Union Fights Trump Administration: What’s at Stake for TSA Agents’ Rights?

Person holding a document labeled "Lawsuit."

Federal employee union files lawsuit challenging Trump administration’s termination of collective bargaining rights for 50,000 TSA agents, claiming Secretary Noem lacks authority to end the seven-year contract.

Top Takeaways

The American Federation of Government Employees (AFGE) is suing DHS Secretary Kristi Noem for terminating a collective bargaining agreement.
The union claims Noem lacks legal authority to end the seven-year contract and views the action as retaliation for previous lawsuits.
DHS contends the union doesn’t represent TSA workers and alleges more officers are engaged in union work than screening passengers.
The lawsuit argues Noem’s actions violate the First and Fifth Amendments and are contrary to law under the Administrative Procedures Act.

Legal Battle Over TSA Workers’ Rights

The American Federation of Government Employees (AFGE) has filed a lawsuit against Department of Homeland Security Secretary Kristi Noem after the Trump administration ended collective bargaining rights for approximately 50,000 Transportation Security Administration officers. The suit challenges the administration’s authority to terminate a collective bargaining agreement that was signed just last year and had a seven-year term. The legal action comes after DHS announced the contract rescission last week, though Secretary Noem had actually signed the termination order last month.

At the heart of the dispute is whether Secretary Noem possesses the legal authority to unilaterally end an established agreement. The AFGE argues the administration has overstepped its bounds by terminating what they characterize as a binding contract with limited provisions for midterm bargaining. The union’s lawsuit directly challenges both the legal basis for the termination and questions whether proper procedures were followed under the Administrative Procedures Act, which governs how federal agencies create and implement regulations.

Claims of Retaliation and Constitutional Violations

The union has explicitly framed the termination as retaliation for previous legal actions it took on behalf of government workers. AFGE alleges the Trump administration’s decision represents a punishment for the organization’s exercise of First Amendment rights. This accusation elevates the dispute beyond a simple labor disagreement into constitutional territory. In court filings, the union has specifically cited violations of both the First and Fifth Amendments to the U.S. Constitution as grounds for challenging the decision.

The Department of Homeland Security has defended its actions with claims that the union does not adequately represent TSA workers. In a particularly pointed criticism, DHS alleged that at most airports, more officers are engaged in union work than in screening passengers—a claim the AFGE strongly disputes. This disagreement highlights the fundamental divide between the administration’s view of the union as an impediment to security operations and the union’s self-perception as an essential advocate for worker rights and fair treatment.

Broader Context and Legislative Efforts

The dispute exists in a complex legal environment, as TSA employees do not currently enjoy the full collective bargaining rights provided to most federal workers under Title 5. While the Biden administration extended these rights in 2021, the legal foundation remains tenuous. This vulnerability has allowed the current administration to reverse course. The situation has prompted legislative action, with Representative Bennie Thompson (D-MS) and Senator Brian Schatz (D-HI) introducing bills designed to permanently align TSA employees’ rights with those of other federal workers.

As the legal battle unfolds, attention turns to the courts to determine whether the Trump administration’s actions will stand. The case represents more than just the fate of one labor agreement—it speaks to the broader relationship between the federal government and its workforce, particularly in sensitive security roles. For the 50,000 TSA agents affected, the outcome will determine their ability to negotiate over working conditions, pay, and other employment terms that directly impact both their livelihoods and potentially the security operations they conduct daily at airports nationwide.