Gebin

ORDER GRANTING PRELIMINARY INJUNCTION

This matter having come before the court for hearing on November 15, 2002 on the motion by plaintiffs for preliminary injunction barring enforcement of the citi zenship requirement in the Aviation Transportation and Security Act (“ATSA”) pending the outcome of this litigation, and the court having considered the pleadings and other papers filed herein and the argument of counsel, the court finds as follows:

Traditionally, the criteria considered in determining whether to grant a preliminary injunction are:

Miller v. California Pacific Medical Center, 19 F.3d 449, 456 (9th Cir.1994) (en banc) (citations omitted).

In denying defendants’ motion to dismiss pursuant to Fed. R. Civ. Proc. 12(b)(6), this court has addressed the merits of plaintiffs’ claim and has held that plaintiffs’ constitutional challenge to the citizenship requirement for employment as airport security screeners states a claim upon which relief could be granted, in that defendants have not established that the exclusion of all non-citizens is the least restrictive means to further the governmental interest in improving aviation security. Plaintiffs have, therefore,…