In the wake of the 9/11 terrorist attacks, the United States implemented a series of policies intended to safeguard Americans from the threat of continued violence perpetrated by radical extremist groups. One of these measures was the creation of the terrorist watchlist, which was designed to screen individuals suspected of having ties to terrorism or terrorist activities.
However, a new Senate report revealed that this list has drastically expanded since its inception in 2001, which raises concerns about national security and the protection of rights.
The report, titled “Mislabeled As A Threat: How the Terrorist Watchlist & Government Screening Practices Impact Americans,” highlights several areas of concern with how the state has identified potential threats to national security. One of the most pressing issues is the expansion of the list over time.
The size of the terrorist watchlist has increased dramatically. As of November 2022, there are approximately 1.8 million records in the terrorist watchlist up from 150,000 in 2004…Additionally, the terrorist watchlist includes individuals who are relatives or associates of known or suspected terrorists and individuals it suspects of being terrorists but does not have enough supporting evidence to list as terrorists.
The Senate Homeland Security and Governmental Affairs Committee recently highlighted that this expansion could infringe on a traveler’s civil liberties being that the list is far too broad, which could lead to unwarranted screening of Americans. Moreover, the report points out that the “risk of misidentification continues to be a problem especially as the number of identities in the terrorist watchlist increases.”
The report also notes the impact of the watchlist on Muslim Americans, who are disproportionately subject to misidentification.
Nevertheless, misidentifications are of particular concern for the Muslim American community because alleged leaked versions of the terrorist watchlist show the overwhelming majority of names on the terrorist watchlist are Muslim. In amicus briefs in recent litigation, the Muslim American community raised concerns that the number of common Arabic names within the Muslim American community has led to a significant number of misidentifications. Further, in Sikh culture, most men share the same last name and most women the same last name, which may lead to excessive additional screening for members of this community.
From a Constitutional perspective, the watchlist poses several concerns related to individual freedom and the right to privacy. As the list continues to swell, the eventuality that innocent people will become ensnared becomes even higher. The fact that the list also includes friends, relatives, or associates reveals a shift from targeted surveillance to a more generalized approach that has inevitably resulted in innocent people becoming caught up in the program.
Indeed, the risk of misidentification is not a theoretical concern. The report notes instances in which high-profile individuals like former Sen. Ted Kennedy and former Rep. John Lewis were erroneously stopped at airports due to name similarities with individuals who are on the watchlist. The system is clearly flawed, and the expansion of the list has only contributed to the problem.
The issue is also problematic because of the logistical and operational challenges it brings. The report details how managing such a vast database requires a significant level of resources and also presents a risk that the number of people on the list is diluting the focus on actual threats to the American people. Having such an expansive list is straining the resources of law enforcement and intelligence agencies.
As the size of the watchlist and screening enterprise grows, so does the chance of misidentification, the need for additional resources, and the risk that existing limited resources may be spent on low risks, overlooking real threats.
According to the report, the expanded watchlist could actually be making it easier for real terrorists to get by undetected.
While it is important to protect the American people from the threat of terrorism, the unchecked expansion of the watchlist brings with it serious concerns about the government infringing on constitutional rights. If the Senate is going to reform this program, hopefully it will revamp it in a way that protects national security without encroaching on the Constitution.
