International Refugee Assistance Project v. Trump

Filing 144

MOTION by History Professors and Scholars, Amici Curiae Supporting Plaintiffs-Appellees for leave to file amici curiae brief court Order [108],court Order for initial hearing en banc (FRAP 35) [108]. Date and method of service: 04/19/2017 ecf. [1000064535] [17-1351] Carlos Singer

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No. 17-1351 IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT _______________________________________ INTERNATIONAL REFUGEE ASSISTANCE PROJECT, a project of the Urban Justice Center, Inc., on behalf of itself; HIAS, INC., on behalf of itself and its clients; MIDDLE EAST STUDIES ASSOCIATION OF NORTH AMERICA, INC., on behalf of itself and its members; MUHAMMED METEAB; PAUL HARRISON; IBRAHIM AHMED MOHOMED; JOHN DOES #1 & 3; JANE DOE #2, Plaintiffs – Appellees, v. DONALD J. TRUMP, in his official capacity as President of the United States; DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF STATE; OFFICE OF THE DIRECTORY OF NATIONAL INTELLIGENCE; JOHN F. KELLY, in his official capacity as Secretary of Homeland Security; DANIEL R. COATS, in his official capacity as director of National Intelligence, Defendants – Appellants. _____________________________ On Appeal from the United States District Court for the District of Maryland (8:17-cv-00361-TDC) _________________________________________ HISTORY PROFESSORS AND SCHOLARS’ MOTION FOR LEAVE TO FILE AMICI CURIAE BRIEF IN SUPPORT OF PLAINTIFFS-APPELLEES ________________________________________ Katherine K. Huang* Carlos A. Singer HUANG YBARRA SINGER & MAY LLP 550 South Hope Street, Suite 1850 Los Angeles, CA 90071 Tel: (213) 884-4900 Email: Carlos.Singer@hysmlaw.com Counsel for Amici Curiae 1 Amici curiae respectfully move the Court under Rule 29(a) of the Federal Rules of Appellate Procedure for leave to file a brief in support of PlaintiffsAppellees. A copy of the proposed brief is attached as Exhibit A to this motion. The parties have consented to timely filed amicus briefs in this matter. I. AMICI CURIAE Amici curiae are professors who are experts in U.S. and world history. Amici are the following: Professor Katherine Benton-Cohen Professor Michael Berkowitz Professor Lila Corwin Berman Professor Alicia Schmidt Camacho Professor Margot Canaday Professor John M. Efron Professor Crystal N. Feimster Professor David Scott FitzGerald Professor Estelle B. Freedman Professor Sharon Gillerman Professor Glenda E. Gilmore Professor Kelly Lytle Hernandez Professor Susannah Heschel Professor Jonathan M. Hess Professor Matthew Frye Jacobson Professor Karl Jacoby Professor Benjamin H. Johnson Professor Thomas Laqueur Professor Erika Lee Professor Paul Lerner Professor Michael A. Meyer Professor Samuel Moyn Professor David N. Myers 2 Professor Khalil Gibran Muhammad Professor Mae M. Ngai Professor A. Naomi Paik Professor Stephen Pitti Professor Todd Presner Professor Geoffrey Robinson Professor Sarah Stein Professor Alan Steinweis Professor Elliot Young They are acting on their own behalf and not on behalf of any organizations with which they are associated. No party’s counsel authored the brief in whole or in part, and no person other than counsel for amici contributed money that was intended to fund preparing or submitting this brief. II. AMICI SHOULD BE PERMITTED TO SUBMIT THEIR BRIEF Amici’s brief offers historical examples to demonstrate the discriminatory intent behind the criminal reporting requirements in Section 11 of the Executive Order, which in turn demonstrate the unconstitutional nature of the provision in the Executive Order (Section 2(c)) that was enjoined by the district court. Amici submit that concrete examples of actual experience with race- or national originbased criminal reporting like that in Section 11 illustrate that such measures both cause discriminatory effect and are motivated by discriminatory animus, and thus are precisely the types of invidious actions that the United States Constitution is meant to guard against. The inclusion of such unlawfully discriminatory measures 3 in the Executive Order is evidence that the travel ban expressed in Section 2(c) is similarly motivated by unjustifiable discriminatory intent and therefore unconstitutional. For these reasons, amici respectfully request that the Court grant this motion for leave to file the attached brief. DATED: April 19, 2017 By: /s/ Carlos A. Singer Carlos A. Singer Katherine K. Huang* Carlos A. Singer HUANG YBARRA SINGER & MAY LLP 550 South Hope Street, Suite 1850 Los Angeles, CA 90071 Tel: (213) 884-4900 Email: Katherine.Huang@hysmlaw.com Carlos.Singer@hysmlaw.com *Admission pending Counsel for Amici Curiae 4

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