U.S. Terrorist Watchlist: Processes for Nomination and Redress Examined by Government Watchdog

The U.S. Government Accountability Office (GAO) has released a report outlining the nomination and redress processes for individuals placed on the nation’s terrorist watchlist, as well as the mechanisms available for U.S. citizens, nationals, and lawful permanent residents who believe they have been mistakenly identified or unfairly listed. The report, which draws from a more sensitive GAO assessment, highlights that the terrorist watchlist is a critical, albeit sensitive, dataset used by federal agencies to screen individuals against potential terrorist threats.

Established in the wake of the September 11, 2001 attacks, the terrorist watchlist serves as a central repository for consolidating and disseminating information on individuals suspected of posing a threat to national security. This unclassified but sensitive dataset includes both biographical information, such as names and dates of birth, and biometric data like fingerprints and photographs, of those with a connection to terrorism. The watchlist and its subsets, like the No Fly List, inform screening and vetting decisions for various governmental services and benefits, including the issuance of U.S. passports.

Individuals can be nominated for inclusion on the terrorist watchlist if they are known or reasonably suspected of engaging in terrorism, or if they are associated with known or suspected terrorists, among other criteria. However, due to security considerations, the U.S. government’s policy, as indicated by the FBI, is generally to neither confirm nor deny an individual’s presence on the watchlist. This means that many U.S. persons may be unaware of their status.

The GAO report identifies that some U.S. persons have encountered adverse consequences due to being misidentified as being on the watchlist or remaining on it when no longer warranted. These issues can manifest as unwarranted delays, denial of boarding for flights, or heightened screening measures. The potential for such misidentifications underscores the importance of having a robust redress process, intended to mitigate and address these concerns fairly and in a timely manner. The established guidance for the watchlisting community defines redress as a means to review inquiries promptly, correct any errors on the watchlist, protect the public from terrorist threats, and preserve individual privacy and civil liberties. For travel-related issues connected to the terrorist watchlist, U.S. persons can utilize the Department of Homeland Security’s Traveler Redress Inquiry Program (DHS TRIP).

According to GAO’s analysis of DHS TRIP data, between December 7, 2021, and September 30, 2023, approximately 20,000 redress inquiries were submitted by U.S. persons. The majority of these inquiries were not directly related to the terrorist watchlist, but rather to common issues such as random selection for additional security screening. Of the total inquiries, 1.5 percent, or 289, were specifically linked to the terrorist watchlist, such as an inability to print a boarding pass. The analysis further revealed that about one-third of these watchlist-related inquiries, totaling 88, resulted in the U.S. person being removed from the watchlist during that period. The report also notes that other avenues exist for U.S. persons to seek information or redress for alleged terrorist watchlist issues, including filing Freedom of Information Act requests or pursuing legal action, though these methods generally do not lead to a change in watchlist status or a disclosure of one’s status.

The GAO’s findings are based on a review of nomination and redress policies, procedures, and data from eight federal agencies with watchlisting responsibilities, including the FBI, covering fiscal years 2019 through 2023. The agency also conducted interviews with relevant officials. In its prior, more sensitive report, GAO issued 24 recommendations to seven federal agencies aimed at improving the prevention, handling, and mitigation of terrorist watchlist-related issues for individuals, including U.S. persons. These recommendations focus on enhancing nomination and redress processes, monitoring the timeliness of quality control measures, and establishing and overseeing redress timeframes. All seven agencies that provided comments to these recommendations have concurred with them.

Article by Mel Anara, based upon information from the U.S. Government Accountability Office (GAO)

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