The Council on American-Islamic Relations (CAIR) has filed a lawsuit against the U.S. federal government, alleging the creation and use of a secret watchlist targeting supporters of Palestinian activism.
The lawsuit, filed by CAIR’s Legal Defense Fund and its Greater Los Angeles area office, challenges the constitutionality of the alleged watchlist and accuses the government of violating the rights of two Palestinian-American plaintiffs.
“The lawsuit alleges that the Government has violated the Constitution by placing the two plaintiffs on secret watchlists for their protected and lawful speech and activity in favour of Palestine,” Amr Shabaik, CAIR’s legal director told Anadolu Agency.
The legal action contends that the Federal Bureau of Investigation (FBI) created these watchlists without statutory authority and that individuals are placed on them without due process.
One plaintiff, Osama Abu Irshaid, was allegedly re-added to the watch list due to his activism against Israel’s military actions in Gaza, according to Shabaik. The other, Mustafa Zeidan, was placed on the “No Fly List” after organising weekly protests calling for an end to Israel’s attacks in Gaza, he added.
“The Government is using its secret, illegal list against Abu Irshaid, Zeidan, and other innocent Americans, not for a security purpose, but because federal agents object to the lawful exercise of their constitutional rights,” Shabaik asserted.
CAIR also alleges unlawful search and seizure of one plaintiff’s phone at the border.
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The Muslim rights group reported receiving numerous complaints from Americans who claim to have been questioned and harassed by federal law enforcement officials for their pro-Palestinian activism since October 7, 2023.
This lawsuit is among the first to challenge the FBI’s alleged targeting of individuals speaking out for Palestine and criticising Israel’s actions in Gaza, Shabaik said.
In 2019, amid claims of monitoring and surveillance of Muslims in the U.S. post-9/11, a Swiss hacker accessed the lists in question and made them public in January 2023.
It was reported that the file purportedly produced by the FBI included personal information and sensitive data pertaining to millions of American Muslims, which led to individuals being questioned by law enforcement or private security personnel in their daily lives or at public venues, particularly at airports.
The U.S. government has not yet responded to the allegations.