After being told that I wouldn’t be allowed to board a flight back to the U.S. without cooperating with a “security interview” last December, I filed suit against the TSA in February challenging this program on Fifth Amendment grounds. We all have the right to remain silent AND the right to return to our home country, and we should not have to give up one to use the other.
The TSA has already backtracked on the issue, telling the court that whoever told me I’d be denied boarding (a TSA representative, an airline representative, and the interviewer himself) was mistaken. So, in some ways, this issue is already won, but the problem remains that the TSA’s written policy is ambiguous as to what should happen to someone who refuses to speak, and so airlines and their interviewers may not know that the TSA’s position (now that they’ve been called out on it in court) is that denied boarding is not required.
The case is now fully briefed before the U.S. Court of Appeals for the Eleventh Circuit, which means that all sides have spoken and the court may now rule on the matter. Or, it may order additional argument, orally or in writing, before it makes its decision. There is no set timeframe, but it will likely take “a few months.”
Corbett v. TSA III – Administrative Record, Vol. 1 (.pdf, 14 MB)
Corbett v. TSA III – Administrative Record, Vol. 2 (.pdf, 18 MB)
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