TSA

  • February 15, 2012
    Guest Post

    By Amardeep Singh, a Co-Founder and Director of Programs at the Sikh Coalition


    Much has been made of the fact that African Americans and Latinos endure disturbingly high rates of stop and frisk policing in New York City, and rightfully so. While blacks and Latinos comprise just over half of the city’s population, they endure 85 percent of police stops. Even more troubling, as young people in these communities bear the brunt of police stops, it is in fact stops of whites that more often yield illegal contraband.

    So advocates are appropriately making noise and filing lawsuits alleging profiling by the New York City Police Department. Meticulously collected, publically released, government data provides them a rational basis for doing so.

    But what happens when you have no such data? That's the situation of Sikhs at U.S. airports.

    For years, Sikh Americans and advocacy groups have complained of unfair, extra scrutiny by Transportation Security Administration (TSA) screeners. The complaints run the gamut from concerns about mandatory pat downs of Sikh turbans, to removal of turbans without discernible cause, and 100 percent rates of secondary screening at some airports.

    These accounts from Sikhs alleging profiling are admittedly anecdotal. They are routinely proffered by Sikh advocacy groups with limited resources and even more limited access to security checkpoints. “Smoking gun” evidence of intentional profiling occasionally emerges -- like the TSA “Mexecutioners” scandal in Honolulu -- but otherwise advocates and the TSA are perpetually engaged in a “yes you are, no we are not” ping pong match of profiling accusations and denials.

    Yet if the TSA is to be believed, there is a way to settle once and for all whether it is profiling. The Sikh Coalition recently released an internal TSA memorandum, which discusses eight “strategic options” the agency could implement to “address racial profiling concerns” and “improve internal business controls as they relate to secondary screening procedures.”

  • July 28, 2011
    Guest Post

    By Lyle Denniston. Mr. Denniston is the National Constitution Center’s Adviser on Constitutional Literacy. He has reported on the Supreme Court for 53 years, currently covering it for SCOTUSblog, an online clearing house of information about the Supreme Court’s work. Denniston’s analysis was first posted at the National Constitution Center’s Constitution Daily.


    The constitutional claim:

     “The TSA’s body scanner program violates the Fourth Amendment…The TSA subjects all air travelers to the most extensive, invasive search available…The TSA rules require individuals to submit to a digital strip search that is maximally intrusive.”

    - Arguments made in a legal brief filed by the Electronic Privacy Information Center (EPIC) in its lawsuit against the Dept. of Homeland Security, decided by the D.C. Circuit Court of Appeals, July 15, 2011.

    The constitutional response:

    The U.S. Supreme Court has never ruled directly on the constitutionality of screening passengers at the nation’s airports, but has suggested in cases involving other kinds of searches that airport searches are vital to public safety.  In the first federal court test of full-body scanners, the Court of Appeals for the D.C. Circuit earlier this month rejected the constitutional challenge.

    Full-body scanners are now in use at more than 80 U.S. airports and are destined for all domestic air terminals as the primary screening method, replacing magnetometers.  A passenger who objects to this imaging can choose a physical pat-down.

    From the time the government began using full-body imaging four years ago, there have been strong protests that the technology invades personal privacy and is unconstitutional under the Fourth Amendment.