US Supreme Court allows challenge to controversial no-fly list to advance

By Michael Hernandez

WASHINGTON (AA) - The US Supreme Court on Tuesday unanimously allowed a lawsuit challenging the legality of the FBI's controversial no-fly list to move forward in what rights advocates hailed as a milestone.

The government had sought to argue that removing the plaintiff, Yonas Fikre, from the list rendered the suit moot. But the top court rejected that argument, saying "the government’s sparse declaration falls short of demonstrating that it cannot reasonably be expected to do again in the future what it is alleged to have done in the past."

The case is still in its early stages. Fikre, who is a US citizen originally from Eritrea but who also lived in Sudan before moving to Portland, Oregon, says the government's decision to add him to the watchlist is unlawful.

He found out that he was on the list when he traveled to Sudan in 2009 and was prevented from returning to his home in the US by FBI agents who informed him he was placed on the no-fly list because of his involvement with a mosque in Portland.

He alleges FBI agents offered to remove him from the list if he agreed to serve as an informant at the mosque but says he refused. Shortly thereafter, Fikre traveled to the United Arab Emirates, where he says authorities arrested and beat him at the behest of the FBI, holding him for over 100 days.

He later flew to Sweden, where he lived until 2015, when he was flown back to Portland by the Swedish government. He was informed the following year that he had been removed from the list.

The Supreme Court emphasized in its ruling that its judgement is "provisional."

"As the complaint’s allegations are tested, different facts may emerge that may call for a different result. But adhering to traditional mootness principles, the government has so far failed to meet its burden," Justice Neil Gorsuch wrote.

The Council on American-Islamic Relations (CAIR) Muslim advocacy group nonetheless hailed the Supreme Court's decision, calling it a "major victory at the Supreme Court and a historic milestone" for Muslim Americans.

"We vow to continue our fight until the FBI’s secret watchlists no longer target our communities and undermine the Constitution," CAIR National Executive Director Nihad Awad said in a statement.