The request by Senate Minority Leader Chuck Schumer (D-NY) for the FBI, Transportation Security Administration and Department of Homeland Security to put rioters who stormed the Capitol on a no-fly list, barring them from airline travel in the U.S., is raising concerns among civil liberties advocates of potential rights violations, reports The Intercept. In the years following the September 11 attacks, tens of thousands found themselves on the no-fly list without any specific allegation against them, after having been targeted without due process, based on classified criteria. The guidelines empowered security agencies to deprive often innocent individuals of their rights without hard evidence and making challenges difficult for those who wind up listed. The list’s targets often had little means to fight back and preserve their rights.
Previous anti-terror measures, like the Antiterrorism and Effective Death Penalty Act of 1996, written after attacks like the Oklahoma City bombing, reduced criminal defendants’ access to courts and made noncitizens who had lived legally in the U.S. for years suddenly subject to automatic deportation for minor offenses. “Doubling down on use of the no-fly list will entrench an error-prone and unconstitutional system, and communities of color will continue to bear the brunt of it,” said Hina Shamsi, director of the American Civil Liberties Union’s National Security Project. However, public fury over the U.S. Capitol attack could result in law enforcement overreach with prominent Democrats urging an insurrectionist no-fly list and a new domestic war on terrorism.