9th Circuit Vacates And Remands Preliminary Injunction Of Airport Screener Citizenship Requirement

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9TH CIRCUIT VACATES AND REMANDS PRELIMINARY INJUNCTION OF AIRPORT SCREENER CITIZENSHIP REQUIREMENT
Immigrants' Rights Update, Vol. 17, No. 3, June 3, 2003

The Ninth Circuit Court of Appeals has vacated and remanded the preliminary injunction issued by Judge Tagasuki in Nov. 2002, which forbids the U.S. government from enforcing the citizenship requirements in the Aviation and Security Transportation Act. (For an explanation of the injunction, see “Federal Judge Denies Government’s Motion to Dismiss Airport Screeners’ Suit, Issues Preliminary Injunction,” Immigrants’ Rights Update, Nov. 22, 2002.)

The plaintiffs in this case are nine airport baggage screeners who did not meet the citizenship requirements of that act. In remanding the case to the district court, the Ninth Circuit instructed the lower court to consider the Homeland Security Act, which amends the Aviation and Security Transportation Act and permits U.S. nationals as well as U.S. citizens to be employed as baggage screeners. (For an explanation of the lawsuit, see “Lawsuit Challenges New Citizenship Requirement for Airport Screeners,” IRU, Feb. 28, 2002.) U.S. nationals include all U.S. citizens, as well as individuals who, though not citizens of the U.S., owe permanent allegiance to the U.S.

Gebin v. Mineta, No. 02-57033 (9th Cir. May 20, 2003).