New law barring non-citizens as airport screeners found unconstitutional

AP ^ | 11/15/02 | Gary Gentile

[Rome2000]

Nation: New law barring non-citizens as airport screeners found unconstitutional

Copyright © 2002 AP Online
By GARY GENTILE, AP Business Writer   AP Photo/Lucian Read Mark Rosenbaum, executive director of the American Civil Liberties Union of Southern California, talks with reporters after a federal judge temporarily blocked a rule saying the government's new airport security screeners must be U.S. citizens, outside the federal courthouse in downtown Los Angeles on Friday, Nov. 15, 2002. LOS ANGELES (November 15, 2002 7:54 p.m. EST) - A federal judge on Friday temporarily blocked a rule saying the government's new airport security screeners must be U.S. citizens. The portion of the Aviation and Transportation Security Act barring non-citizens from the positions is unconstitutional, U.S. District Judge Robert Takasugi ruled. Takasugi's preliminary injunction will remain in place until trial in a civil rights lawsuit brought by nine plaintiffs at Los Angeles and San Francisco International Airports. No trial date has been set. The ruling will affect as many as 8,000 airport screeners, most of whom already have lost their jobs, said Ben Wizner, a lawyer for the American Civil Liberties Union of Southern California, which brought the case. Plaintiffs lawyers said the ruling will apply to airports nationwide and will allow the non-citizen workers to reapply for jobs that became federal positions following the Sept. 11 terrorist attacks. U.S. Justice Department lawyer Elizabeth Shapiro declined to comment on the ruling. She said it was not clear that the injunction would apply nationwide. Mark Rosenbaum, executive director of the ACLU of Southern California, compared the government's attempt to fire non-citizens from screening jobs to the World War II internment of Japanese-Americans. "You're classifying a group of non-citizens as inherently dangerous," he said. A Nov. 19 deadline had been set for airports to remove all non-citizens from screening jobs. Rosenbaum noted that the ban did not apply to other airport workers. "From the pilots to the cargo handlers to people who work in the gift shop, there's no citizenship requirement," he said. Congress passed a law last November to federalize all airport screeners. ACLU lawyers also said they hoped the judge's decision would convince Congress to pass an amendment before the Senate that would allow U.S. nationals to hold airport security screening jobs. One of the plaintiffs is from American Samoa, who had been barred from applying as a baggage screener.

[CDHart]

You're right -- I'm afraid we'll regret this PC attitude toward Muslims.

Carolyn

[Publius6961]

LOL

Is this the Federal District court that is reversed 85% of the time?

Muslim humor?

[grania]

I wrote:If that doesn't happen, soon, there will be a continual, irreversible lose of jobs, freedoms, and security for US citizens.

You wrote: Uh... have you looked for a job lately?

I know; it's bad for job hunting out there, unless one wants something really menial. That's why there is an urgency about the situation. Non-citizens should be sent home when their time here expires. Instead, they're still coming in. I'm not real confident that anyone in power will get it and do what's necessary before the situation is irreversible.

[Morrigan]

Maybe I'm being a little pessimistic here, but I think the judge's ruling will be allowed to stand. From what I see on a day to day basis, stupid sh!t is going on like this every day and no one ever stops it. America has collectively lost its balls, and there are too few of those that still have them to really do anything.

:(

[CyberAnt]

Well ... Some LEGAL immigrants want to work. If the airport screeners were just subjected to a competent background search - including fingerprinting, etc., I cannot see what the problem is with them having to be "citizens".

The only qualms I have about it is this: if the person is "legal", but not a citizen, then what are his loyalties to his former country of origin or country of former residence. I think that issue needs to be considered - I mean I don't think we should employ say ... Syrian "legal" airport screeners. Primarily because Syria is known to support terrorism and those employees might be subjected to blackmail of their families who might still be in Syria.

[dennisw]

Friggin' scumbag judge. Thanks for the link.

[takenoprisoner]

Seems Judge Takasugi might still be PO'd about being incarcerated during WWII along with his family. Could he hold a grudge that long? Rumor has it that we are at war.

[NetValue]

"Next they'll be allowed to be mechanics on the F-117 fighter/bomber."

Maybe federal judges shouldn't need to be US Citizens.....hmmmm? Maybe we need some alien islamics as federal judges.....Maybe restricting them from being judges could be ruled unconstitutional. Sen. Lahey, are you listening?

Many of these appointees on "the bench" have twisted minds. That is why we get "justice" that stands good sense on its head.

[NetValue]

I think this judge should be considered for impeachment.

[Darksheare]

Soo.. lemme get this straight. A baggage handler can be a bunch of Ahmeds straight from Saudi and Iraq, right?

Gee.. I feel safe now.
Thanks ACLU.

[wcbtinman]

"How long are the American people gonna put up with this bu!!$#*^ ?"

Until we have the courage to talk about the only solution left to us.

[takenoprisoner]

He has an ax to grind. See my 148. You decide.

[HadEnough]

"Of course, if the Constitution can be construed to say an unborn child may be legally killed, it can be construed to say anything.

I'm fresh out of arguments to dispute this. SIGH."

Now you both truly understand that we are living in the

POST CONSTITUTIONAL ERA OF THE UNITED STATES!

[Lurking2Long]

Perhaps the judge will require the U.S. to post the jobs only in countries like Iraq, Iran, Saudi Arabia...

[shootist]

just say when!!

[Godel]

I don't understand why the Republicans dont make more political hay out of insane decisions like this. I mean they always try to portray conservative judges as insane extremists. We need to start beating the drums and show how out of step and america hating the liberal activist judges are. The average american does not support insane anti-american decisions like this. A couple more well publicized decisions like this and the American people will make sure Bush gets 60 Republicans in the Senate if needed. This could be a huge issue for the Republicans if they have the guts to use it.

[jackbill]

This asshole judge's decision will be appealed to the Ninth Circuit, which has the world's record for being overturned by the Supremes. The Supremes will eventually get it and they will once again, slam the Ninth Circuit.

[Rome2000]

This came out late Friday, if the RNC and impartial media are worth anything, Pelosi and her socialist friends in the rat party will have to go on record as either supporting or rejecting this decision by Monday night.

[blondee123]

Where does it say that non-citizens get consitutional rights? Or am I wrong in believing those rights are for legal citizens of the United States?