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2.0

CBP adopts new interpretation of "authorized residency" requirement for airport workers to obtain Customs seal

  1. Original Date Announced

    February 1, 2025

    According to a lawsuit, CBP has adopted a new interpretation of the “authorized residency” requirement for obtaining and maintaining a Customs seal. To access airport areas related to international travel, airport workers are required to display a Customs seal, which is approved and issued by CBP. Under federal regulations, employees may be required to submit “[p]roof of citizenship or authorized residency” as part of their seal application. Proof of valid work-authorization was sufficient to satisfy the “authorized residency” requirement before 2025.

    The complaint alleges that since February 2025, CBP has revoked en masse the Customs seals of immigrant airport workers at sites including Boston Logan International Airport, San Francisco International Airport (SFO), John F. Kennedy International Airport (JFK), George Bush Intercontinental Airport (Houston), and Orlando International Airport because the workers lack “authorized residency.” Memos allegedly issued by CBP to JFK employers in May 2025 and to SFO employers in November 2025 state that valid work-authorization does not confer “authorized residency;” persons with “authorized residency” now include only U.S. citizens; lawful permanent residents; refugees; asylees; DACA recipients; persons admitted pursuant to the Compact of Free Association Act; persons with T-1, V, U1, U2, U3, U4, or U5 status; VAWA self-petitioners; and persons admitted under certain Temporary Worker Classifications.

    The complaint alleges that CBP's new interpretation of the "authorized residency" requirement and revocation of individual seals violate the Administrative Procedure Act and the Fifth Amendment.

    Service Employees International Union (SEIU) v. Scott, No. 1:26-cv-11251 (D. Mass.).

    **Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

    Trump 2.0 [ID #2254]

    2026.03.13 Complaint - SEIU v. Scott
  2. Effective Date

    February 1, 2025

Current Status

None

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