Roberta Aguirre
The US government maintains a watchlist system that is shared with various federal agencies, state and local law enforcement agencies, and even foreign governments. The Terrorist Screening Center (TSC) of the FBI maintains the consolidated terrorism watchlist, which includes the No Fly List. The TSC's No Fly List is a list of people prohibited from boarding commercial flights to, from, or within the US. The No Fly List is one of several lists used by government agencies and airlines to decide who to allow on flights. The US Customs and Border Protection and the Transportation Security Administration are among the agencies that use the watchlist for aviation security.
| Characteristics | Values |
|---|---|
| Country | United States, Canada |
| Maintaining Agency | Threat Screening Center (TSC), FBI |
| Number of People on the List | 700,000 (2007), 1,000,000 (2008), 47,000 (2013) |
| Inclusion Criteria | Specific intelligence-related criteria, "appropriately suspected" |
| Removal Criteria | Not specified |
| Redress Procedure | Inadequate |
| Other Lists | "Tuscan" (Tipoff US/Canada), Secondary Security Screening Selection |
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What You'll Learn
The US Terrorist Screening Center (TSC)
The TSC is a multi-agency organisation, with representatives from the US Department of Justice, the Department of State, the Department of Homeland Security, the Department of Defense, the US Postal Service, and various private contractors. The centre is located in Vienna, Virginia, and is headed by a director who reports to the executive assistant director of the FBI National Security Branch. The current director is Michael Glasheen.
The TSC's watchlist is not accessible to the public, as the federal government believes that terrorists may become more vigilant and adapt their behaviour if they are aware of being monitored. However, the TSC works to protect privacy and civil liberties throughout the watchlisting process, and specific criteria must be met to add an individual to the list. The TSC's No Fly List is just one component of the watchlist, with most individuals on the list still able to fly within the US.
The process of nominating individuals for the watchlist involves an agent from the FBI, NSA, or another federal agency making a nomination. This nomination is then passed on to the FBI's Terrorist Review and Examination Unit, and if the individual is deemed a known or potential terrorist, they are added to the TSC's watchlist. The TSC's work is overseen by several external offices, including the Department of Homeland Security's Traveler Redress Inquiry Program, which assists travellers who experience difficulties during security screening.
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FBI's No Fly List
The No Fly List is maintained by the United States federal government's Threat Screening Center (TSC). It is one of several lists used by government agencies and airlines to decide who to allow to board flights. The TSC's No Fly List is a list of people prohibited from boarding commercial aircraft flying within, into, or out of the United States. This list has also been used to divert aircraft away from US airspace that do not have start or end-point destinations within the US. The number of people on the list varies according to threat intelligence, with 16,000 names in 2011, 21,000 in 2012, and 47,000 in 2013. The list was created after the September 11 attacks.
The TSC is principally managed by the FBI, and the FBI's Terrorist Review and Examination Unit is involved in the process of nominating individuals for the list. The FBI's National Crime Information Center also receives some information from the watchlist. The Terrorist Screening Center was developed following the Homeland Security Presidential Directive 6, signed by President Bush in 2003, and consolidates over a dozen watch lists that were previously floating around different federal agencies.
The process of adding someone to the No Fly List is not public knowledge, but specific intelligence-related criteria must be met, and only government agencies can nominate someone. The nomination is then reviewed by the FBI's Terrorist Review and Examination Unit, and if the nomination is approved, it moves on to the Terrorist Screening Center, which maintains the master watchlist.
The No Fly List has been the subject of several lawsuits, including one brought by Stanford University graduate student Rahinah Ibrahim, who was arrested at an airport in 2005. The government later revealed that Ibrahim had been placed on the list due to human error by the FBI. In another case, the FBI and ACLU settled a federal lawsuit, Gordon v. FBI, brought by Gordon and Adams under the Freedom of Information Act to obtain information about how names were added to the list.
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Canada's Passenger Protect
Canada's federal government has created its own no-fly list as part of a program called Passenger Protect. The Canadian list incorporates data from domestic and foreign intelligence sources, including the U.S. No Fly List. It contains between 500 and 2,000 names. The Passenger Protect Office contributes to the security of air transportation and supports the roles and authorities of the Minister of Public Safety and Emergency Preparedness in relation to the Passenger Protect Program and the Passport Program.
Passenger Protect is designed to preserve the safety of Canadians travelling by air. The program includes a Secure Air Travel Act (SATA) list. Travellers who share the same name or a similar name as someone on the SATA list can obtain a Canadian Travel Number to prevent delays at the airport.
Canada's access to information system revealed that the US "Tuscan" (Tipoff US/Canada) database is provided to every Canadian border guard and immigration officer. They have the power to detain, interrogate, arrest and deny entry to anyone listed on it. Unlike the no-fly list, which only applies to airports, Tuscan is used for every Canadian land and sea border, and visa and immigration application.
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US Customs and Border Protection
The U.S. Customs and Border Protection (CBP) is responsible for securing America's borders and is one of the government agencies that use airport watchlists. The CBP's primary role is to safeguard the country's borders, protect national security, and facilitate legitimate trade and travel.
The CBP utilizes watchlists, including the No Fly List, to screen air passengers entering the United States. This list is maintained by the United States federal government's Threat Screening Center (TSC) and consists of individuals prohibited from boarding commercial flights to, from, or within the United States. The TSC's No Fly List is dynamic and fluctuates based on threat assessments and intelligence reporting, with the number of names on the list varying over the years.
In addition to the No Fly List, the CBP also employs the Secondary Security Screening Selection, which flags certain passengers for additional inspection. This additional layer of security helps identify individuals who may require further scrutiny before being allowed to board an aircraft.
The CBP's use of watchlists is part of a comprehensive approach to border security and national security. The agency works in conjunction with other government agencies, such as the Transportation Security Administration (TSA) and U.S. Citizenship and Immigration Services, to ensure the safe movement of people and goods across America's borders.
While the watchlists are a critical tool for the CBP, they have also faced legal challenges and criticism. Some individuals have experienced difficulties due to sharing the same name as someone on the watchlist, leading to travel disruptions. Additionally, there have been concerns about the lack of transparency in the process of adding names to the watchlist, with the government maintaining secrecy to prevent terrorists from altering their behaviour. However, the CBP and other agencies have implemented measures to assist travellers, such as the TSA Travel Redress Program, which helps travellers who face repeated additional screening or denied boarding.
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US Citizenship and Immigration Services
The U.S. Citizenship and Immigration Services (USCIS) is a government agency that facilitates immigration and naturalization applications. It establishes policies regarding immigration services. The USCIS is also an authorized recipient of the Department of Homeland Security's (DHS) Terrorist Screening Database (TSDB) data. The TSDB is the U.S. government's consolidated database of reasonably suspected terrorists, maintained by the FBI's Terrorist Screening Center (TSC).
The TSC was created after the September 11 attacks to consolidate the various terrorism watchlists floating around different federal agencies into one master list. The TSC's No Fly List, part of the TSDB, is used by the USCIS for immigration screening. This list contains the names of people prohibited from boarding commercial aircraft flying into or out of the United States. The list is dynamic and changes according to threat intelligence.
The process of adding someone to the watchlist is stringent. An agent from the FBI, NSA, or another federal agency must nominate an individual. The nomination then goes to the FBI's Terrorist Review and Examination Unit, and if the individual is reasonably suspected of being a known or potential terrorist, their name is added to the TSC's watchlist. Only government agencies can nominate someone, and specific intelligence-related criteria must be met.
The watchlist is used by government agencies with a national security mission. The USCIS uses the watchlist to screen immigrants entering the United States. The list helps the USCIS identify individuals who may pose a potential threat to national security and take appropriate action. This could include denying entry to the United States or subjecting certain individuals to additional screening and inspection.
The use of the watchlist by the USCIS is part of its mandate to ensure the safety and security of the nation's immigration system. By screening individuals against the watchlist, the USCIS can help prevent potential terrorists from entering the country and causing harm. This measure is one of many tools used by the agency to safeguard the country's borders and maintain the integrity of the immigration process.
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Frequently asked questions
A watchlist is a list of people who are prohibited from boarding commercial aircraft for travel within and out of a country. It also includes people who will be subjected to invasive screening at airports, denied a visa, or permission to enter a country.
The Terrorist Screening Center (TSC) maintains the U.S. government's consolidated terrorism watchlist. The TSC is managed principally by the FBI. The No Fly List, a list of people prohibited from boarding commercial aircraft for travel within, into, or out of the United States, is maintained by the United States federal government's TSC. The U.S. Customs and Border Protection also evaluates individuals before they board flights to the United States, and the Department of State can revoke visas.
Canada also has its own No Fly List as part of a program called Passenger Protect.
An agent from the FBI, NSA, or other federal agency nominates an individual to the Terrorist Review and Examination Unit. If the individual checks out as a known or potential terrorist, they are added to the Terrorist Screening Center's watchlist.
The U.S. government's redress procedures for those wrongly included on a watchlist are considered inadequate. However, individuals can download and print a Passenger Identity Verification Form and mail it, along with certain notarized documents, to the TSA to differentiate themselves from others on the list.
