Supreme Court takes up case of fired air marshal
Headline Legal News
The Supreme Court agreed Monday to consider the case of a federal air marshal who was fired after leaking information to the press about aviation security plans.
The justices will hear an appeal from the Obama administration, which claims Robert MacLean is not entitled to whistleblower protection for disclosing that the Transportation Security Administration planned to save money by cutting back on overnight trips for undercover air marshals.
MacLean was fired in 2006, three years after he told a reporter the cuts were being made despite a briefing days earlier about an imminent terrorist threat focusing on long-distance flights. MacLean said he leaked the information after his boss ignored his safety concerns.
When news of the planned became public, congressional leaders expressed their concerns and the Department of Homeland Security acknowledged that the plan was a mistake. No flight assignments requiring overnight hotel stays were canceled.
The U.S. Court of Appeals for the Federal Circuit ruled last year that MacLean should be allowed to present a defense under federal whistleblower laws. But the government argues that the law does not protect employees who reveal "sensitive" security information.
MacLean asserts that no law specifically prohibited him from revealing the information because it wasn't considered sensitive when it was shared with him. The agency's decision to curb the overnight trips was sent as a text to MacLean's cellphone without using more secure methods. He says the law protects government employees who report violations of the law or specific danger to public safety.
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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists
U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.
TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.