Although Mohamed Al Seraji eventually received the Transportation Worker Identification Card (“TWIC” card) he applied for, it took three years and several levels of administrative appeals for the government to recognize he does not pose a security threat.
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On behalf of Mr. Al Seraji, CLCMA proudly filed a federal court lawsuit this month in Washington, D.C., challenging the constitutionality of that process and seeking damages for Mr. Al Seraji for the three years he was not able to work in his chosen profession. As stated in the lawsuit, “th[e] security threat determination and the related administrative process which plaintiffs must take lack adequate due process protections” that are required by the Constitution. And, by denying Mr. Al Seraji a necessary identification badge for so long without providing any reasons, the government’s actions “were false because they impute criminal offenses or associations by Plaintiff” and “create the impression that Plaintiff has committed or will be charged with a crime.” Mr. Al Seraji has no criminal record and the government never provided specific reasons for its three year denial of his TWIC card application. “The current procedures stigmatize innocent individuals and deprive them of a meaningful avenue to challenge undisclosed reasons for the government’s adverse actions,” stated Leila E. Mustafa, Civil Litigation Staff Attorney for CLCMA and one of the attorneys representing Mr. Al Seraji in this lawsuit. “We hope this lawsuit will create systemic change to the current procedures so that individuals will have the chance to know and respond to the allegations against them without having to go through the three year delay that Mr. Al Seraji suffered,” added Christina A. Jump, CLCMA’s Civil Litigation Department Head.
