TSA Wins Ruling over Air Marshal's Text Leak
National News
The Transportation Safety Agency did not violate an air marshal's due process rights when it disciplined him for leaking a text message to the media, the 9th Circuit ruled.
Robert McLean received a text message in late July 2003 stating that there would be no air marshals on overnight flights through Aug. 9.
McLean's concern over safety issues led him to spread the news to the media. The Federal Air Marshal Service later determined that the text message did not reflect a final decision, and no overnight missions were cancelled.
McLean was fired for the incident more than two years later. The TSA issued an order ruling that McLean had divulged "sensitive security information."
In a per curiam decision, the circuit judges ruled that the TSA had every right to make such an order. McLean's rights under the Whistleblower Protection Act were not violated because the TSA's order was not a personnel decision.
"The fact that the order has some impact on McLean's proceedings does not convert it to a 'personnel action,'" the judges wrote.
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USCIS to Continue Implementing New Policy Memorandum on Notices to Appear
U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).
USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).
If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.