Letter to Hon. Christopher Wray, Federal Bureau of Investigation; and Hon. Alejandro N. Mayorkas, Secretary of the Us Department of Homeland Security - Dingell Calls for FBI, DHS to Conduct Thorough Audit of No-Fly and Selectee Lists to Protect Innocent Americans

Letter

As the lead agencies tasked with operating the Terrorist Screening Center and
administering the Terrorist Screening Database (also known as the "terrorist watchlist"), the
Federal Bureau of Investigation (FBI), in tandem with the U.S. Department of Homeland
Security, are responsible for managing the subset No-Fly List and Selectee List, as well as
ensuring it is current and accurate. This letter is being sent to request the FBI, and any other
supporting agencies, conduct a complete and thorough audit of the No-Fly List and Selectee List
to ensure innocent American citizens are not wrongly included.
Our national terror database and watchlists have grown to larger numbers and are
continuing to cause due process problems for innocent individuals who have been added to
watchlists since September 11th. As of June 17, 2016, there were approximately 81,000 known
No-Fly List records and around 1,000 were U.S. citizens, according to answers from the FBI and
National Counterterrorism Center in a Congressional inquiry.
1 Over the years there have been
numerous examples of individuals, including prominent figures such as Congressman John
Lewis and Senator Edward Kennedy, who have faced significant hardship after they were
mistakenly added to the No-Fly List or Selectee List. These errors have a profound impact on
affected individuals that continue to this day, subjecting innocent, law-abiding Americans to
unnecessary scrutiny and distress. Furthermore, there is no meaningful process in place for
someone to challenge an error and clear their name, including the DHS Traveler Redress Inquiry
Program.
Over the years, these reports and stories of innocent doctors, professors, lawyers, and
others who have been added to the No-Fly List or Selectee List--including many individuals
from my district--have become far too common. Inaccuracies in the No-Fly List and Selectee
List are deeply concerning, leaving labeled Americans with lasting ramifications and no means
of addressing or challenging the validity of their status.2
The 12th Congressional District in Michigan is proudly home to one of the largest Arab
American population in the United States. These are the same communities who are consistently,
disproportionally impacted by watchlists and counterterrorism practices--and specifically the
No-Fly List and Selectee List. This is simply wrong and not in line with our American values.
In addition to completing this audit, please provide my office with the following
information and answers to the following questions:
1. The last official public numbers given to Congress on the No-Fly List are from 2016.
Please provide the latest accounting of total known No-Fly List records and those who
are U.S. citizens. Please do the same for the Selectee List, if possible.
2. Please provide further clarification on how often the No-Fly List and Selectee List is
reviewed and updated with the most accurate information.
3. Please provide any other additional information you can share, while respecting classified
information, regarding any policies or procedures the FBI, DHS, or Terrorist Screening
Center conducts to ensure the No-Fly List and Selectee List are accurate, as well as any
guidance that is provided to individuals or organizations seeking due process.
4. Finally, there are concerns within many communities and civil liberties group that the
No-Fly List--and other lists--are being shared with foreign governments and private
entities, such as businesses. Please provide any clarity you can share regarding the nature
of who these lists are shared with outside the U.S. government.
Thank you for your continued service and leadership to protect the American people and
the United States from acts of terrorism. Your job is critical to protecting our national security,
however these individuals deserve an opportunity for due process and an audit would provide an
avenue for an objective assessment of their inclusion on the No-Fly List and Selectee List. Each
and every American deserves to travel without living in fear of being wrongly targeted or
included on either of these lists. Thank you for your attention and consideration of this important
request.

Source