Judge Denies Government’s Motion To Dismiss Case, Allowing Non-Screeners To Remain Eligible For Federal Posts


For Immediate Release: November 13, 2002

SAN FRANCISCO – A federal district judge in Los Angeles has sided with the ACLU of Southern California, the ACLU of Northern California, the Service Employees International Union (SEIU), and a coalition of civil rights groups by ruling that their constitutional challenge to the government’s exclusion of qualified non-citizen baggage screeners from eligibility for federal screener posts may go forward.

Non-citizens – including legal permanent residents and United States nationals – were categorically barred from new federal screener posts as part of the Aviation and Transportation Security Act that was passed last January by Congress. No such requirement exists for members of the U.S. military, airline pilots, baggage handlers, flight attendants, cargo loaders, mechanics, guards, airplane cleaners and members of the National Guard.

The ACLU/SC and the ACLU/NC together with other civil rights groups, filed suit on behalf of nine airline screeners at LAX and SFO airports who have been excluded from consideration for the new posts. Many screener positions throughout the country were held by legal U.S. residents. At San Francisco International airport, 80% of the screeners were non-citizens at the time the suit was filed in January of 2002.

Efforts to amend the citizenship requirement have stalled in the United States Congress.

The plaintiffs in the case have filed for a preliminary injunction that would compel the Transportation Security Administration to consider non-citizens for the new screener posts. A hearing is scheduled for Friday, November 15, 2002 at the federal courthouse in downtown Los Angeles.