Federal judge rules terror watchlist violates constitutional rights

A federal judge on Wednesday ruled that the Terrorist Screening Database, which contains the names of people designated as "known or suspected terrorists," violates the rights of American citizens on the watchlist.

In 2017, there were about 1.2 million people on the list, which is maintained by the FBI's Terrorist Screening Center and used by several agencies; roughly 4,600 were U.S. citizens. People on the watchlist can have their travel restricted, and they go through more scrutiny at airports. The FBI and Department of Homeland Security use the database to screen potential terrorism suspects, but Judge Anthony Trenga in Virginia found that "the risk of erroneous deprivation of plaintiffs' travel-related and reputational liberty interests is high, and the currently existing procedural safeguards are not sufficient to address that risk."

The lawsuit was filed by 19 U.S. citizens who said they had been detained and harassed while trying to enter the United States, and did not know why they were on the list. They argued that their due process rights were violated, and Trenga said that the way things are now, their rights are not protected. He asked the Justice Department and plaintiffs' lawyers to submit briefings on "what kind of remedy can be fashioned to adequately protect a citizen's constitutional rights while not unduly compromising public safety or national security."

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