K.H.
K.H. v. Secretary of the Department of Homeland Security
Opinion
Lead Opinion
Tigar, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
-. Re: ECF No. 76 giLE-D-U-N-DER-SEAL
Before the Court is Defendant Secretary of the Department of Homeland Security’s (“Defendant”) motion for summary judgment. The Court will grant the motion in part, and deny it in part.
I, BACKGROUND
A. Factual Background
The Federal Air Marshal Service (“the Service”) is a federal law enforcement *791 agency within the Transportation Security Administration (“TSA”) whose mission “is to protect the nation’s commercial aviation system, by detecting, deterring, and defeating hostile acts targeting U.S. air carriers, airports, passengers and crews.” ECF No. 70 ¶ 2. Before the September 11, 2001- attacks, the Service had only 33 Federal Air Marshals (“FAMs”). ECF No. 70 ¶4. After the attacks, “President George W. Bush ordered the rapid expansion of the [Service]” and “thousands of FAMs were added to the ranks.” ECF No. 70 ¶ 4. Until 2014, each FAM worked out of one of the Service’s 26 field offices across the country. ECF No. 70-2 at 5.
According to Defendant, FAMs implement the Service’s mission by traveling on flights that the Service deems “high-risk.”…