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No-fly list used by FBI to coerce Muslims into informing, lawsuit claims | No-fly list used by FBI to coerce Muslims into informing, lawsuit claims |
(35 minutes later) | |
Naveed | Naveed |
Shinwari hasn’t seen his wife in 26 months. He suspects it’s because he | Shinwari hasn’t seen his wife in 26 months. He suspects it’s because he |
refused to become an informant for the FBI. | refused to become an informant for the FBI. |
In | In |
February 2012 Shinwari, who has lived in the US since he was 14, | |
flew to Afghanistan to get married. He says that before he could get home to Omaha, | flew to Afghanistan to get married. He says that before he could get home to Omaha, |
Nebraska, he was twice detained and questioned by FBI agents who | Nebraska, he was twice detained and questioned by FBI agents who |
wanted to know if he knew anything about national security threats. A | wanted to know if he knew anything about national security threats. A |
third FBI visit followed when he got home. | third FBI visit followed when he got home. |
The | The |
following month, after Shinwari bought another plane ticket for a | following month, after Shinwari bought another plane ticket for a |
temporary job in Connecticut, he couldn’t get a boarding pass. Airport | temporary job in Connecticut, he couldn’t get a boarding pass. Airport |
police told him he had been placed on the US no-fly list, although he | police told him he had been placed on the US no-fly list, although he |
had never in his life been accused of breaking any law. Another FBI | had never in his life been accused of breaking any law. Another FBI |
visit soon followed, with agents wanting to know about the “local Omaha | visit soon followed, with agents wanting to know about the “local Omaha |
community, did I know anyone who’s a threat”, he says. | community, did I know anyone who’s a threat”, he says. |
“I’m | “I’m |
just very frustrated, [and I said] what can I do to clear my name?” | just very frustrated, [and I said] what can I do to clear my name?” |
recalls Shinwari, 30. “And that’s where it was mentioned to me: you | recalls Shinwari, 30. “And that’s where it was mentioned to me: you |
help us, we help you. We know you don’t have a job; we’ll give you | help us, we help you. We know you don’t have a job; we’ll give you |
money.” | money.” |
Shinwari | Shinwari |
is one of four American Muslims in a new lawsuit who accuse the FBI of | is one of four American Muslims in a new lawsuit who accuse the FBI of |
placing them on the no-fly list, either to intimidate them into becoming | placing them on the no-fly list, either to intimidate them into becoming |
informants or to retaliate against them for declining. | informants or to retaliate against them for declining. |
Filed | Filed |
on Tuesday night in the US district court for the southern district of | on Tuesday night in the US district court for the southern district of |
New York, the case accuses the US attorney general, Eric Holder, the FBI director, James Comey, the homeland security secretary, Jeh Johnson, and two dozen FBI | New York, the case accuses the US attorney general, Eric Holder, the FBI director, James Comey, the homeland security secretary, Jeh Johnson, and two dozen FBI |
agents of creating an atmosphere in which Muslims who are not accused of | agents of creating an atmosphere in which Muslims who are not accused of |
wrongdoing are forbidden from flying, apparently as leverage to get | wrongdoing are forbidden from flying, apparently as leverage to get |
them snitching on their communities. | them snitching on their communities. |
Their | Their |
lawsuit seeks not only the plaintiffs’ removal from the no-fly list but also the establishment of a more robust legal mechanism to contest | lawsuit seeks not only the plaintiffs’ removal from the no-fly list but also the establishment of a more robust legal mechanism to contest |
placement upon it. | placement upon it. |
“This | “This |
policy and set of practices by the FBI is part of a much broader set of | policy and set of practices by the FBI is part of a much broader set of |
policies that reflect overpolicing in Muslim-American communities,” | policies that reflect overpolicing in Muslim-American communities,” |
said Diala Shamis, one of the lawyers for the four plaintiffs. | said Diala Shamis, one of the lawyers for the four plaintiffs. |
In | In |
recent years Muslim community leaders in the US have stated that they | recent years Muslim community leaders in the US have stated that they |
feel law enforcement at times considers them a target, particularly | feel law enforcement at times considers them a target, particularly |
thanks to mosque infiltrations and other surveillance practices. Material demonizing Muslims and Islam has been present in FBI counter-terrorism training, which the bureau has conceded was inappropriate. The New York police department recently shut down a unit tasked with spying on Muslim businesses, mosques and community centers in New York and New Jersey. | thanks to mosque infiltrations and other surveillance practices. Material demonizing Muslims and Islam has been present in FBI counter-terrorism training, which the bureau has conceded was inappropriate. The New York police department recently shut down a unit tasked with spying on Muslim businesses, mosques and community centers in New York and New Jersey. |
Like | Like |
his co-plaintiffs Shinwari does not know for sure that the FBI | his co-plaintiffs Shinwari does not know for sure that the FBI |
deliberately placed him on the no-fly list as either a punitive measure | deliberately placed him on the no-fly list as either a punitive measure |
or a pressure tactic. | or a pressure tactic. |
Their four stories differ in important respects. | Their four stories differ in important respects. |
Jameel Algibhah of the Bronx alleges that the FBI explicitly asked him | Jameel Algibhah of the Bronx alleges that the FBI explicitly asked him |
to infiltrate a Queens mosque and pose as an extremist in online forums. | to infiltrate a Queens mosque and pose as an extremist in online forums. |
But they have in common an allegation of an implied quid pro quo. “We’re | But they have in common an allegation of an implied quid pro quo. “We’re |
the only ones who can take you off the list,” an unnamed FBI agent who | the only ones who can take you off the list,” an unnamed FBI agent who |
wanted Algibhah to inform to is alleged to have told him. | wanted Algibhah to inform to is alleged to have told him. |
Their case follows at least one other, brought by the ACLU in Oregon, | Their case follows at least one other, brought by the ACLU in Oregon, |
that alleges the FBI attempted to leverage no-fly selectees into | that alleges the FBI attempted to leverage no-fly selectees into |
informants. That case also challenges as insufficient the process afforded to | informants. That case also challenges as insufficient the process afforded to |
people seeking to remove themselves from the list. | people seeking to remove themselves from the list. |
Shinwari, | Shinwari, |
who now lives in Connecticut and works for a temp agency, has not | who now lives in Connecticut and works for a temp agency, has not |
attempted to return to Afghanistan to see his wife. While he was able to | attempted to return to Afghanistan to see his wife. While he was able to |
board a flight last month, he wonders if he received a reprieve from | board a flight last month, he wonders if he received a reprieve from |
the no-fly list that the FBI offered to him in 2012 as enticement. | the no-fly list that the FBI offered to him in 2012 as enticement. |
Repeated attempts to formally remove himself from the list resulted in | Repeated attempts to formally remove himself from the list resulted in |
vague and inconclusive notifications from the government – which he, | vague and inconclusive notifications from the government – which he, |
his co-plaintiffs and his lawyers contend feeds into the problem. | his co-plaintiffs and his lawyers contend feeds into the problem. |
The | The |
no-fly list is among the most opaque post-9/11 measures. It is maintained | no-fly list is among the most opaque post-9/11 measures. It is maintained |
by the FBI and implemented at airports by the Department of Homeland | by the FBI and implemented at airports by the Department of Homeland |
Security. Few know they’ve been placed on it, and those who do face a | Security. Few know they’ve been placed on it, and those who do face a |
complicated redress process to have themselves removed. The new | complicated redress process to have themselves removed. The new |
lawsuit alleges that the opacity contributes to watchlist abuse. | lawsuit alleges that the opacity contributes to watchlist abuse. |
According | According |
to the FBI’s Terrorist Screening Center, which maintains the list, | to the FBI’s Terrorist Screening Center, which maintains the list, |
there were approximately 16,000 people, fewer than 500 of them | there were approximately 16,000 people, fewer than 500 of them |
Americans, on the no-fly list as of September 2011. | Americans, on the no-fly list as of September 2011. |
A | A |
larger pool of data that feeds the no-fly list and other government | larger pool of data that feeds the no-fly list and other government |
watchlists, known as the Terrorist Screening Database, contemporaneously | watchlists, known as the Terrorist Screening Database, contemporaneously |
contained records of 420,000 people. Famously it included Nelson Mandela until 2008. The government’s policy is to not to confirm or deny someone’s placement upon a watchlist. | contained records of 420,000 people. Famously it included Nelson Mandela until 2008. The government’s policy is to not to confirm or deny someone’s placement upon a watchlist. |
Several | Several |
earlier lawsuits have attempted to get people off the no-fly list. In | earlier lawsuits have attempted to get people off the no-fly list. In |
February Rahinah Ibrahim became the first since 9/11 to win such a case, after | February Rahinah Ibrahim became the first since 9/11 to win such a case, after |
demonstrating that the FBI adder her name by mistake. She had been unable to fly since 2004. | demonstrating that the FBI adder her name by mistake. She had been unable to fly since 2004. |
The | The |
criteria for inclusion on the list are unclear. In a March 2011 | criteria for inclusion on the list are unclear. In a March 2011 |
federal court filing Christopher Piehota, the current director of the | federal court filing Christopher Piehota, the current director of the |
Terrorist Screening Center, affirmed that FBI agents could nominate | Terrorist Screening Center, affirmed that FBI agents could nominate |
candidates to it. | candidates to it. |
Inclusion | Inclusion |
on the broader Terrorist Screening Database depends upon “whether there | on the broader Terrorist Screening Database depends upon “whether there |
is reasonable suspicion to believe that a person is a known or | is reasonable suspicion to believe that a person is a known or |
suspected terrorist”, Piehota, then the deputy director of the Terrorist | suspected terrorist”, Piehota, then the deputy director of the Terrorist |
Screening Center, told the eastern district court of Virginia. | Screening Center, told the eastern district court of Virginia. |
“Mere | “Mere |
guesses or ‘hunches,’ or the reporting of suspicious activity alone is | guesses or ‘hunches,’ or the reporting of suspicious activity alone is |
not enough to constitute a reasonable suspicion and are not sufficient | not enough to constitute a reasonable suspicion and are not sufficient |
bases to watchlist an individual.” Audits and other quality control | bases to watchlist an individual.” Audits and other quality control |
measures were periodic, Piehota told the court. | measures were periodic, Piehota told the court. |
An ACLU study last month challenged that criterion. “It is not at all clear what separates a reasonable-suspicion-based-on-a-reasonable-suspicion | An ACLU study last month challenged that criterion. “It is not at all clear what separates a reasonable-suspicion-based-on-a-reasonable-suspicion |
from a simple hunch,” it said, calling inclusion on a | from a simple hunch,” it said, calling inclusion on a |
government watchlist a potentially “life-altering” experience. | government watchlist a potentially “life-altering” experience. |
A redress system | A redress system |
for thwarted travelers was operated by the Department of Homeland Security and referred complaints to the FBI, Piehota further affirmed. A | for thwarted travelers was operated by the Department of Homeland Security and referred complaints to the FBI, Piehota further affirmed. A |
subsequent records check determined “whether the complainant’s current | subsequent records check determined “whether the complainant’s current |
status in the TSDB [Terrorist Screening Database] is suitable based on | status in the TSDB [Terrorist Screening Database] is suitable based on |
the most current, accurate and thorough information available”. | the most current, accurate and thorough information available”. |
The | The |
process was entirely internal, with DHS informing the would-be traveler | process was entirely internal, with DHS informing the would-be traveler |
what the system had determined “without disclosing the traveler’s status | what the system had determined “without disclosing the traveler’s status |
in the TSDB”, Piehota said. | in the TSDB”, Piehota said. |
A | A |
study by the justice department’s inspector general, partially | study by the justice department’s inspector general, partially |
declassified on 25 March, painted a mixed picture of the FBI’s | declassified on 25 March, painted a mixed picture of the FBI’s |
watchlisting processes. “Subjects | watchlisting processes. “Subjects |
of closed terrorism investigations were removed from the watchlist when | of closed terrorism investigations were removed from the watchlist when |
the case was closed,” it found, but it noted the FBI was “not timely in | the case was closed,” it found, but it noted the FBI was “not timely in |
submitting watchlist nomination and removal packages for individuals | submitting watchlist nomination and removal packages for individuals |
not under investigation by the FBI”. In such cases it took the FBI a | not under investigation by the FBI”. In such cases it took the FBI a |
median of 78 days to remove people from the lists. | median of 78 days to remove people from the lists. |
“Because | “Because |
non-investigative subjects may be retained on the watchlist for an | non-investigative subjects may be retained on the watchlist for an |
extended period of time, this subset of watchlist practices will | extended period of time, this subset of watchlist practices will |
continue to grow throughout the years,” the inspector general’s report | continue to grow throughout the years,” the inspector general’s report |
said. | said. |
The FBI declined to comment on the allegations in the new lawsuit. | The FBI declined to comment on the allegations in the new lawsuit. |
Shinwari said his placement on the no-fly list and his dealings with the FBI had a chilling effect. “I | Shinwari said his placement on the no-fly list and his dealings with the FBI had a chilling effect. “I |
don’t want to open up to people any more, or express myself politically | don’t want to open up to people any more, or express myself politically |
or otherwise. It’s definitely had an effect on me participating in my | or otherwise. It’s definitely had an effect on me participating in my |
local mosque,” he said. | local mosque,” he said. |
“I | “I |
just want to see some changes to this process, and openness and | just want to see some changes to this process, and openness and |
transparency would be good. That’s what Obama originally ran for." | transparency would be good. That’s what Obama originally ran for." |