WHAT HAPPENS?
- The Terrorist Screening Dataset (“TSDS”) holds the government’s lists of “known or suspected terrorists”
- There are at least two subsets:
- the Selectee list; and
- the No Fly list
- Those on the Selectee List receive “SSSS” marked on boarding passes, and experience longer screening at airports and land borders – sometimes of several hours, and sometimes multiple times
- Individuals experiencing heightened screening may file complaints with the DHS Traveler Redress Inquiry Program (“DHS TRIP”)
WHAT COULD CHANGE:
- We expect more people will have trouble flying, and are seeing this already
- Those on the No Fly list cannot board planes at all
- Those on the Watchlist can fly . . . eventually
- Expect several hour delays
- Possible repetitive screening: at security checkpoints, the gate, and time of boarding
- Watchlist designations affect more than just travel
- Law enforcement agencies receive notifications of placement
- Background checks for employment may turn up these results, and
- Bank account closures may result from placement, to name a few
TIPS:
- Remain calm and respectful. The people at that airport on that day don’t know why you’re on the list and cannot get you off the list. That’s a fight for a different day. So while at the airport, remain calm and respectful of the individual agents in front of you.
- Don’t take the bait. Chances are the agents don’t have any reason to do more than delay you. So don’t let them win – don’t give them a reason by being “uncooperative” or “unresponsive”
- You do not have to provide your phone’s password. You do have to turn it on to show that it works. You do have to let the agents swab it, inspect it, etc. You do not have to provide the code to unlock it. Understand that if you do not, the agents have the right to “detain the device” for up to two weeks. So, whether you provide your code is your choice.
- Answer basic travel-related questions. Even though the agents likely already know where you’re going and how long you’re staying, answer the easy questions. There’s no reason not to, and you hand agents a reason to delay you further if you argue.
- Agree to answer invasive/unrelated questions … “with my attorney present.” We never recommend anyone outright refuse to answer questions from a federal agent. The best way to handle invasive and intrusive questions that go well beyond anything travel-related, like what mosque you attend or the names of each of your neighbors/friends/colleagues, is to respond “I’d be glad to answer your questions, with my attorney present.” If you already have one, have that number handy. If not, ask the agents for a card or contact information and tell them you’ll be glad to have your attorney reach out to them to arrange a later time and place to speak all together. Chances are, that’ll probably end the conversation for the day.
