Jibril v. Mayorkas, No. 20-5202 (D.C. Cir. 2021)Annotate this Case
Plaintiffs filed suit against the Government, alleging violations of their Fourth and Fifth Amendments and the Administrative Procedure Act, and seeking declaratory and injunctive relief. Plaintiffs' action stemmed from extensive and intrusive security screenings at domestic and international airports, and their belief that they were on a terrorist watchlist maintained by the U.S. Government. The district court granted the Government's motion to dismiss with prejudice on the ground that plaintiffs lacked Article III standing.
The DC Circuit concluded that because plaintiffs plausibly allege that they will travel again soon and that they will again endure the alleged illegalities, they have established an imminent threat of future injury and have standing to pursue most of their claims for prospective relief. The court could easily infer from the family's travel history that they will soon fly again, particularly if they secure the relief they now seek. Furthermore, plaintiffs' uncontested factual allegations, combined with the reasonable inferences the court drew from them, plausibly indicate that the family likely appeared on a terrorist watchlist in 2018. The court also concluded that plaintiffs plausibly allege that the treatment they endured went well beyond what typical travelers reasonably expect during airport screenings. Finally, plaintiffs' factual allegations lead to the reasonable inference that the family's watchlist status remains the same today.
However, the court held that plaintiffs lack standing to pursue prospective relief relating to certain actions taken by Government agents who detained them during their travel in 2018. In this case, plaintiffs claim that these actions violated established federal policies, but they lack standing because they have not plausibly alleged any impending or substantial risk of future harm. Accordingly, the court affirmed in part and reversed in part, remanding for further proceedings.