Hoeven, Colleagues Urge AG Garland to Reject Expansion of No-Fly List

Expansion Would Treat Disruptive Passengers as Terrorists

WASHINGTON – Senator John Hoeven this week joined Senator Cynthia Lummis (R-Wyo.) in urging U.S. Attorney General Merrick Garland to reject Delta Airline’s request for the creation of a comprehensive “no-fly” list for airline passengers who cause an on-board disruption.

“While airlines are currently free to deny service to any individual over past transgressions on their flights, the federal government’s role in denying access to the commercial aviation network has been limited to ensuring that suspected terrorists remain off of domestic flights,” the senators said. “The TSA’s existing ‘no-fly’ list for suspected terrorists is already controversial due its lack of transparency and its due process concerns. However, the TSA has rightly chosen not to create a consolidated ‘no-fly’ list for passengers convicted of non-terrorist, on-board disruptions. The creation of this list by DOJ would result in a severe restriction on the ability of citizens to fully exercise their constitutional right to engage in interstate transportation. It also raises serious concerns about future unrelated uses and potential expansions of the list based on political pressures.”

In addition to Hoeven and Lummis, the letter was signed by Senators Kevin Cramer (R-N.D.), Mike Lee (R-Utah), James Lankford (R-Okla.), Marco Rubio (R-Fla.), Ted Cruz (R-Texas) and Rick Scott (R-Fla.). The full text of the letter can be read here.