Gebin

ORDER DENYING MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

In the aftermath of the terrorist attacks of September 11, 2001, the Aviation and Transportation Security Act (“ATSA”) was signed into law on November 19, 2001, with the stated purpose to “improve aviation security.” The ATSA, inter alia, provides for federal control of airport screening of passengers and Section 111 thereof adds a new employment requirement for airport screeners: United States citizenship.

According to their complaint, Plaintiffs Jeimy Gebin, Vicente Crisologo, Christina Robertson, Lay Kheng Tan, Erlinda Valencia, Ruperta Gonzalas Boja, Alba Reyes, Eleanor Miranda and Pablo Domin guez, eight lawful permanent residents and one U.S. national from American Samoa, have been employed as airport screeners and, but for implementation of Section 111, would be eligible to apply for continuing employment as federal screeners. Plaintiffs bring this action against Norman Y. Mineta, in his official capacity as Secretary of the United States Department of Transportation, and John W. Magaw, in his official capacity as Under Secretary of Transportation for Security, seeking declaratory and injunctive relief…