Are You On a Secret TSA Watchlist?

by | Oct 6, 2025

Are You On a Secret TSA Watchlist?

by | Oct 6, 2025

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In 1999, the Supreme Court recognized that the “‘constitutional right to travel from one State to another’ is firmly embedded in our jurisprudence.” Unless, of course, federal agents secretly disapprove of you, your beliefs, or your suspected connections.

The Transportation Security Administration has vexed Americans for more than twenty years. Last week, three separate idiotic TSA surveillance programs were exposed by Congress and the Trump administration.

In 2021, the Transportation Security Administration (TSA) created a secret watchlist of individuals who publicly opposed President Joe Biden’s COVID mask mandate. Operation Freedom to Breathe resulted in dozens of individuals being either banned from flying or hit with additional groping or patdowns. As journalist Matt Taibbi reported, “12 were placed on a watch list for removing their masks in-flight,” which a TSA memo characterized as “an act of extreme recklessness in carrying out an act that represents a threat to the life of passengers and crew.” That covert crackdown only ended when a federal judge struck down Biden’s mask mandate in April 2022. Only in Washington would an edict to banish all dissidents be labeled Operation Freedom to Breathe.

The Biden’s TSA secretly condemned hundreds of people allegedly linked to the January 6, 2021 Capitol protests. TSA approved “enhanced screening” and watchlists for anyone “suspected of traveling to the National Capital Region” for that protest, Senator Rand Paul (R-KY) revealed. TSA bloated the list of January 6 suspects by tapping a George Washington University database of alleged extremists—which was as credible as randomly selecting names of Trump donors. A TSA privacy officer protested, “TSA is punishing people for the expression of their ideas when they haven’t been charged, let alone convicted of incitement or sedition.”

New dirt also came to the surface about the Quiet Skies program, which sent TSA air marshals to covertly surveil travelers on the flimsiest pretexts. If you fell asleep or used the bathroom or glared at noisy kids during a flight, those incriminating facts might have been added to your federal dossier. Air marshals noted whether suspects gained weight or were balding or were paranoid about the undercover federal agents who followed them into the parking lot to their cars. If you fidgeted, sweat, or had “strong body odor”—BOOM! the feds were onto you. Air marshals also zeroed in on “facial flushing,” “gripping/white knuckling bags,” “face touching,” or “wide open, staring eyes,” and “rapid eye blinking.”

Quiet Skies, which cost $200 million a year, was scandalized last year after it targeted former congresswoman Tulsi Gabbard (currently the Director of National Intelligence) after she criticized Democratic presidential nominee Kamala Harris. Turns out Quiet Skies was also tracking three Republican congressmen prior to the program being abolished in June. TSA has not yet revealed the names of those congressmen.

Legions of women bitterly complain on social media about TSA screeners molesting them. But if a woman pushes a TSA screeners hands away from her breasts, then she can placed on the TSA secret “95 list” of potentially troublesome travelers. TSA’s official watchlist defines troublemaker to include someone who merely “loiters” near a TSA checkpoint or demonstrates any “concerning behavior.” Any behavior which is “offensive [to the TSA] and without legal justification” can get a person secretly listed, according to a confidential TSA memo. TSA assistant administrator Darby LaJoye told Congress that any traveler who demonstrated “concerning” behavior can be secretly placed on the list. “Concerning behavior” is vague enough to add 10,000 chumps a day to the watchlist. The TSA would have been more honest if it announced that anyone who fails to instantly and unquestioningly submit to all TSA demands is guilty of insubordination.

TSA can also place someone on the watchlist simply because they are “publicly notorious.” Did getting denounced by TSA chief John Pistole in 2014 for “maligning” and “disparaging” TSA agents in an op-ed qualify me for the list and endless TSA supplemental patdowns when I travel? The Brennan Center for Justice warned that TSA could add “pretty much anyone with even a modest public profile, such as journalists or activists,” to the “95 list.” ACLU attorney Hugh Handeyside warns that the new watchlist “permits TSA officials to blacklist people for conduct that could be wholly innocuous. This is conduct that’s so completely subjective, and in many cases likely completely innocent, it just gives officers too much latitude to blacklist people arbitrarily and to essentially punish them for asserting their rights and in doing anything other than complying with officers’ demands.”

There are other TSA surveillance programs and watchlists that desperately need sunshine if not legal de-lousing. A 2023 report by the U.S. Senate Homeland Security and Governmental Affairs Committee noted that “U.S. travelers may be screened for at least 22 different reasons.” An Iron Curtain of secrecy covers the operation:

“The executive branch has revealed hardly any information about what watchlists it maintains, who is included, and why or how those lists are used.”

DHS receives requests from almost 20,000 people a year complaining about being banned from flying or subjected to enhanced screening, and 98% of those people are not on terrorist watchlists, according to TSA.

The Senate report revealed the existence of TSA’s Security Notification List which “includes individuals who may pose a threat to aviation security, but who do not warrant additional screening.” So if they pose a threat to airline safety, why are they permitted to fly? The report noted:

“These individuals may seek to intentionally evade or defeat security measures or may attempt to disrupt the safe and effective completion of screening…Individuals on this list may not be referred for additional screening solely by virtue of their placement on this list, but TSA personnel may be given forewarning of their travel.”

Is this simply the “Bad Attitude List”  or the “Give Hell to Anyone Who Complained Since 9/11 List”?

The Senate report warned, “A watchlist that is not properly maintained…breaks the trust with innocent Americans who get caught up in this net with no way out.” TSA watchlists are perilous to freedom because TSA proudly hires many employees who failed every intelligence they ever took. “Senator Ted Kennedy and former U.S. Representative John Lewis, and even babies, have been stopped at airports because they shared biographical information with individuals on the [No Fly] terrorist  watchlist,” the Senate report noted.

How many other secret watchlists has TSA or DHS not yet revealed? We have no idea how many Americans’ rights and liberties continue to vanish into TSA black holes.

Endless false alarms at TSA checkpoints are a clue that the agency is still on par with a drunk blindfolded person swinging at a pinata. Airport security seems like a perpetual psycho-pathological experiment to determine how much degradation Americans will tolerate. Despite squeezing millions of butts and boobs, TSA has never caught a real terrorist. After pointlessly groping  millions of Americans, TSA has no excuse for groping millions more.

Jim Bovard

Jim Bovard

Jim Bovard is a Senior Fellow for the Libertarian Institute and author of the newly published, Last Rights: The Death of American Liberty (2023). His other books include Public Policy Hooligan (2012), Attention Deficit Democracy (2006), Lost Rights: The Destruction of American Liberty (1994), and seven others. He is a member of the USA Today Board of Contributors and has also written for The New York Times, The Wall Street Journal, Playboy, The Washington Post, among others. His articles have been publicly denounced by the chief of the FBI, the Postmaster General, the Secretary of HUD, and the heads of the DEA, FEMA, and EEOC and numerous federal agencies.

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