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Airport Screeners Victory
In December, Federal District Judge Robert Takasugi issued a preliminary injunction against the government in the Gebin v. Mineta case. The case, brought by the ACLU/SC and other civil rights groups, was filed on behalf of nine airline screeners at LAX and SFO airports who have been excluded from consideration for new federal screener posts. Non-citizens, who include legal permanent residents and U.S. nationals, were barred from the new positions as part of the Aviation and Transportation Security Act. The new requirement exists despite no such requirement 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.
Ben Wizner, staff attorney at the ACLU/SC, said the case was not just about civil rights, but public safety. “It doesn’t make sense to prohibit our airports from hiring the most experienced and tested screeners, regardless of citizenship,” Wizner said.
Judge Takasugi’s ruling, which came on November 14, said that barring non-citizens from the positions is unconstitutional and that the “plaintiffs have… sufficiently alleged a constitutional deprivation to warrant a finding of irreparable harm.”
Mark Rosenbaum, legal director of the ACLU/SC called the victory historic. “How can we send non-citizens to fight in our armed forces, but tell them they are not welcome to work in our airports? All we are asking is that these people be given the opportunity to apply to keep their jobs. This ruling demonstrates that the United States can wage a war on terrorism without making our civil liberties the first casualty,” said Rosenbaum.
While the ruling is significant to the plaintiffs, it has little effect on the estimated 8,000 immigrant screeners nationwide who were prevented from applying for the new jobs because of the requirement. Plaintiffs are considering whether or not to make the case a nationwide class-action lawsuit, Wizner said. Efforts to amend the citizenship requirement have stalled in the United States Congress.
Over 80% of the screeners in San Francisco and 40% in Los Angeles were excluded from applying for the new federal employee positions required by the Aviation and Transportation Security Act, which was passed in the wake of the September 11 attacks.
OCTOBER 2003
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