- Term
- 2023-2024
FBI v. Fikre
Yonas Fikre, a U.S. citizen, discovered that the FBI had placed him on a “No Fly List” while he was abroad in 2010. He was unable to return to the U.S. for four years. The FBI interrogated him about attending a mosque in Oregon and implied that they would remove him from the No Fly List if Fikre became an informant (he refused). Months later, he was imprisoned and tortured in the United Arab Emirates, where officials told him they were acting on behalf of the FBI. Fikre sued the FBI for their unconstitutional actions, and three years into the suit, the FBI removed him from the No Fly List. The FBI now argues that his suit is now moot — despite their ability to re-list him on the No Fly List at any time and the years of harm Fikre suffered. The ACLU has identified 40 U.S. citizens or residents who challenged the constitutionality of being placed on the No Fly List — in 70% of those cases, the government removed them from the No Fly List during litigation and avoided a merits decision. In FBI v. Fikre, the Supreme Court has the opportunity to allow a law enforcement agency to harm a citizen’s rights with impunity and manipulate proceedings to evade accountability.
