The Formal and Informal No-Fly Lists
Many people know little or nothing about the formal and informal no-fly lists until they try to board airplanes and are denied entry, even though they have valid tickets. The formal no-fly list is a product of 9/11, which is the day that airline passengers suddenly became security risks. The informal no-fly list is a product of human behavior that dates back to the beginning of time.
The no-fly lists arguably protect other passengers and the public at large. But to many people, the cure is worse than the disease. A Tampa criminal defense lawyer cannot stop the government or an airline from putting names on the formal and informal no-fly lists. But an attorney can raise awareness of this issue and, in many cases, get your name off the no-fly list, either through a formal appeal or informal advocacy.
Formal No-Fly List
Former President George W. Bush created the terrorism no-fly list in the wake of 9/11. By design, actual and potential terrorists are on this list. But in reality, the list is much longer.
Many people get on the list because they belong to certain organizations which, unbeknownst to them, are terrorist fronts. This guilt-by-association is very common. Many terrorist fronts have nice-sounding names to throw authorities off the scent, and many people join these groups because of their charitable giving or other altruistic elements.
Visiting certain websites could also land a person on the formal no-fly list, as could a casual friendship with the wrong person.
As mentioned, people don’t know they’re on this list until they try to board airplanes. Airline employees don’t know why a person is on the list, and even if they knew, they couldn’t reveal that information under federal law.
That’s because the Department of Homeland Security’s appeals process (TRIP, or Traveler Redress Inquiry Program) is an appeals process in name only. Individuals can ask the DHS to remove them from the no-fly list. The government requires certain documents, such as a passport.
But the appeal itself is a closed-door process. The government doesn’t tell TRIP applicants why they’re on the no-fly list. It also doesn’t give a basis when it grants or denies the appeal. However, the Supreme Court has ruled that U.S. citizens can continue to challenge their placement on the no-fly list, even after being removed by the government, because the government has a history of re-adding people without explanation.
So, the best a Tampa criminal defense lawyer can do is help people on the no-fly list go through their backgrounds and pinpoint possible reasons for inclusion on the list. Once that issue is remedied, the government will most likely grant a TRIP appeal.
Informal No-Fly List
The informal no-fly list is somewhat more straightforward. Under current law, common carriers, such as airlines, can refuse to let people use that service if they have a history of two or more disruptive events aboard a plane, train, bus, or other common conveyance.
There’s no precise definition of “disruptive event.” On one end a passenger may get so drunk and disorderly that the plane must make an emergency landing. On the other extreme, a passenger might fuss with a flight attendant without using profanity, violence, or even raising his/her voice. Lots of space is between these two extremes.
A before-and-after letter may be enough to remove one’s name from the informal no-fly list. For example, if Steve is on the list because he has an alcohol problem and he quits drinking, the airline that placed him on the no-fly list could legally be required to remove him from that list.
Rely on a Tough-Minded Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. Virtual, home, and jail visits are available.
Source:
tsa.gov/travel/security-screening/travel-redress-program
