A new report from the Senate Homeland Security and Governmental Affairs Committee on Tuesday claims terrorist watchlists in the United States are too broad and could infringe on a traveler’s civil liberties.
The report addresses the need for the watchlists but alleges that the lists could lead to “unwarranted screening.” There are 22 reasons a person could be stopped and screened.
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“While protecting Americans from the threat of terrorist attacks is paramount, potential abuse and/or lack of meaningful redress for wrongful screening by our government risks eroding Americans’ civil rights and civil liberties,” the report notes.
There are three main watchlists: the Terror Screening Dataset, known as the main “terror watchlist”; the No Fly List, which prohibits some people from boarding airplanes in and to the U.S. if they are deemed a national security threat; and the Expanded Selectee List, which makes passengers go through extra screening before boarding a plane.
The report recommends that the Department of Homeland Security and other government agencies conduct a review of their records, provide more transparency on how someone ends up on the lists, and establish a method for people to petition their removal from the lists if they believe they were mistakenly placed on one.
“As federal agencies continue to work diligently to protect our national security and keep travelers safe, it is crucial that we are doing so in an effective way that upholds our country’s civil liberties,” Chairman Gary Peters (D-MI) said in a statement. “This report will increase transparency and make recommendations to increase national security, build confidence that our practices align with threats, and help ensure resources are focused efficiently.”
A DHS official told the Washington Examiner that the department does have a redress method. It’s called the DHS Traveler Redress Inquiry Program, and it has a website where fliers can make a complaint. The website provides the user with detailed information about the redress process and what to expect regarding his or her inquiry. DHS TRIP assigns a unique redress control number to each inquiry submitted, allowing travelers to check the status of their inquiries on the website at any time.
The report comes as national security officials and the FBI warn of possible terrorist threats over the winter holidays. The tension includes anti-American sentiments, shared by U.S. enemies in the Middle East, and as the U.S. helps Israel in its war with the terrorist organization Hamas. Various foreign terrorist organizations have called for lone-actor attacks in the U.S.
“It is the Department’s responsibility to protect the American people from threats, including terrorism,” a DHS spokesperson told the Washington Examiner in an email. “We agree with the Committee that civil rights and liberties must be at the forefront of our policies, programs, activities and work to safeguard the nation. DHS has implemented systems to ensure those priorities are at the center of our efforts, and we are constantly working to make further improvements. While we believe some of the committee’s findings lack important context, DHS is committed to working with Congress and stakeholders to ensure we have all the tools and capabilities to protect our national security while simultaneously protecting civil rights and liberties.”
The DHS official said the most common causes of complaints are incorrect identifications, meaning the traveler’s name and personal information are similar to the name and personal information of another person, or because the traveler has been delayed in travel for reasons unrelated to the terrorist watchlist, such as random screening.
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The biggest list, the “terror watchlist,” has grown from 120,000 names since it was created in 2003 to almost 2 million people. Not every person on the list is a known or suspected terrorist, but could be related to or in contact with someone who is. The watchlist is also used to screen people coming into the country by land through the northern and southern borders.
There has been an increase in people on the watchlists attempting to enter the country this year, but U.S. officials have denied that those immigrants come from Hamas, according to NBC News.
