution."
He continued, "By issuing today's ruling, the U.S. Sixth Circuit has dealt a huge blow against the continued and unjustifiable intimidation and harassment by the federal government against Arab Americans."
We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.