The ruling from Judge Anthony Trenga in the Eastern District of Virginia calls into question federal authorities' practice of using the list to support decisions on people's ability to travel.
Trenga found the watchlist deprived the citizens of due process, which is guaranteed by the Constitution.
"The general right of free movement is a long recognized, fundamental liberty," Trenga wrote. The government decision-making "is a black box -- individuals are not told, even after filing, whether or not they were or remain on the (terrorism) watchlist and are also not told the factual basis for their inclusion. Accordingly, the Court concludes that the risk of erroneous deprivation of Plaintiff's travel-related and reputational liberty interests is high, and the currently existing procedural safeguards are not sufficient to address that risk."
Trenga stopped short of telling the federal government what to do next. Instead, he asked both sides to argue what should happen next over the next two months.
The citizens who brought the suit had asked for the judge to order their removal from any government lists that prevented them from flying or crossing the border into the US, which Trenga didn't do.
The 23 people had claimed they should have been given notice to dispute being placed on the list.
The watchlist is not the same list as the No-Fly List.
As of June 2017, 1.2 million people -- including 4,600 US citizens or residents -- were on the US watchlist.
This is a breaking story and will be updated.
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