The Council on American-Islamic Relations (CAIR) filed a lawsuit Monday against US Attorney General Merrick Garland  and other officials alleging two Palestinian individuals were wrongly placed on a terrorism watchlist. The lawsuit claims that the plaintiffs were placed on the list due to their “work and activism opposing Israel’s ongoing military attacks.”

The suit outlines the stories of two activists who were placed on the federal government’s Terrorism Screening Database. Dr. Osama Abu Irshaid was subjected to consistent search and delay throughout nearly fifteen years off and on the watchlist. CAIR argues that the searches of Abu Irshaid’s devices amounted to an infringement on his Fourth Amendment right to freedom from illegal searches. It also alleges that, by demanding Abu Irshaid unlock his device, the defendants violated his Fifth Amendment protection against self-incrimination.

Mustafa Zeidan, a US citizen placed on a no-fly list, was prevented from seeing his diabetic mother. Here, CAIR argues that the defendants violated Fifth Amendment due process protections by failing to give notice of Zeidan’s placement on the watchlist.

Neither individual was given a reason for their placement on the lists and both suspect it had to do with their outspoken pro-Palestine advocacy. Zeidan was only placed on the list in 2023 after he began protesting.

According to a 2023 Senate Committee report, the size of terrorist watchlists expanded from 150,000 listed individuals in 2004 to 1.8 million in 2022. Pursuant to the lawsuit at hand, the report also found that the Department of Homeland Security “does not provide individuals with information about why they are experiencing additional screening.” As a result, travellers are “left with little understanding of what they will experience the next time they travel.”

Recently, courts have considered questions about the constitutionality of no-fly and other watchlists. In early 2024 in FBI v. Fikre, the US Supreme Court allowed Yonas Fikre to challenge his previous placement on the No Fly List even though he had already been removed. After the decision, CAIR’s Executive Director stated:

CAIR has achieved a major victory at the Supreme Court and a historic milestone for American Muslims, including tens of thousands unjustly targeted by our government. We vow to continue our fight until the FBI’s secret watchlists no longer target our communities and undermine the Constitution. We congratulate our amazing legal team for this achievement, and we thank our supporters for entrusting CAIR to protect their rights.

The decision in FBI v. Fikre only opened the possibility of challenging No Fly Lists. The lawsuit filed on Monday goes further, challenging the process and requesting declaratory judgment that the plaintiffs were unlawfully placed on the watchlist.