No Fly List

No Fly List

Company type	Government database
Industry	Transportation security, aviation security
Founded	2001
Founder	United States federal government
Headquarters	United States
Area served	United States (domestic and international flights through U.S. airspace)
Owner	U.S. federal government (Threat Screening Center)

The No Fly List is curated by the U.S. federal government's Threat Screening Center (TSC) and serves as one of several databases utilized by the Transportation Security Administration's Secure Flight initiative and commercial airlines to decide who is permitted to board flights. This list, maintained by the TSC, restricts individuals from boarding commercial flights traveling within, into, or departing from the United States. Additionally, it has been employed to reroute aircraft passing through U.S. airspace even when their origin or destination lies outside the country. The number of entries on the list varies according to evolving threat evaluations; for example, it reportedly contained around 16,000 names in 2011 and fluctuated in subsequent years.

Created in response to the September 11 attacks of 2001, the No Fly List was developed alongside the Secondary Security Screening Selection system, which identifies passengers requiring extra scrutiny. These lists—the No Fly List, Selectee List, and Terrorist Watch List—were initiated during George W. Bush's administration and have been maintained through the tenures of Barack Obama, Donald Trump, and Joe Biden. In May 2010, former chair of the Senate Intelligence Committee, Dianne Feinstein, described the No Fly List as "one of our best lines of defense." Despite its security purpose, the list has drawn criticism concerning civil rights and due process issues, including allegations of profiling based on ethnicity, religion, socioeconomic status, politics, or race. Privacy concerns and government transparency have also been points of contention, alongside challenges related to erroneous inclusions.

It is important to distinguish the No Fly List from the broader Terrorist Watch List—a comprehensive database encompassing individuals suspected of involvement in terrorism-related activities. As of June 2014, this watchlist held over 2.48 million entries corresponding to approximately 1.88 million unique individuals.

History

Prior to the events of September 11, 2001, the United States federal government maintained a list of 16 individuals classified as "no transport" due to specific threats against aviation. Following the attacks, this list expanded significantly, surpassing 400 names by November 2001, at which point oversight transferred to the Federal Aviation Administration (FAA). By mid-December 2001, two distinct lists were created: the "No Fly List," which prohibited 594 individuals from flying, and the "Selectee" list, comprising 365 people subjected to intensified airport screening procedures. By 2002, the combined total of these lists exceeded one thousand entries and continued to grow, reaching approximately by April 2005. For more than two years, both the Federal Bureau of Investigation (FBI) and the Transportation Security Administration (TSA) denied the program's existence.

In 2004, former Senator Edward Kennedy was erroneously prevented from boarding a flight due to sharing a name with an alias on the No Fly List. Critics pointed out that political adversaries and activists were occasionally included on the list. However, in June 2016, Timothy Healy, who formerly directed the FBI Terrorist Screening Center, clarified that Kennedy's detention resulted from an airline mistake rather than the No Fly List itself. In October 2006, 60 Minutes exposed a leaked list from March 2006 containing names.

Numerous individuals encountered difficulties stemming from name matches on these lists; by November 2005, TSA had received complaints related to mistaken identity through airline name-matching systems. In January 2006, a federal lawsuit filed under the Freedom of Information Act culminated in a $200,000 settlement and greater openness regarding criteria for inclusion on the lists. TSA subsequently implemented an ombudsman process enabling affected persons to submit verification forms to distinguish themselves from others sharing similar names.

By April 2007, the consolidated terrorist watch list overseen by the FBI's Terrorist Screening Center held records and was increasing at a rate exceeding 20,000 entries each month. The ACLU estimated that by 2008 the list contained over one million names. Nevertheless, in October 2008 Homeland Security Secretary Michael Chertoff reported that the No Fly List itself included only names, with an additional "selectees" subjected to enhanced screening but permitted to travel.

As of 2011, approximately 10,000 individuals were listed on the No Fly List; this number more than doubled to around 21,000 by 2012 as its scope expanded beyond aviation-related threats. A leak in 2013 revealed over 47,000 names on the list; by 2016 Senator Dianne Feinstein disclosed that it encompassed roughly 81,000 individuals.

Moreover, a confidential US-Canada anti-terrorism database known as "Tuscan" contains information on about 680,000 persons connected to terrorism. Established in 1997 initially as a consular support tool and broadened after 9/11 and further in 2016, Tuscan draws data from the US Terrorist Identities Datamart Environment (Tide), which is vetted by the FBI's Terrorist Screening Center and shared with Canadian and Australian intelligence partners.

Weapons purchases by listed persons (No Fly No Buy)

A report published in 2010 by the Government Accountability Office revealed that federal law does not prohibit members of terrorist organizations from acquiring firearms or explosives; furthermore, individuals on the No Fly List are not legally barred from purchasing weapons. Data collected by GAO indicated that between 2004 and 2010, those on terrorism watch lists attempted over 1,400 purchases of guns and explosives and succeeded in more than 90% of these attempts.

Senator Frank Lautenberg persistently introduced legislation aimed at preventing persons on terror watch lists from buying firearms or explosives; however, these proposals did not pass. After the November 2015 Paris attacks, Senator Dianne Feinstein renewed efforts to enact such restrictions with backing from President Barack Obama.

Opposition came from Republicans such as Senate Homeland Security Committee chair Ron Johnson and former House Speaker Paul Ryan, who cited concerns regarding due process rights and questions about effectiveness. Republican lawmakers have consistently blocked attempts to attach these provisions to broader legislation.

The American Civil Liberties Union opposes prohibiting weapon sales based solely on inclusion in the current No Fly List due to constitutional due process concerns related to inadequate government redress mechanisms that lack meaningful notice or impartial hearings.

In December 2015, Feinstein’s amendment seeking to prevent individuals on terror watch lists from purchasing firearms was defeated in the Senate by a vote of 45-54. Subsequently, Senate Majority Whip John Cornyn proposed a compromise allowing the attorney general up to a 72-hour delay on gun purchases by listed individuals—potentially leading to permanent bans if probable cause is established—but this measure also failed with a vote of 55-45 along largely partisan lines.

Vulnerabilities

In the United States, airport security protocols mandate that travelers present a valid photo identification—such as a passport or driver's license—together with their boarding pass prior to entering the boarding area. Security personnel verify that the name on the ID matches the one on the boarding pass but do not retain a record of this verification. This system relies on three key assumptions: first, that the ticket was purchased under the passenger’s true identity (cross-checked against the No Fly List); second, that the boarding pass is authentic; and third, that the identification presented is genuine. However, print-at-home boarding passes are susceptible to forgery, making it possible for malicious actors to acquire tickets under someone else’s name, gain access to terminals using a legitimate ID paired with a counterfeit boarding pass, and board flights assigned to another individual. A 2007 inquiry further uncovered that blatantly fraudulent IDs could be used when obtaining boarding passes and passing through departure checkpoints, enabling individuals listed on the No Fly List to travel under false identities.

False positives

A false positive situation arises when a traveler not included on the No Fly List shares an identical or similar name with someone who is. Passengers affected by this are denied boarding unless they can verify their true identity—often by providing supplementary identification that includes middle names or birthdates. Some individuals have experienced denied boarding or missed flights due to difficulties in proving they do not correspond to those flagged.

Notable cases

Reported instances of false positives and related abuses include:

• Numerous infants, some less than one year old, have triggered false positive alerts.
• In 2006, Daniel Brown, a U.S. Marine reservist returning from Iraq, was barred from boarding because his name matched one on the No Fly List.
• David Fathi, an attorney with the ACLU of Iranian heritage and plaintiff in an ACLU lawsuit, was detained as his name appeared on the list.
• Asif Iqbal, a Pakistani-born U.S. legal resident and management consultant, has repeatedly been detained due to sharing a name with a former Guantanamo detainee; he advocates for improved verification methods beyond mere name checks.
• Robert J. Johnson, a surgeon and former Army lieutenant colonel who ran for Congress in 2006, was informed he was on the list—raising concerns about potential political targeting.
• Senator Ted Kennedy was mistakenly listed due to an alias used by suspected terrorists; it required weeks of appeals to have his name removed, underscoring difficulties faced by ordinary citizens.
• Former Congressman John Lewis was stopped multiple times because of his listing.
• Canadian journalist Patrick Martin endured frequent interrogations after sharing a name with an alleged IRA bombmaker.
• Princeton professor Walter F. Murphy was denied boarding in 2007 following his outspoken public criticism, highlighting possible political profiling.
• Actor David Nelson encountered complications due to others flagged under his name.
• Jesselyn Radack, former Department of Justice ethics adviser and whistleblower, believes her inclusion on the list was retaliatory.
• Pop musician Cat Stevens (Yusuf Islam) was refused entry into the U.S. in 2004 after being placed on the list.
• Senator Ted Stevens reported that his wife underwent questioning owing to a name similarity with Cat Stevens.
• Congressman Don Young was mistakenly flagged in 2004 because of a name resemblance.
• Federal Air Marshals have been denied boarding flights they were assigned to protect due to matching names on the list.
• In 2008, an airline captain and retired Air National Guard brigadier general experienced repeated security delays linked to their names appearing on the list.
• A Canadian businessman changed his name to avoid continuous airport delays caused by false matches.
• In 2008, Maryland State Police designated 53 nonviolent activists as terrorists in databases following surveillance operations targeting opponents of capital punishment and the Iraq War.
• In 2009, TSA prevented an Air France flight carrying Colombian journalist Hernando Calvo Ospina from traversing U.S. airspace because he appeared on the list.
• Human rights advocate Paul-Emile Dupret was barred from entering U.S. airspace aboard an Air France flight in 2009.
• Bollywood actor Shah Rukh Khan underwent extensive questioning in 2009 after his name triggered alerts while promoting a film addressing racial profiling.
• Muslim American Yahya Wehelie was stranded overseas in 2010 due to no-fly restrictions but later returned under a federal waiver following legal intervention.
• A U.S. citizen studying abroad in Yemen was denied re-entry through Mexico and had to return via Colombia because of listing issues.
• Michael Migliore, a Muslim convert holding dual U.S.-Italian citizenship, was detained in the UK after traveling by train and cruise ship since flying was not permitted; authorities confiscated his electronic devices.
• Abe Mashal, a Muslim U.S. Marine veteran placed on the list in 2010 without explanation, reportedly faced FBI attempts at recruitment as an informant under threat of prolonged listing; he is part of a class-action lawsuit challenging the list’s legality and has shared his story publicly through media appearances and his book "No Spy No Fly."
• A 2002 report indicated that priests, nuns, Green Party members, journalists, activists, and Arab or Arab-American individuals were disproportionately affected by this program. Art dealer Doug Stuber experienced repeated travel interruptions over two years before being cleared.

These examples demonstrate both operational difficulties and significant civil liberties issues connected with enforcing the No Fly List.

DHS Traveler Redress Inquiry Program

The DHS Traveler Redress Inquiry Program (TRIP) provides assistance to individuals who experience travel delays, boarding denials, or heightened security checks due to possible matches on government watch lists. Travelers initiate the process by submitting an online application along with identification documents through the Department of Homeland Security portal. The DHS then examines the records and informs applicants if any amendments have been made.

Upon completion, applicants receive a "Redress Control Number," which airlines use within their reservation systems to verify traveler identity. Although TRIP helps airlines differentiate between genuine travelers and those flagged on the No Fly List after verifying documents, it does not reinstate access to online or automated check-in options.

Nevertheless, TRIP offers only limited assistance for individuals erroneously included on the No Fly List, as the specific reasons for their placement often remain confidential.

2023 leak

On January 19, 2023, Swiss hacker maia arson crimew obtained 2019 versions of the No Fly List containing 1.56 million entries and the Selectee List with 250,000 entries from an unsecured Amazon Web Services cloud server operated by CommuteAir.

A 2024 review of a redacted version of this leaked data revealed notable disproportionate representation of certain ethno-religious groups on the No Fly List.

Controversy and criticism

The American Civil Liberties Union (ACLU) has persistently condemned the No Fly List for its failure to notify individuals placed on it, arguing that the government does not provide constitutionally sufficient procedures for contesting inclusion. The ACLU underscores constitutional issues, particularly highlighting the social stigma and travel restrictions imposed on U.S. citizens labeled as suspected terrorists.

Opposition has also arisen regarding the incorporation of credit reports in risk score calculations. In response, officials from the Transportation Security Administration (TSA) in 2005 affirmed that credit scores would not be utilized for risk assessments and assured protection of rights under the First and Fourth amendments.

A report by the Congressional Government Accountability Office criticized the CAPPS II initiative as incomplete, delayed, and inadequate in resolving critical developmental, operational, and privacy challenges. Consequently, on July 14, 2004, TSA announced CAPPS II’s cancellation prior to full testing. Observers suggest TSA redirected efforts toward a less contentious "Registered Traveler" program. Additionally, TSA began piloting "Secure Flight" to overcome CAPPS I limitations while addressing privacy concerns associated with CAPPS II.

In January 2009, analyst Marcus Holmes estimated that total expenditures on the program since 9/11 reached $536 million and could approach $1 billion, raising questions about whether its benefits justify such costs.

The data breach in 2023 renewed apprehensions about the No Fly List’s security measures. Critics contend that if removal or appeals from the list remain impractical, legislative focus should shift toward enhancing federal data protection to avert future leaks.

Litigation

On April 6, 2004, the American Civil Liberties Union initiated a nationwide class-action lawsuit contesting the government's No Fly List, asserting that numerous innocent travelers were mistakenly identified as terrorists without any means to challenge their designation. This lawsuit concluded in 2006 with the government agreeing to cover $200,000 in legal fees and to disclose hundreds of documents related to the secretive list implemented after the events of September 11, 2001. Subsequently, on August 5, 2010, the ACLU filed a further suit representing 14 individuals disputing their inclusion on the list. In June 2014, U.S. District Judge Anna J. Brown characterized air travel as a "sacred" constitutional right and mandated reforms to the government's appeal procedures.

A significant case involved Malaysian scholar Rahinah Ibrahim, whose removal from the No Fly List was upheld by the Ninth Circuit Court of Appeals in 2008. Her trial commenced in December 2013 after it was uncovered that her listing stemmed from an FBI clerical mistake. In January 2014, Judge William Alsup affirmed her right to bring legal action and ordered disclosure of her status on the list. Represented by McManis Faulkner of San Jose, Ibrahim received $400,000 in court-related expenses; in 2019, the Ninth Circuit ruled she was entitled to most of her attorneys' requested fees and called for additional examination of government behavior.

U.S. citizen Gulet Mohamed was added to the No Fly List as a minor in 2011 while abroad in Kuwait, which prevented his timely return before his visa expired. During his detention by Kuwaiti officials, he reportedly endured torture and faced deportation that was halted due to his No Fly status. Legal action filed on his behalf eventually enabled his return to the United States, with courts rejecting government motions to dismiss and permitting the case to advance toward trial.

In 2015, Oregon resident Yonas Fikre brought suit against the FBI for damage to reputation and violations of due process following his placement and subsequent removal from the No Fly List. In September 2023, the U.S. Supreme Court consented to review the FBI's appeal concerning this matter.

International no fly lists

Canada maintains its own no fly list under the Passenger Protect initiative, which incorporates intelligence from both national and international sources, including data from the U.S. No Fly List. This registry typically contains between 500 and 2,000 names.

Moreover, Canada employs the "Tuscan" (Tipoff US/Canada) database accessible by all border security personnel and immigration officers. Unlike the airport-restricted no-fly list, Tuscan is utilized at land and maritime borders as well as during visa and immigration procedures, empowering officials to detain, question, arrest, or refuse entry to individuals listed.

In Pakistan, a similar control mechanism exists known as the Exit Control List.

See also

• Computer Assisted Passenger Prescreening System
• FBI Index
• Hollywood blacklist
• Interpol Terrorism Watch List
• Office of Foreign Assets Control

Sources

• "Homeland Insecurity: Why 'No-Fly' Just Doesn't Fly" by Randall Amster, Truthout, February 3, 2010.
• "Meet Mikey, 8: U.S. Has Him on Watch List," New York Times, January 14, 2010.
• "Unlikely Terrorists On No Fly List," 60 Minutes, October 8, 2006.
• ACLU Challenges Government No-Fly List
• Michelle D. Green et al., Plaintiffs v. Transportation Security Administration, American Civil Liberties Union, April 6, 2004.
• "1,600 are Suggested Daily for FBI's List" by Walter Pincus, Washington Post, November 1, 2009.
• Plaintiff in ACLU Suit Challenging Government No-Fly List Describes Struggle – video report by Democracy Now!
• Jeffrey Kahn, Mrs Shipley's Ghost: The Right to Travel and Terrorist Watchlists, University of Michigan Press, 2013.

External links

• "Terrorist Screening Center", official FBI website
• "Terrorist Watchlist Checks and Air Passenger Prescreening", Congressional Research Service, December 30, 2009
• "Terrorist Watch List Screening and Background Checks for Firearms", Congressional Research Service, May 1, 2013