Legislation follows Peters’ Report that Found Growth and Redundancy of Terrorist Watchlist and Other Airport Screenings Risks Sweeping Up Innocent Americans with Little Recourse

WASHINGTON, D.C. – Legislation led by U.S. Senator Gary Peters (D-MI) to improve screening practices at airports and ports of entry that repeatedly affect individuals who pose no danger to national security and ensure counterterrorism resources are used effectively has advanced in the Senate. The bill will help evaluate a ballooning set of screening processes, some related to the terror watchlist, by improving transparency about these processes and by requiring the Homeland Security Secretary to reform the redress process to allow affected Americans, who are not a national security threat, to seek an effective remedy. The bill was passed by the Senate Homeland Security and Governmental Affairs Committee where Peters serves as Chair, and now moves to the full Senate for consideration.  

“Americans who pose no threat to national security should not face a maze of travel screenings and a flawed redress process,” said Senator Peters. “My legislation will bring more transparency and accountability to our travel screening practices to ensure that the government is effectively protecting the nation, and agencies can carry out their missions while also protecting the civil rights and civil liberties of travelers.”  

In December 2023, Chairman Peters published a report that revealed that well-intentioned screening practices at airports and other ports of entry have ballooned over time, often at the expense of travelers who pose no threat to national security. Members of the Arab, Muslim, and South Asian American communities report that they are unfairly targeted by these screening practices; however, federal agencies do not effectively assess whether discrimination occurs in these processes. These practices are intended to protect the U.S. from terrorists and other security threats, but these practices have expanded into a layered and duplicative screening system that is difficult for the government to explain, and for American citizens to understand why they have been flagged for secondary screening or how they can seek real redress.  

The Enhanced Oversight and Accountability in Screening Act would require DHS to provide Congress with a plan to meaningfully reform the redress process and improve the experience of individuals who believe they have been wrongly subjected to additional screenings or have experienced delays in travel. The bill establishes a DHS Screening and Watchlisting Advisory Committee, comprised of both governmental and non-governmental representatives, to advise the Secretary on the development, refinement, implementation, and evaluation of security processes. To enhance transparency, the bill also mandates the DHS Secretary to provide Congress with a report assessing the effectiveness of secondary screenings and inspections by the Transportation Security Administration (TSA) and U.S. Customs and Border Protection (CBP).   

Below are statements in support of the senator’s legislation:  

“We are grateful for Chairman Peters and the Committee’s ongoing efforts to shed light on the government’s risk assessment and watchlisting practices. Twenty years in, the public knows little about how DHS screens travelers, whether the programs even work, and how they impact our rights and privacy. This legislation is an important step toward bringing the scrutiny that these practices require to ensure they are effective and bias-free,” said Faiza Patel, Senior Director of the Brennan Center for Justice’s Liberty and National Security Program.  

“This much-needed reform balances national security with civil rights, ensuring those wrongly flagged can seek timely and fair redress. Establishing the Screening and Watchlisting Advisory Committee, with representatives from civil society, is a significant step toward accountability and fairness. Integrating community feedback ensures affected voices are heard. The Enhanced Oversight and Accountability in Screening Act provides a path for a more equitable and accountable system. Emgage Action supports this legislation and will remain vigilant in protecting the rights and liberties of all individuals,” said Wa’el Alzayat, CEO of Emgage Action.  

“This legislation is an important first step in addressing the many issues surrounding the US Government’s watchlisting enterprise. For far too long our community has been directly impacted by these unconstitutional policies. We thank Sen. Peters and the staff of the Homeland Security Committee for persevering and pushing this legislation, and we look forward to working towards real progress,” said Abed Ayoub, National Executive Director for the American-Arab Anti-Discrimination Committee (ADC).  

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