Like a number of “War on Terror” measures, the Terrorist Screening Database’s unconstitutionality was obvious from the jump
) was brought by 23 Muslim-Americans who complained of a “range of adverse consequences.” Plaintiffs complained of being repeatedly handcuffed at the border, searched, denied access to flights, and other issues.
As a result, few cared about the long-term implications of giving the state power to informally tab people terrorists, before blasting out to 18,000 different entities, including schools, embassies, and potential employers. The mere fact of the list gave federal authorities enormous power. One whiff of a person’s name near the “known or suspected” terror roster would be enough to end applications for FAA or transportation licenses, hazmat permits, access to military bases, and a variety of government or private sector jobs or education opportunities.
When the complainant is a match to someone on the watchlist, the complaint goes to the “TSC Redress Office,” which would then conduct an internal review and send the complainant a determination letter that, no matter what, would not inform the person if they were or were not on the list. Want to claim the government is violating disclosure rules under the FOIA law? You might have a problem if you can’t prove what’s being rebuffed in a FOIA request. Want to contest your inclusion on the No-Fly List, or the TSDB? It’s a problem if you don’t even know for sure you’re on it..
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