CAPABA joined NAPABA’s amicus briefs, which were filed in opposition to the President’s appeal to the Ninth Circuit of the temporary restraining order granted in Hawaii, et al. v. Trump, et al., No. 17-00050 (D. Haw. Mar. 15, 2017) and in opposition to the President’s appeal to the Fourth Circuit of the preliminary injunction granted in Int’l Refugee Assistance Project, et al. v. Trump, et al., No. TDC-17-0361 (D. Md. Mar. 15, 2017). Therein, NAPABA argues that the President’s revised executive order contravenes Congress’s prohibition on nationality-based discrimination, which was intended to reverse a long history of injustice that predominantly discriminated against migrants from Asia. NAPABA also argues that the revised executive order violates federal law and demonstrates a “bad faith” basis that requires invalidation. NAPABA describes the history of U.S. immigration policies discriminating Asian migrants since the 1800s, cites legal precedent, and summarizes the legislative history of the applicable federal laws to further demonstrate these points. Finalized copies of the Ninth Circuit brief and the Fourth Circuit brief are now available. The Fourth Circuit will hear Int’l Refugee Assistance Project, et al. v. Trump, et al. on May 8th in Richmond, VA, and the Ninth Circuit will hear Hawaii, et al. v. Trump, et al. on May 15th in Seattle. CAPABA is proud to participate in these amicus briefs and applauds NAPABA for its tremendous efforts.
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