Delta confirms it asked DOJ to create a new national unruly passenger no-fly list
Delta Air Lines is leading the charge when it comes to banning unruly and sometimes violent passengers. Delta confirmed to TPG that Chief Executive Ed Bastian wrote a letter to U.S. Attorney General Merrick B. Garland asking the Justice Department to help crack down on misbehaving passengers.
His ask? He wants flyers who attack crew on planes or disrupt flights to be put on a "no-fly" list.
You may remember, Delta was behind an idea during the COVID-19 pandemic for airlines to create their own version of the national no-fly list that has been used mostly to keep potential terrorists off planes.
Bastian wanted the airlines to share data on bad passengers. The idea ultimately was scrapped amidst opposition from other airlines and fears over civil rights lawsuits.
Now, Bastian has written a new letter to the Justice Department saying a proposed unruly passenger no-fly list maintained by the government instead of airlines, "will help prevent future incidents and serve as a strong symbol of the consequences of not complying with crew member instructions on commercial aircraft."
Delta CEO letter to DOJ. (Screenshot courtesy Delta Air Lines)
"Delta's suggestion isn't just a good idea, it's a damned good idea," said Henry Harteveldt, a travel industry analyst and president of Atmosphere Research. He told TPG, "The government should have acted to create an industry-wide list of unruly passengers a long time ago."
"Any disruption or act of violence on our planes and at our airport's warrants full and public prosecution of the offenders, with zero tolerance for any behavior that interferes with flight safety," wrote Bastian in the letter.
Related: Congress gets an earful on unruly flyer incidents aboard US flights
So far, no comment from the Department of Justice.
"Ed Bastian is fed up. Flight crews are fed up," said Tim Jue, a San Francisco-based reporter covering airlines and travel. "These outbursts are disruptive, scary, expensive, and put airline staff in a precarious position they did not sign up for when they took the job," Jue continued, "2021 was an ugly year for airline passenger behavior and we heard and saw some shocking incidents. The airlines fear 2022 might be a continuation of last year's troubling trend."
Delta's idea is not without its challenges, according to Harteveldt, "There are legal issues about how an industry-wide list ... needs to be created so that it not only complies with all laws, but that airlines don't misuse the data." Harteveldt brought up the idea of a flight attendant on a power trip potentially using the list as a threat against passengers for no legitimate reason.
"Another challenge is that passengers who are banned will need to have some type of redress process because if they feel the ban is unfair, they should have the opportunity to defend themselves," he added. "The redress process for this potential list could potentially follow a similar framework that is used for passengers who believe they have been wrongly added to the no-fly terrorist list."
The FAA has been cracking down on misbehaving passengers with a "zero-tolerance" policy for unruly behavior imposing increasingly expensive fines and even urging the DOJ to prosecute scofflaws for federal crimes. It appears to be working.
Related: FAA reaches $1 million benchmark in fines issued to unruly passengers
2021 was the worst year on record for unruly passengers according to the FAA, which logged 5,981 unruly passenger reports including 4,290 mask-related incidents. The FAA introduced its Zero-Tolerance policy on Jan. 13, 2021.
Indeed, the Department of Justice previously said it would begin more rigorous prosecution of air rage incidents,
U.S. Attorney General Garland directed staff at the Department of Justice to prioritize the prosecution of federal crimes committed on planes and at airports back in November.
That move gave law enforcement more power and resources to investigate and prosecute crimes committed in the air.
The news comes as two passengers were kicked off a Delta flight just this week in Ft. Lauderdale according to NBC Miami.
"Delta has zero-tolerance for unruly behavior at our airports and on our flights, as nothing is more important than the safety of our customers and flight crews," the airline said in a statement to local media.
There has been a dramatic increase in unruly passenger incidents since the COVID-19 pandemic started, according to the Federal Aviation Administration.
Harteveldt said, "What I like about the concept of an industry-wide no-fly list for unruly passengers is that maybe the threat of being banned from all airlines would be enough to calm the unruly passenger down and stop them from taking their actions to a point of no return."
TPG featured card
at American Express's secure site
Terms & restrictions apply. See rates & fees.
| 3X | Earn 3X Miles on Delta purchases. |
| 1X | Earn 1X Miles on all other eligible purchases. |
Pros
- Delta SkyClub access when flying Delta
- Annual companion ticket for travel on Delta (upon renewal)
- Ability to earn MQDs through spending
- Various statement credits for eligible purchases
Cons
- Steep annual fee of $650
- Other Delta cobranded cards offer superior earning categories
- Earn 100,000 Bonus Miles after you spend $6,000 or more in purchases with your new Card within the first 6 months of Card Membership and an additional 25,000 bonus miles after you make an additional $3,000 in purchases on the Card within your first 6 months, starting from the date that your account is opened. Offer Ends 04/01/2026.
- Delta SkyMiles® Reserve American Express Card Members receive 15 Visits per Medallion® Year to the Delta Sky Club® when flying Delta and can unlock an unlimited number of Visits after spending $75,000 in purchases on your Card in a calendar year. Plus, you’ll receive four One-Time Guest Passes each Medallion Year so you can share the experience with family and friends when traveling Delta together.
- Enjoy complimentary access to The Centurion® Lounge in the U.S. and select international locations (as set forth on the Centurion Lounge Website), Sidecar by The Centurion® Lounge in the U.S. (see the Centurion Lounge Website for more information on Sidecar by The Centurion® Lounge availability), and Escape Lounges when flying on a Delta flight booked with the Delta SkyMiles® Reserve American Express Card. § To access Sidecar by The Centurion® Lounge, Card Members must arrive within 90 minutes of their departing flight (including layovers). To access The Centurion® Lounge, Card Members must arrive within 3 hours of their departing flight. Effective July 8, 2026, during a layover, Card Members must arrive within 5 hours of the connecting flight.
- Receive $2,500 Medallion® Qualification Dollars with MQD Headstart each Medallion Qualification Year and earn $1 MQD for each $10 in purchases on your Delta SkyMiles® Reserve American Express Card with MQD Boost to get closer to Status next Medallion Year.
- Enjoy a Companion Certificate on a Delta First, Delta Comfort, or Delta Main round-trip flight to select destinations each year after renewal of your Card. The Companion Certificate requires payment of government-imposed taxes and fees of between $22 and $250 (for itineraries with up to four flight segments). Baggage charges and other restrictions apply. Delta Basic experiences are not eligible for this benefit.
- $240 Resy Credit: When you use your Delta SkyMiles® Reserve American Express Card for eligible purchases with U.S. Resy restaurants, you can earn up to $20 each month in statement credits. Enrollment required.
- $120 Rideshare Credit: Earn up to $10 back in statement credits each month after you use your Delta SkyMiles® Reserve American Express Card to pay for U.S. rideshare purchases with select providers. Enrollment required.
- Delta SkyMiles® Reserve American Express Card Members get 15% off when using miles to book Award Travel on Delta flights through delta.com and the Fly Delta app. Discount not applicable to partner-operated flights or to taxes and fees.
- With your Delta SkyMiles® Reserve American Express Card, receive upgrade priority over others with the same Medallion tier, product and fare experience purchased, and Million Miler milestone when you fly with Delta.
- Earn 3X Miles on Delta purchases and earn 1X Miles on all other eligible purchases.
- No Foreign Transaction Fees. Enjoy international travel without additional fees on purchases made abroad.
- $650 Annual Fee.
- Apply with confidence. Know if you're approved for a Card with no impact to your credit score. If you're approved and you choose to accept this Card, your credit score may be impacted.
- Terms Apply.
- See Rates & Fees