Major Victory In Airport Screeners Case

Preliminary Injunction Permits Noncitizen Screeners To Apply For Their Jobs
For Immediate Release: December 4, 2002

LOS ANGELES - A federal district judge today sided with the American Civil Liberties Union of Northern California, the American Civil Liberties Union of Southern California, the Service Employees International Union (SEIU), and other civil rights groups in granting a preliminary injunction that would allow qualified, noncitizen airport screeners to remain on the job or be considered for jobs they lost as a result of a federal law that would require all airport screeners to be United States citizens. No such requirement exists for airline pilots, flight attendants, airline mechanics, or even members of the U.S. armed forces or National Guard.

“This is a victory for our national security,” said Mark Rosenbaum, an attorney with the ACLU of Southern California. “Some of these workers have served in our nation’s armed forces and many have longtime experience as screeners. There is simply no rational reason why qualified, hard-working screeners should be excluded from consideration for these positions based solely on their national origin.”

As part of the Aviation and Security Transportation Act, noncitizens were barred from working as screeners even though no such requirement was put in place for airline pilots, flight attendants, mechanics of members of U.S. military. In January of 2002, the ACLU/SC filed suit on behalf of nine legal resident, noncitizen screeners employed at LAX and SFO airports. The government later filed a motion to dismiss the case and that motion was denied on Wednesday. Today, judge Robert M. Takasugi issued a preliminary injunction, preventing the government from enforcing the citizenship requirement of the Aviation and Security Transportation Act.

"We are very encouraged by this ruling. Discriminating against non-citizen airport screeners will not make us safer or more secure, " said Alan Schlosser, legal director of the ACLU of Northern California. "In fact it will certainly decrease air travel security by eliminating much of the experienced and trained workforce. We cannot allow the tragic events of September 11 to be used as an excuse to scapegoat immigrants, something that has unfortunately occurred at moments of crisis in our nation's history."