Posted by 05 September 2019
A federal judge for the Eastern District of Virginia has ruled that the federal government cannot keep a watch list of suspected terrorists.
In his decision, U.S. District Judge Anthony J. Trenga wrote:
An individual’s placement into the [list] does not require any evidence that the person engaged in criminal activity, committed a crime, or will commit a crime in the future and individuals who have been acquitted of a terrorism-related crime may still be listed.
The list is officially named the Terrorist Screening Database, and it contains over a million names of individuals that the Department of Homeland Security considers to have terrorist ties. This list is not the same as the “no-fly” list also compiled by the federal government (that list has also been ruled unconstitutional). Inclusion in this database triggers a higher level of scrutiny and government action. In recent years, some Democrats have pushed for legislation that would deny individuals on the list the right to purchase a firearm.
The 23 individuals who sued are all Muslim. They noted numerous instances of government actions that impeded their ability to travel, among other things. They alleged that they were not notified of their inclusion on the list nor were they given proper ways to challenge such an inclusion.
Judge Trenga agreed, noting that the list is based on subjective decisions and is error-prone. He concluded that the database violates the Constitution’s Due Process Clause and ordered the plaintiffs and the government to file briefs setting forward ways to remedy these problems.
Do you think the government should have a terrorist watch list? Should individuals on that list have special scrutiny when they travel or buy a gun?