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 Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.