U.S. plans to send transportation staff to U.S.-Mexico border

FILE PHOTO: Concertina wire is seen atop a section of border fence near the U.S.-Mexico border in Donna, Texas, U.S. May 2, 2019. REUTERS/Loren Elliott

WASHINGTON (Reuters) – The Trump administration plans to redirect Transportation Security Administration staff to the U.S. southern border to assist with immigration duties and migrant flows, the TSA said on Wednesday.

A TSA spokesman said in a statement the bureau was looking for volunteers to support efforts at the U.S. border with Mexico, where the government has said it is grappling with record numbers of people.

“TSA, like all DHS components, is supporting the DHS effort to address the humanitarian and security crisis at the southwest border. TSA is in the process of soliciting volunteers to support this effort while minimizing operational impact,” TSA spokesman James Gregory said in a statement.

The TSA border assignment will last at least 45 days and comes at the start of the busy summer travel season, which a U.S. official acknowledged carried “some risk,” CNN reported, citing an internal email it obtained.

TSA staff will include 175 law enforcement officials, including air marshals, and as many as 400 security staff drawn from six U.S. cities but will not include airport screeners, CNN said, citing two additional unnamed sources. The six cities were not immediately identified.

TSA law enforcement officials sent to the border will receive legal training and assist the Customs and Border Protection department as immigration officers, the report said.

The decision comes as the airline and travel industry urge lawmakers to approve funding for more Customs and Border Patrol officers, warning of excessive wait times for traveling and shipping as officers have been shifted to the border.

The Department of Interior has also doubled the number of officers it is sending for three-week stints to the border, from 22 to 47, The Hill reported on Wednesday, citing an internal memorandum.

An Interior Department spokesman did not immediately respond to a request for comment.

The U.S. government reported earlier this month that border officers had apprehended nearly 99,000 people crossing the border with Mexico in April, the highest figure since 2007. More than two-thirds of those apprehended were children or people traveling as families.

(Reporting by David Shepardson; Additional reporting by Makini Brice; Writing by Susan Heavey; Editing by Jeffrey Benkoe and Meredith Mazzilli)

TSA screeners win immunity from flier abuse claims: U.S. appeals court

FILE PHOTO: A Transportation Security Administration (TSA) official's wears a TSA badge at Terminal 4 of JFK airport in New York City, U.S., May 17, 2017. REUTERS/Joe Penney/File Photo

By Jonathan Stempel

(Reuters) – Fliers may have a tough time recovering damages for invasive screenings at U.S. airport security checkpoints, after a federal appeals court on Wednesday said screeners are immune from claims under a federal law governing assaults, false arrests and other abuses.

In a 2-1 vote, the 3rd U.S. Circuit Court of Appeals in Philadelphia said Transportation Security Administration (TSA) screeners are shielded by government sovereign immunity from liability under the Federal Tort Claims Act because they do not function as “investigative or law enforcement officers.”

The majority said it was “sympathetic” to concerns that its decision would leave fliers with “very limited legal redress” for alleged mistreatment by aggressive or overzealous screeners, which add to the ordinary stresses of air travel.

“For most people, TSA screenings are an unavoidable feature of flying,” but it is “squarely in the realm” of Congress to expand liability for abuses, Circuit Judge Cheryl Ann Krause wrote.

The decision, the first on the issue by a federal appeals court, was a defeat for Nadine Pellegrino, a business consultant from Boca Raton, Florida.

She and her husband had sued for false arrest, false imprisonment and malicious prosecution over a July 2006 altercation at Philadelphia International Airport.

Pellegrino on Wednesday said she was reviewing the decision. A lawyer who helped with her appeal did not immediately respond to requests for comment.

According to court papers, Pellegrino had been randomly selected for additional screening at the Philadelphia airport before boarding a US Airways flight to Fort Lauderdale, Florida.

Pellegrino, then 57, objected to the invasiveness of the search, but conditions deteriorated and she was later jailed for about 18 hours, the papers show. Criminal charges were filed, and Pellegrino was acquitted at a March 2008 trial.

Circuit Judge Thomas Ambro dissented from Wednesday’s decision.

“By analogizing TSA searches to routine administrative inspections, my colleagues preclude victims of TSA abuses from obtaining any meaningful remedy for a variety of intentional tort claims,” he wrote.

Torts are civil wrongs that can result in damages.

A spokesman for U.S. Attorney William McSwain in Philadelphia, whose office represented TSA officials, had no immediate comment.

The appeals court ruled 11 months after throwing out a First Amendment claim by an architect, Roger Vanderklok, who said he was arrested in retaliation for asking to file a complaint against an ill-tempered TSA supervisor.

The case is Pellegrino et al v U.S. Transportation Security Administration et al, 3rd U.S. Circuit Court of Appeals, No. 15-3047.

(Reporting by Jonathan Stempel in New York; Editing by David Gregorio)