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Keywords

plaintiffdefendantmotioncitizenshipnaturalizationliensmotion to dismiss
plaintiffdefendantmotioncitizenshipliensmotion to dismiss

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Gebin v. Mineta

Facts

The Aviation and Transportation Security Act required United States citizenship to be an airport security screener. The plaintiffs, eight lawful permanent residents and one U.S. national from American Samoa, claimed that this requirement violated their rights to equal protection under the Fifth Amendment. They argued that they were eligible for employment as federal screeners but were excluded solely based on their citizenship status, while non-citizens could work in other security-sensitive roles at airports.

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 Dominguez, 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.

Issue

Whether Congress may constitutionally require United States citizenship as a pre-condition to employment as a federal airport security screener.

Whether Congress may constitutionally require United States citizenship as a pre-condition to employment as a federal airport security screener.

Rule

Government action must meet 'strict scrutiny' to constitutionally justify the exclusion of aliens, with exceptions for governmental functions and special deference to the federal government in immigration matters.

Since the Supreme Court decided Graham v. Richardson, 403 U.S. 365, 29 L. Ed. 2d 534, 91 S. Ct. 1848 (1971), the general rule has been that government action must meet 'strict scrutiny' to constitutionally justify the exclusion of aliens.

Analysis

The court found that the governmental function exception did not apply to airport screeners, as they do not possess the discretionary authority or perform the fundamental obligations of government that would warrant such an exception. The court also rejected the government's argument for special deference in immigration matters, noting that the exclusion of U.S. nationals could not be justified under the same standards that apply to immigration and naturalization.

The court found that the governmental function exception did not apply to airport screeners, as they do not possess the discretionary authority or perform the fundamental obligations of government that would warrant such an exception.

Conclusion

The court denied the defendants' motion to dismiss for failure to state a claim, allowing the plaintiffs' challenge to proceed.

The court denied the defendants' motion to dismiss for failure to state a claim.

Who won?

Plaintiffs prevailed as the court denied the defendants' motion to dismiss, allowing their case to continue based on the determination that the exclusion of non-citizens could not be justified under strict scrutiny.

Plaintiffs prevailed as the court denied the defendants' motion to dismiss, allowing their case to continue based on the determination that the exclusion of non-citizens could not be justified under strict scrutiny.

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