We're All Prisoners, Now: US Citizens to be Required ''Clearance'' to Leave USA October 26, 2006Forget no-fly lists. If Uncle Sam gets its way, beginning on Jan. 14,2007, we'll all be on no-fly lists, unless the government gives uspermission to leave-or re-enter-the United States.The U.S. Department of Homeland Security (HSA) has proposed that allairlines, cruise lines-even fishing boats-be required to obtainclearance for each passenger they propose taking into or out of theUnited States.It doesn't matter if you have a U.S. Passport - a "travel document"that now, absent a court order to the contrary, gives you a virtuallyunqualified right to enter or leave the United States, any time youwant. When the DHS system comes into effect next January, if theagency says "no" to a clearance request, or doesn't answer therequest at all, you won't be permitted to enter-or leave-the UnitedStates.Consider what might happen if you're a U.S. passport holder onassignment in a country like Saudi Arabia. Your visa is about toexpire, so you board your flight back to the United States. But wait!You can't get on, because you don't have permission from the HSA.Saudi immigration officials are on hand to escort you to a squaliddetention center, where you and others who are now effectively"stateless persons" are detained, potentially indefinitely, untiltheir immigration status is sorted out.Why might the HSA deny you permission to leave-or enter-the UnitedStates? No one knows, because the entire clearance procedure would bean administrative determination made secretly, with no right ofappeal. Naturally, the decision would be made without a warrant,without probable cause and without even any particular degree ofsuspicion. Basically, if the HSA decides it doesn't like you, you'rea prisoner - either outside, or inside, the United States, whether ornot you hold a U.S. passport.The U.S. Supreme Court has long recognized there is a constitutionalright to travel internationally. Indeed, it has declared that theright to travel is "a virtually unconditional personal right." TheUnited States has also signed treaties guaranteeing "freedom oftravel." So if these regulations do go into effect, you can expect alengthy court battle, both nationally and internationally.Think this can't happen? Think again. It's ALREADY happening. Earlierthis year, HSA forbade airlines from transporting an 18-year-old anative-born U.S. citizen, back to the United States. The prohibitionlasted nearly six months until it was finally lifted a few weeks ago.Nazi Germany and the Soviet Union are two countries in recent historythat didn't allow their citizens to travel abroad without permission.If these regulations go into effect, you can add the United States tothis list.For more information on this proposed regulation, see http://hasbrouck.org/IDP/IDP-APIS-comments.pdf.

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