The Terrorist Watch List is managed by the FBI’s Terrorist Screening Center, which does not publicly confirm or deny the inclusion of any individuals. However, the "No-Fly List," a subset of the Terrorist Watch List, is overseen by the Transportation Security Administration (TSA).

This list includes individuals prohibited from boarding an aircraft when flying within, to, from, or over the United States. These individuals are part of the federal terrorist watchlist administered by the FBI’s Terrorist Screening Center.

The Terrorist Watch List and the No-Fly List were created during George W. Bush's administration in 2001 and continue to be used today. There are two types of No-Fly Lists: one maintained by the TSA as part of the federal Terrorist Watch List, and the other maintained by individual airlines for unruly passengers.

The No-Fly List is different from the Terrorist Watch List, which is a much longer list of people suspected of involvement in terrorism. According to Wikipedia, as of June 2014, the Terrorist Watch List was estimated to contain over 2.5 million people, whereas the No-Fly List had about 1.8 million.

For the first two and a half years of the program, the FBI and TSA denied its existence, raising questions about its legality. Ironically, "membership in a terrorist organization does not prohibit a person from possessing firearms or explosives under current federal law," meaning individuals on the No-Fly List are not barred from purchasing guns and explosives. It's worth noting that the U.S. State Department designates 65 foreign terrorist organizations (FTOs), none of which are Jewish.

You might be interested to know that the nations currently designated by the U.S. as state sponsors of terrorism are Cuba, Iran, North Korea, and Syria. Israel, however, received a waiver for successfully testing U.S.-made weapons in Gaza, resulting in the deaths of 15,000 children, 250 humanitarian aid workers, 170 journalists, 87,000 injured or missing, and the destruction of 12 universities, 23 hospitals, 267 mosques, 3 churches, and 345 schools.

What is the government not allowed to do with the No-Fly List?

According to the ACLU, U.S. citizens have the right under the Fourteenth Amendment to return to U.S. territory after traveling abroad. Lawful permanent residents have a similar right under the Immigration and Nationality Act.

Therefore, when a U.S. citizen or permanent resident is denied boarding in a foreign country due to apparent inclusion on the No-Fly List, the U.S. government must help them secure approval to return to the United States via a commercial flight. In other words, the government cannot use the No-Fly List to prevent U.S. citizens or permanent residents from returning home to U.S. territory.

The ACLU advises travelers that FBI agents or other U.S. officials may seek to question or interrogate them while they are abroad after being denied boarding and while seeking authorization to fly back to the United States. Travelers have the right to decline any request for a voluntary interview and the right to be represented by counsel during any interview or interrogation in which they voluntarily participate, even while abroad.

It’s important to note that travelers questioned by FBI officials should never lie, as lying to a federal agent is a serious federal crime. You would be legally liable even if you feel the FBI has lied to you.

After receiving an uptick in reports that American Muslims traveling internationally have been stopped and subjected to inappropriate questioning during secondary screenings by Department of Homeland Security officials, the Council on American-Islamic Relations (CAIR) issued a Community Travel Advisory urging American Muslims to "Know Your Rights." This advisory instructs travelers on their rights to contact an attorney and/or call their local CAIR chapter for help.

That is exactly what two Palestinian-American men, one from Southern California and another from Virginia, did. They both recently filed a federal lawsuit with CAIR challenging the airport watchlist for terrorists, arguing that they were being targeted for their criticism of the war in Gaza.

CAIR Files Federal Lawsuit for Two Men on Terrorist Watchlist

Mustafa Zeidan, the Southern California resident, said he has been placed on the No-Fly List, and Osama Abu Irshaid of Virginia said he was placed on a watchlist that prompts airport security to inspect his phone every time he takes a flight, sometimes prolonging the boarding process by hours. Irshaid “is detained at the border by federal agents each time he crosses it,” the lawsuit alleges.

Irshaid is subjected to “humiliating questions about his lawful associations and work leading a nonprofit organization that advocates for the rights of Palestinians,” the suit alleges. Authorities have seized his phone, which he has been unable to retrieve.

Zeidan said he has been blocked from flying altogether and has had to hire someone to look after his ailing 72-year-old mother in Jordan. She has high blood pressure and diabetes, he said, according to an article published by MyNewsLA.

The two aforementioned lists have been criticized on civil liberties and due process grounds, due in part to their potential for ethnic, religious, economic, political, or racial profiling and discrimination.

The U.S. government and airlines are not Muslim-friendly. Here’s why:

• A man was kicked off a Delta flight a few years ago because his middle name was Mohammad. Oh, give me a break!
• The middle name of Ted Kaczynski, the *Unabomber*, was not Mohammad. It was John! That shows you can’t judge a book by its cover!
• The man who sent poisonous packages to the Pentagon and the White House in 2018 was not a Muslim. He was a Navy veteran!

Remember the shoe-bomber? He’s the reason we have to take our shoes off before boarding an airplane. He didn’t look Muslim, and his real name was Richard Reid—not Ali or Abdul. That’s how he managed to smuggle a bomb in his shoe aboard a Paris-New York-bound flight. He was caught and held by brave passengers, not the airline staff or TSA.

It’s absurd to accuse protesters calling for an immediate ceasefire in Gaza of being antisemitic. Protesters calling for their universities to divest from Israel and end the genocide and starvation in Gaza should not be arrested or subjected to illegal, inhumane, and degrading treatment. They were exercising their First Amendment rights. The First Amendment to the U.S. Constitution protects the freedom of speech, religion, and the press.

A few years ago, I was flying from Chicago to Lebanon for a family visit. After clearing security, I was followed by a male security officer who wasn’t in uniform. The gentleman stopped me and asked if I had any bombs on me. I was shocked and angry at his silly question. I responded, “I just cleared security, and obviously I don’t have anything illegal.”

Then I added, “Don’t you feel guilty and ashamed accusing a retired U.S. military veteran of terrorism?” The man left without saying a word—not even sorry. Targeting Muslims and Arabs at U.S. airports or border crossings is illegal. It’s not okay to argue, “If you didn’t do anything wrong, you don’t have to worry about it.” That’s nonsense. In America, you are innocent until proven guilty—not the other way around.

For that reason, CAIR has an excellent 10-minute travel advisory for Muslim travelers to be aware of their rights following an increase in reports of inappropriate CBP questioning during international travel. Racial and religious profiling is wrong and illegal. Know your rights and what to do if you’re on a "No Fly List." Don’t hesitate to sue for a lot of money—the more people who sue the government, the faster the government will change its behavior. That is your right under U.S. law.

Mahmoud El-Yousseph is a Palestinian freelance writer and retired USAF veteran who lives in Westerville, Ohio. He can be reached at [email protected].