Rahman v. Chertoff

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ARGUED MAY 13, 2008

Before EASTERBROOK, Chief Judge, and KANNE and TINDER, Circuit Judges.

Plaintiffs seek to represent a class of citizens who have been delayed in reentering the United States from abroad as a result of watch lists maintained by the Department of Homeland Security. Persons on these lists are screened with special attention. Some plaintiffs contend that they should not be on a list, because they do not pose any threat of terrorism or other unlawful acts. Other plaintiffs maintain that, if they are to be listed, they should be in a low-threat classifi- cation. Still others contend that they are not on a list but have been mistaken (because of similar or identical names) for persons legitimately listed. All plaintiffs contend that the Department and the FBI should take more, and more effective, steps to remove from the lists persons who (in plaintiffs’ view) should not be there, and find better ways to distinguish among persons with similar names or other characteristics. Defendants are improving identification by requiring passports at more places of entry and introducing passports with biometric data, but plaintiffs are displeased with the details of these programs.

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