U.S. citizens and lawful permanent residents possess the fundamental right to return to U.S. territory after traveling abroad, a right grounded in the Fourteenth Amendment and the Immigration and Nationality Act. However, situations arise where individuals are unexpectedly denied boarding on flights back to the United States due to the “Do Not Fly List.” In such instances, it’s crucial to understand that the U.S. government is obligated to facilitate your return home via commercial air travel. The do not fly list cannot be used to prevent U.S. citizens or permanent residents from returning to their homes in the United States.
If you are a U.S. citizen or a lawful permanent resident and find yourself denied boarding on a flight to the United States, or while en route, knowing the correct steps to take is paramount to exercising your right to return. The following guidance is based on instructions provided by the government to the ACLU, and the experiences of travelers who have faced similar situations.
Understanding Your Right to Return
The core principle is clear: if you are a U.S. citizen or a lawful permanent resident, the U.S. government recognizes your right to come home. Being placed on a “do not fly list” does not negate this right, especially when you are seeking to return to U.S. soil. The government has a responsibility to ensure that its citizens and legal residents are not stranded abroad and can return to their lives in the United States. This right is protected under U.S. law, and there are mechanisms in place to uphold it even when the do not fly list creates obstacles.
Steps to Take If Denied Boarding
When faced with denied boarding while attempting to return to the United States, immediate action is necessary. Here are the steps you should take:
Contact Overseas Citizens Services (OCS)
Your primary point of contact should be the Overseas Citizens Services (OCS) office.
- Call +1-202-501-4444 to speak to the duty officer. This line is staffed 24/7, offering access to a duty officer and an attorney at any time.
- Clearly state your situation: Inform the officer that you have been denied boarding on a flight while trying to return home to the United States, specifically by plane.
- Request repatriation assistance: Explicitly state that you are seeking assistance with repatriation, the process of returning to your country.
- Coordinate your return travel: Express your desire to work with the government to coordinate your return travel arrangements by air.
- Family or legal representative assistance: If you have a legal representative, family member, or friend within the U.S. who wishes to assist, they can contact the same office at +1-888-407-4747.
The duty officers at OCS are equipped to assist in these situations. They are the first line of support and should be able to initiate the process to help you secure approval to fly.
Seek Help from U.S. Embassy or Consulate
In the event that the OCS duty officers are unable to provide immediate assistance, or if you need in-person support, your next step is to visit the U.S. embassy or U.S. consulate in the country where you were denied boarding.
- Go to the nearest U.S. embassy or consulate.
- Speak to an officer handling Overseas Citizens Services. Embassies and consulates have officers specifically designated to assist U.S. citizens abroad.
- Reiterate your situation and request: Inform the officer that you were denied boarding on a flight to the U.S. and need help with repatriation and coordinating your return flight.
It is crucial to remember that a U.S. official, whether at OCS or a U.S. embassy/consulate, is mandated to assist you in securing approval to fly back to the United States via commercial air travel. This is not merely a suggestion, but a responsibility of the U.S. government.
Proposing Flight Itineraries
To expedite your return, the OCS official or embassy/consulate staff will typically ask you to propose flight itineraries. Preparing these in advance can significantly speed up the process. Here’s what you need to consider when planning your itinerary:
Direct Flights
- If direct flights are available: If the country where you are stranded offers direct flights to the United States on a U.S.-based commercial air carrier (like American Airlines, United Airlines, or Delta Airlines), identify at least two potential itineraries.
- Departure timeframe: Ensure these flights depart no sooner than two weeks in the future. This timeframe is often needed for the government to process the necessary approvals.
Indirect Flights and Transit
- If direct flights are unavailable: If direct flights are not an option, look for itineraries that involve transiting through a country that does offer direct flights to the U.S. on U.S.-based carriers.
- Example: If denied boarding in a location without direct U.S. flights, find a route that takes you through a major international hub with U.S.-bound flights.
Layovers
- Choose flights with layovers: If your itinerary involves connecting flights, select options that provide layovers of at least three hours.
- Reason for layovers: These extended layovers are essential to accommodate any additional security screenings that might be required at transit airports due to your do not fly list status.
Advance Notice
- Present itineraries promptly: Provide your proposed itinerary (or multiple options) to OCS or the U.S. embassy/consulate as soon as possible.
- Two weeks processing time: Based on past experiences, U.S. officials generally require at least two weeks to secure the necessary flight approvals for individuals on the do not fly list.
Purchasing Tickets
- Wait for approval: Do not purchase your ticket until a U.S. official has explicitly communicated approval for your proposed itinerary. Purchasing tickets before approval may lead to complications if the itinerary is not accepted.
- Purchase after confirmation: Once you receive official confirmation, proceed to purchase your ticket.
Airport Arrival Time
- Arrive early: On the day of your approved flight(s), plan to arrive at the airport at least four hours before your scheduled departure time.
- Allow time for security: This extra time is crucial to allow for any enhanced security screenings or procedures that may be conducted due to your situation.
What If You Face Issues?
Despite these guidelines, you might encounter difficulties in securing flight approval through OCS or a U.S. embassy. In such cases, further assistance is available.
- Contact ACLU National Security Project: If you experience problems, call the ACLU National Security Project at +1-212-549-2500 for guidance and support. The ACLU has experience in assisting individuals in these situations and can provide legal advice and intervention if necessary.
Your Rights Regarding Questioning
It’s important to be aware that you might be approached by FBI agents or other U.S. officials for questioning both while you are abroad and after being denied boarding. Understanding your rights in these interactions is crucial.
- Right to decline voluntary interview: You have the right to refuse any request for a voluntary interview. You are not obligated to speak with law enforcement officers.
- Right to counsel: You have the right to have legal representation present during any interview or interrogation you choose to participate in, even while you are overseas. You can assert this right.
- No obligation to be questioned for flight approval: Crucially, FBI or other U.S. officials cannot mandate that you submit to an interview or interrogation as a condition for securing approval to fly back to the United States. Your right to return home is not contingent on agreeing to be questioned. You do not have to participate in any questioning to exercise your right to return to the United States.
Were you denied boarding while trying to get home to the United States? Share your story to help the ACLU monitor government practices related to the Do Not Fly List. You can share your experience through this form.
