(WASHINGTON, DC, 12/14/2023) – The Council on American-Islamic Relations (CAIR), the nation’s largest Muslim civil rights and advocacy organization, today announced the filing of a merits brief with the U.S. Supreme Court on behalf of Yonas Fikre, an American Muslim unlawfully placed on the FBI’s secret No Fly List.
Yonas was tortured and imprisoned in the United Arab Emirates at the behest of U.S. officials, and then stranded in Sweden for years because of his status on the FBI’s No Fly List.
SEE: I was tortured in UAE for refusing to become an informant
CAIR and co-counsel Brandon Mayfield sued in 2012 and, after four years of litigation, the FBI removed Fikre from the No Fly List without explanation. The FBI now seeks a decision from the Supreme Court that would, in effect, permanently insulate the FBI’s secret list from judicial scrutiny.
As CAIR’s brief explains, the FBI cannot avoid judicial scrutiny of their secret, unconstitutional lists by simply removing anyone who challenges them. The law gives Yonas a right to have his day in court, regardless of the FBI’s games.
SEE: READ CAIR’S BRIEF
CAIR has represented dozens of Muslims whose watchlist status the FBI has altered after being sued, in what CAIR believes is an obvious attempt to avoid federal courts that have, at times, threatened the FBI’s authority to maintain their secret lists.
SEE: Muslims suing over watch-list status say U.S. tactics block scrutiny
The watchlist status the FBI assigns to people are basically permanent. Even after the FBI removes someone from a watchlist, the effects continue on. Earlier this year, Mayor Mohamed Khairullah was not allowed to attend a White House gathering of Muslim leaders because of his prior watchlist status.
SEE: Lawsuit by Islamic rights group says Terror Watchlist Woes Continue Even after names are removed
A recently leaked copy of the watchlist reviewed by CAIR demonstrated that the FBI’s secret list is basically just a list of Muslim names. CAIR estimates that Muslim names fill over 98 percent of entries on the FBI’s list—almost 1.5 million total entries.
SEE: Congresswoman Calls Out FBI for Terrorism Watch List Because 98% of People on it are Muslim
“The government should not be allowed to duck responsibility for their unconstitutional actions,” said CAIR Attorney Hannah Mullen. “Settled law is crystal clear that Yonas’s claims against the No Fly List should be allowed to go forward.”
“The No Fly List tears apart the lives thousands of innocent American Muslims,” said CAIR Attorney Justin Sadowsky. “Removing them with no explanation and no apology is not the justice they deserve. ”
“The FBI’s secret lists are a danger to us all,” said CAIR Attorney Gadeir Abbas. “The Biden administration could put an end to the FBI’s secret watchlists tomorrow, and it should.”
In June, CAIR released a report, titled “Twenty Years Too Many, A Call to Stop the FBI’s Secret Watchlist,” which details the FBI’s use of the Terrorism Screening Dataset to target Muslims, and found that all of the top 50 most frequently appearing names on the FBI’s watchlists were Muslim names.
CAIR’s mission is to protect civil rights, enhance understanding of Islam, promote justice, and empower American Muslims.
La misión de CAIR es proteger las libertades civiles, mejorar la comprensión del Islam, promover la justicia, y empoderar a los musulmanes en los Estados Unidos.
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CONTACT: CAIR Senior Litigation Attorney Gadeir Abbas, 720-251-0425, gabbas@cair.com; CAIR Trial Attorney Justin Sadowsky, 646-785-9154, jsadowsky@cair.com; CAIR Staff Attorney Hannah Mullen, 202-742-6420, hmullen@cair.com; CAIR National Deputy Director Edward Ahmed Mitchell, 404-285-9530, e-Mitchell@cair.com; CAIR National Communications Manager Ismail Allison, 202-770-6280, iallison@cair.com