Elhady v. Kable

In The United States District Court for the Eastern District of Virginia

Plaintiffs are twenty-three United States citizens who claim that because of their inclusion in the federal government's Terrorist Screening Database ("TSDB"), referred to colloquially as "the Watchlist' they have suffered a range of adverse consequences without a constitutionally adequate remedy.

In Mohamed v. Holder, 2015 WL 4394958 (E.D. Va. July 16, 2015), the Court concluded that the Department of Homeland Secmity Traveler Redress Inquiry Program ("DHS TRIP"), as that process existed at the time, did not provide a constitutionally adequate remedy for a United States citizen who had been listed on the No Fly List, which is a subset of persons included in the TSDB who are prohibited from boarding a commercial aircraft that traverses U.S. airspace, and outlined what it considered to be the relevant considerations in assessing whether the subsequently revised DHS TRIP, which the Court concluded was not constitutionally deficient on its face, provided that constitutionally adequate remedy in its application to any particular case.