US judgment finds Terrorist Screening Database infringes due process rights

The Eastern District of Virginia has found in favour of 23 Muslim Americans who challenged their inclusion on the Terrorist Screening Database (the TSDB watchlist) on the basis that their listing infringes their rights to due process. Memorandum Opinion and Order Case No 1:16-CV-375.

The list means being subject to very strict security screening and eing denied access to commercial airline flights.  Judge Trenga said that even when a person challenges their listing, they are “are not told, even after filing, whether or not they were or remain on the TSDB watchlist”, “are not told the factual basis for their inclusion”, and since there is no independent review of the person’s inclusion by a neutral decisionmaker, “there exists a substantial risk of erroneous deprivation”.