So Legally , the Judge has a point...
If Non-Citzens can serve in our Armed forces, then this law will be thrown out......
They are protected under the equal protection of the Consititution.......................
As long as these workers are legally here,,,then you can't deny them a job.
What about security clearences? There are different levels of security clearence issued for military, intelligence, and law enforcement jobs. US citizens are denied positions for that reason. Could job qualification requirements not be toughned for airport screeners and other positions to exclude non-citizens for that reason?
Do they take an Oath to '... protect and defend the Constitution ...'?
... or members of our military!
They do.
I served in the USNavy, and had to submit a 'Letter of Intent' and take that Oath; which I did gladly. Sorry, regardless of any 'state of war', immigrants should not be allowed in positions without certified clearance and verification. Fire them.