A federal audit reveals that local police regularly fail to notify the FBI when they encounter individuals on the terrorism watchlist, creating dangerous gaps in America’s counterterrorism defense network.
The Reporting Breakdown That Threatens National Security
The Department of Justice Office of the Inspector General’s latest audit exposes a critical flaw in America’s post-9/11 security architecture. While the FBI’s Terrorist Screening Center processes millions of background checks annually, the system depends entirely on state and local police voluntarily reporting their encounters with watchlisted individuals. This voluntary approach has created systematic gaps that could allow dangerous individuals to slip through the cracks undetected.
The Terrorist Screening Operations Center serves as the hub for confirming matches and notifying FBI counterterrorism units, but the entire system collapses when local officers simply don’t make the call. Unlike federal databases that automatically flag encounters, local police departments operate independently, making reporting decisions case by case without standardized protocols or federal oversight.
A System Built on Shaky Foundations
The terrorism watchlist emerged from the chaos following September 11th as a consolidated screening tool combining various no-fly and selectee lists. By 2008, it had ballooned to 1.1 million names, prompting the ACLU to denounce it as a “comedy of errors” that wastes taxpayer resources while failing to protect Americans.
A devastating 2009 audit revealed the system’s fundamental problems: 35% error rates, over 24,000 outdated records among just 68,669 reviewed entries, dead people still listed as threats, and more than 50,000 unexplained entries with no clear justification. The removal process proved so broken that some individuals remained listed for five years after their cases closed, turning the watchlist into a bureaucratic tar pit.
Afghan Evacuation Exposes Deeper Problems
Recent Afghan evacuee screenings between July 2021 and May 2023 illustrate how the reporting failures compound security risks. The Terrorist Screening Center processed 3,300 watchlist encounters during this period, but a staggering 82% were discovered only after evacuation was complete. While the FBI properly notified partner agencies in most cases, nine of 55 reviewed evacuees remain on the watchlist with ongoing tracking requirements.
These numbers represent more than statistical failures—they reveal how local law enforcement’s inconsistent reporting creates blind spots in real-time threat assessment. When police encounter watchlisted individuals but fail to report it immediately, federal agencies lose crucial intelligence about terrorist movements and activities within American communities.
The Cost of Broken Communication
The audit findings highlight a fundamental tension in American federalism: local police prioritize immediate public safety concerns over federal reporting requirements, while the FBI depends on these same locals for its early warning system. This creates a classic collective action problem where individual departments may see federal reporting as someone else’s responsibility, leading to systemwide failures.
The implications extend beyond missed notifications. When the system fails to capture encounters accurately, it undermines the entire premise of watchlist screening. Travelers face unnecessary delays while actual threats may move freely, creating the worst of both worlds—security theater that inconveniences innocent Americans while failing to stop determined terrorists. Until Congress mandates standardized reporting protocols with real accountability measures, America’s counterterrorism efforts will continue operating with one hand tied behind their back.
Sources:
FBI Inspector General Reports 35 Percent Error Rate on Terror Watchlist
Office of Inspector General Report 25-056
Fed audit says local police don’t report all terror watchlist encounters to FBI
Congressional Research Service Report IF12669