In 1973, attorney James Becket, the legal director of the American Civil Liberties Union Foundation, filed suit in the United States District Court for the Southern District of New York, challenging the INS practice of maintaining a check list ("lookout book") of names of individuals to be stopped by immigration officials if they attempt to gain entry into the United States. Becket claimed that he was stopped twice by immigration officials when attempting to return to the U.S. from Europe because his name appeared in the lookout book. Becket corresponded with the INS in an attempt to have his name removed from the lookout book and to learn why it was in there. The INS responded that it had removed Becket's name, but would not disclose other information requested. This suit followed. Becket alleged that the existence and use of the lookout book violated the First, Fourth, Fifth, Ninth and Fourteenth Amendments and the Administrative Procedures Act; 5 U.S.C. §§ 701-706. He sought declaratory and injunctive relief, "declaring the invalidity of and enjoining the defendants from maintaining the listing of his name and additional information concerning him and his First Amendment activities in a checklist maintained by them at all points of entry into the United States." Plaintiff also sought class certification.

The government moved to dismiss the case or for judgment on the pleadings. It contended that the plaintiff was the victim of misidentification and that his name was removed from the "lookout book." As such, the government maintained that plaintiff had no standing to pursue the case.

On May 14, 1973, the District Court (Judge Gurfein) dismissed the case, holding that plaintiff's individual claim was moot. Becket v. Marks, 358 F.Supp. 1180 (S.D.N.Y. 1973).

Dan Dalton - 11/04/2007


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