Thirteen Muslim Americans challenging the U.S. governments’ secretive “no-fly” list won a partial victory in federal court when a judge found they “have a constitutionally protected liberty interest” in traveling internationally by air.

But U.S. District Judge Anna Brown has yet to decide whether the government violated their constitutional rights to due process under a policy that excludes individuals from commercial air travel if they are suspected of having ties to terrorism.

In her ruling late on Wednesday in Portland, the judge also asked both the plaintiffs and the Department of Justice for more information before deciding key parts of the case.

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The New York Police Department has secretly labeled entire mosques as terrorism organizations, a designation that allows police to use informants to record sermons and spy on imams, often without specific evidence of criminal wrongdoing.

Designating an entire mosque as a terrorism enterprise means that anyone who attends prayer services there is a potential subject of an investigation and fair game for surveillance.

Since the 9/11 attacks, the NYPD has opened at least a dozen “terrorism enterprise investigations” into mosques, according to interviews and confidential police documents. The TEI, as it is known, is a police tool intended to help investigate terrorist cells and the like.

Many TEIs stretch for years, allowing surveillance to continue even though the NYPD has never criminally charged a mosque or Islamic organization with operating as a terrorism enterprise.

The documents show in detail how, in its hunt for terrorists, the NYPD investigated countless innocent New York Muslims and put information about them in secret police files. As a tactic, opening an enterprise investigation on a mosque is so potentially invasive that while the NYPD conducted at least a dozen, the FBI never did one, according to interviews with federal law enforcement officials.

The strategy has allowed the NYPD to send undercover officers into mosques and attempt to plant informants on the boards of mosques and at least one prominent Arab-American group in Brooklyn, whose executive director has worked with city officials, including Bill de Blasio, a front-runner for mayor.

The revelations about the NYPD’s massive spying operations are in documents recently obtained by The Associated Press and part of a new book, “Enemies Within: Inside the NYPD’s Secret Spying Unit and bin Laden’s Final Plot Against America.” The book by AP reporters Matt Apuzzo and Adam Goldman is based on hundreds of previously unpublished police files and interviews with current and former NYPD, CIA and FBI officials.

Associated Press, 28 August 2013

See also “This is the NYPD’s secret spy cab”, Gawker, 27 August 2013

Update:  See “Ray Kelly dismisses a mosque-surveillance report as ‘hyping a book'”, Capital New York, 28 August 2013

Update 2:  See also “CAIR-NY, rights groups to seek DOJ probe of NYPD ‘terror’ designation for mosques”, CAIR press release, 28 August 2013

A government program to screen immigrants for national security concerns has blacklisted some Muslims and put their U.S. citizenship applications on hold for years, civil liberties advocates said Wednesday.

The American Civil Liberties Union of Southern California said in a report that the previously undisclosed program instructs federal immigration officers to find ways to deny applications that have been deemed a national security concern. For example, they flag discrepancies in a petition or claim they didn’t receive sufficient information from the immigrant.

The criteria used by U.S. Citizenship and Immigration Services to blacklist immigrants are overly broad and include traveling through regions where there is terrorist activity, the report said.

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