Intl. Refugee Assistance v. Donald J. Trump

Filing 96

AMICUS CURIAE BRIEF by International Labor Organizations as Amici Curiae in electronic and paper format. Method of Filing Paper Copies: mail. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 11/17/2017. [1000194634] [17-2231, 17-2232, 17-2233, 17-2240] Jonathan Weissglass [Entered: 11/17/2017 02:54 PM]

Nos. 17-2231 (L); 17-2232, 17-2233, 17-2240 (Consolidated)
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 and its clients; HIAS, Inc., on behalf of itself and its
clients; JOHN DOES #1 & 3; JANE DOE #2; MIDDLE EAST STUDIES
ASSOCIATION OF NORTH AMERICA, INC., on behalf of itself and its members;
MUHAMMED METEAB; PAUL HARRISON; IBRAHIM AHMED MOHOMED;
ARAB AMERICAN ASSOCIATION OF NEW YORK,
on behalf of itself and its clients,
Plaintiffs-Appellees,
and
ALLAN HAKKY; SAMANEH TAKALOO,
Plaintiffs,
v.
DONALD J. TRUMP, in his official capacity as President of the United States; U.S.
DEPARTMENT OF HOMELAND SECURITY; U.S. DEPARTMENT OF STATE;
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE; ELAINE C. DUKE, in
her official capacity as Acting Secretary of Homeland Security; REX TILLERSON, in his
official capacity as Secretary of State; 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
BRIEF OF INTERNATIONAL LABOR ORGANIZATIONS AS AMICI CURIAE IN
SUPPORT OF PLAINTIFFS-APPELLEES
Jonathan Weissglass
Rebecca C. Lee
Altshuler Berzon LLP
177 Post Street, Suite 300
San Francisco, CA 94108
Tel: [phone]
[e-mail]
[e-mail]
Attorneys for Amici Curiae

Nicole G. Berner
Deborah L. Smith
Leo Gertner
Service Employees International Union
1800 Massachusetts Ave., N.W.
Washington, D.C. 20036
Tel: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Amicus Curiae Service
Employees International Union
Additional Counsel on Inside Cover

Judith Rivlin
American Federation of State, County
and Municipal Employees
1101 17th St., NW, Suite 900
Washington, DC 20036
Tel: [phone]
[e-mail]
Attorney for Amicus Curiae AFSCME
David J. Strom
American Federation of Teachers,
AFL-CIO
555 New Jersey Ave., NW
Washington, DC 20001
Tel: [phone]
[e-mail]
Attorney for Amicus Curiae AFT
Jody Calemine
Communications Workers of America
501 3rd St., NW
Washington, DC 20001
Tel: [phone]
[e-mail]
Attorney for Amicus Curiae CWA

Niraj R. Ganatra
Ava Barbour
International Union, United
Automobile, Aerospace and
Agricultural Implement Workers of
America (UAW)
8000 E. Jefferson Ave.
Detroit, MI 48214
Tel: [phone]
[e-mail]
[e-mail]
Attorneys for Amicus Curiae UAW
Mario Martínez
Martínez Aguilasocho & Lynch,
APLC
1527 19th St., Suite 332
Bakersfield, CA 93301
Tel: [phone]
[e-mail]
Attorney for Amicus Curiae UFW
Nicholas Clark
United Food and Commercial Workers
1775 K Street, NW
Washington, DC 20006
Tel: [phone]
[e-mail]
Attorney for Amicus Curiae UFCW

No. 17-2232
IRANIAN ALLIANCES ACROSS BORDERS; JANE DOE #1; JANE DOE #2;
JANE DOE #3; JANE DOE #4; JANE DOE #5; JANE DOE #6,
Plaintiffs-Appellees,
v.
DONALD J. TRUMP, in his official capacity as President of the United States;
ELAINE C. DUKE, in her official capacity as Acting Secretary of Homeland
Security; KEVIN K. MCALEENAN, in his official capacity as Acting
Commissioner of U.S. Customs and Border Protection; JAMES MCCAMENT, in
his official capacity as Acting Director of U.S. Citizenship and Immigration
Services; REX TILLERSON; JEFFERSON B. SESSIONS III,
in his official capacity as Attorney General of the United States,
Defendants-Appellants.
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
No. 17-2233
ELBLAL ZAKZOK; SUMAYA HAMADMAD; FAHED MUQBIL;
JOHN DOE #1; JOHN DOE #2; JOHN DOE #3,
Plaintiffs-Appellees,
v.
DONALD J. TRUMP, in his official capacity as President of the United States;
U.S. DEPARTMENT OF HOMELAND SECURITY; U.S. DEPARTMENT
OF STATE; ELAINE C. DUKE, in her official capacity as
Acting Secretary of Homeland Security; REX TILLERSON,
in his official capacity as Secretary of State,
Defendants-Appellants.
ON APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

No. 17-2240
INTERNATIONAL REFUGEE ASSISTANCE PROJECT, a Project of the Urban
Justice Center, Inc., on behalf of itself and its clients; HIAS, Inc., on behalf of
itself and its clients; JOHN DOES #1 & 3; JANE DOE #2; MIDDLE EAST
STUDIES ASSOCIATION OF NORTH AMERICA, INC., on behalf of itself and
its members; MUHAMMED METEAB; PAUL HARRISON; IBRAHIM AHMED
MOHOMED; ARAB AMERICAN ASSOCIATION OF NEW YORK,
on behalf of itself and its clients,
Plaintiffs-Appellees,
v.
DONALD J. TRUMP, in his official capacity as President of the United States;
U.S. DEPARTMENT OF HOMELAND SECURITY; U.S. DEPARTMENT OF
STATE; OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE;
ELAINE C. DUKE, in her official capacity as Acting Secretary of Homeland
Security; REX TILLERSON, in his official capacity as Secretary of State;
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

TABLE OF CONTENTS
TABLE OF AUTHORITIES ................................................................................. ii
INTEREST OF AMICI CURIAE ............................................................................ 1
INTRODUCTION ................................................................................................. 7
BACKGROUND ................................................................................................... 8
ARGUMENT....................................................................................................... 10
I.

The Challenged Proclamation Causes Irreparable Harm by
Separating Citizens and Immigrants from Family Members
Abroad ............................................................................................ 10

II.

The Proclamation Promotes Anti-Muslim Hostility, Discrimination,
and Stigma ....................................................................................... 14

III.

Union Members and Their Families Have Been Harmed by the
Proclamation .................................................................................... 19

CONCLUSION ................................................................................................... 32

i

TABLE OF AUTHORITIES
Federal Rules and Regulations
e xecutive Order 13769, 82 Fed. Reg. 8977 (Jan. 27, 2017) ..........................passim
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> xecutive Order 13780, 82 Fed. Reg. 13209 (Mar. 9, 2017) .........................passim
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>.R.A.P. 29(c)(5) ................................................................................................... 6
2
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>residential Proclamation 9645, 82 Fed. Reg. 45 (Sept. 24, 2017) .................passim
3
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Additional Authorities
2017 on Track to Becoming One of the Worst Years Ever for Anti-Muslim
Hate Crimes, CAIR (October 11, 2017),
http://islamophobia.org/articles/ 209-2017-on-track-to-becoming-oneof-the-worst-years-ever-for-anti-muslim-hate-crimes.html.................................15
CAIR Calls for Hate Crime Probe for Racist Harassment Targeting Tenn.
Muslim Girls, Knife Attack on Father, Threat to Kill Entire Family,
CAIR (October 11, 2017), https://www.cair.com/press-center/pressreleases/14735-cair-calls-for-hate-crime-probe-of-racist-harassment- .......... 16, 17
CAIR 3rd Quarter Civil Rights Report Shows Rise in Hate Crimes Over
Same Period Last Year, Moderate Decline in Total Cases, CAIR
(October 25, 2017), http://cair.com/press-center/press-releases/14715cair-3rd-quarter-civil-rights-report-shows-rise-in-hate-crimes-oversame-period-l .....................................................................................................16
Carola Suárez-Orozco et al., I Felt Like My Heart Was Staying Behind:
Psychological Implications of Family Separations & Reunifications for
Immigrant Youth, 26(2) J. of Adolescent Res. 222 (2010) ............................ 11, 12
Cecile Rousseau et al., Trauma and Extended Separation from Family
among Latin American and African Refugees in Montreal, 64(1)
Psychiatry 40 (2001) ..........................................................................................13
Dana Rusch & Karina Reyes, Examining the Effects of Mexican Serial
Migration and Family Separations on Acculturative Stress, Depression,
and Family Functioning, 35(2) Hispanic J. Behav. Sci. 139 (2012) ...................11

ii

David K. Androff et al., U.S. Immigration Policy and Immigrant
Children’s Well-being: The Impact of Policy Shifts, 38(1) J. of Soc. &
Welfare 77 (2011) ..............................................................................................18
David R. Williams et al., Health Effects of Dramatic Social Events—
Ramifications of the Recent Presidential Election, 376(23) New Eng. J.
of Med. 2295 (June 8, 2017) ............................................................ 16, 17, 18, 19
Dena Hassouneh, Anti-Muslim Racism and Women’s Health, 26(5) J. of
Women’s Health 401 (2017) ..............................................................................17
Goleen Samari, Islamophobia and Public Health in the United States,
106(11) Persp. from the Soc. Sci. 1920 (Nov. 2016) ..........................................18
Hyung-Jin Kim, Trump’s Travel Ban Unlikely to Affect North Korea,
PBS (Sep 25, 2017), https://www.pbs.org/newshour/politics/trumpstravel-ban-unlikely-affect-north-korea ................................................................ 9
Jeanne Miranda et al., Depression Among Latina Immigrant Mothers
Separated from their Children, 56(6) Psychiatric Servs. 717 (2005) ..................13
Karlijn Haagsman et al., Transnational Families and the Subjective WellBeing of Migrant Parents: Angolan and Nigerian Parents in the
Netherlands, 38:15 Ethnic & Racial Stud. 2652 (2015) ......................................10
Kevin L. Nadal et al., Subtle and Overt Forms of Islamophobia, VI(2) J.
of Muslim Mental Health 15 (2012) ...................................................................14
Muniba Saleem & Srividya Ramasubramanian, Muslim Americans’
Responses to Social Identity Threats: Effects of Media Representations
and Experiences of Discrimination, Media Psychol. (Apr. 4 2017),
http://www.tandfonline.com/doi/full/10.1080/15213269.2017.1302345 ............18
Pew Research Ctr., The Future of World Religions: Population Growth
Projections, 2010-2050 (Apr. 2, 2015),
http://www.pewforum.org/2015/04/02/religious-projections-20102050/. .................................................................................................................15
Rebecca A. Clay, Islamophobia: Psychologists Are Studying the Impact
of Anti-Muslim Sentiment and Exploring Ways To Prevent It, 48(4)
Monitor on Psychol. 34 (Apr. 2017) ............................................................. 14, 15
iii

Sara Reardon, Health Toll of Immigration Policies Begins To Emerge,
544 Nature 148 (Apr. 13, 2017) .........................................................................12
Sarah Horton, A Mother’s Heart Is Weighed Down with Stones: A
Phenomenological Approach to the Experience of Transnational
Motherhood, 33 Culture, Med., & Psychiatry 21 (2009) ....................................10

iv

INTEREST OF AMICI CURIAE
Amici curiae are the Service Employees International Union (SEIU);
American Federation of State, County and Municipal Employees, AFL-CIO
(AFSCME); American Federation of Teachers (AFT); Communications Workers
of America, AFL-CIO (CWA); International Union, United Automobile,
Aerospace and Agricultural Implement Workers of America, AFL-CIO (UAW);
United Farm Workers of America (UFW); and United Food and Commercial
Workers (UFCW).
Service Employees International Union (SEIU) is a labor organization of
approximately two million working men and women in the United States and
Canada. SEIU’s members include foreign-born U.S. citizens, lawful permanent
residents, and immigrants authorized to work in the United States. Many of
SEIU’s members have mixed-status families. As described below, SEIU members
are directly affected by the challenged Proclamation.
American Federation of State, County and Municipal Employees, AFL-CIO
(AFSCME), is a union of 1.6 million members in the United States and Puerto
Rico, both in the public and private sectors, who share a commitment to service.
AFSCME is participating in this case to advance its mission of helping all working
people, including immigrants and people of color, achieve the American dream
regardless of their identity. AFSCME is proud to represent members who have
1

immigrated from Muslim-majority countries targeted by the illegal ban at issue,
and/or who have family members who currently live in those countries, and
staunchly opposes their being unconstitutionally subjected to the harms detailed in
this brief. The public servants of AFSCME, and indeed all Americans, deserve
better.
The American Federation of Teachers (AFT), an affiliate of the AFL-CIO,
was founded in 1916 and today represents approximately 1.7 million members who
are employed across the nation in K-12 and higher education, public employment,
and healthcare. The AFT has a longstanding history of supporting and advocating
for the civil rights of its members and the communities they serve. AFT members
at a variety of institutions provide essential and necessary services, such as
healthcare and education, to the public. Many of these members, especially those
at institutions of higher education, are involved in global collaborations and in
teaching and research duties that are being disrupted and threatened by the
Proclamation. Additionally, a significant number of AFT members were born in,
or have friends or family members in, countries named in the Proclamation. These
members are directly impacted by the travel restrictions, which have affected their
ability to work, travel, connect with, and care for their communities.

2

The Communications Workers of America, AFL-CIO (CWA), is an
international labor union representing more than 700,000 workers in the
telecommunications, media, manufacturing, airlines, and health care industries and
in a wide variety of public sector positions in the United States, Canada, and
Puerto Rico. CWA represents and advocates on behalf of workers of all creeds in
the United States and abroad with respect to workplace rights and broader political
and civil rights. In light of recent developments in U.S. domestic politics and
federal policy that have targeted people of Islamic faith with discrimination,
including those who may be members of the union or family members thereof, the
CWA Convention resolved this year to continue the union’s “fight against
discrimination in all its forms, including the targeting of people of the Islamic
faith,” and to “act in defense of and solidarity with those targeted by Islamophobia
in our union, our workplaces, and our communities.”
The International Union, United Automobile, Aerospace and Agricultural
Implement Workers of America (UAW), an affiliate of the AFL-CIO, has nearly
one million active and retired members throughout the United States, Canada, and
Puerto Rico. Since its founding in 1935, the UAW’s membership has included
immigrants from around the globe, and the UAW opposes any policies that

3

discriminate against immigrants and non-immigrants alike based on their religion
or national origin.
The UAW and its affiliated Local Unions represent workers in diverse
sectors, including over 40,000 academic student employees and post-doctoral
researchers at universities in the United States. Many of these workers are foreignborn nationals of Muslim-majority countries targeted by the Proclamation and are
naturalized U.S. citizens or hold valid visas permitting them to study, live, and
work in the United States. The Proclamation has disrupted their ability to travel
freely into and outside of the country to visit family and loved ones and to conduct
research related to their university employment and course of study, and prevented
their family members from traveling to the United States.
United Farm Workers of America (UFW) represents thousands of migrant
and seasonal farmworkers in various agricultural occupations throughout the
country and has members of diverse racial, ethnic, and immigration backgrounds
throughout the United States. UFW seeks to improve the lives, wages, and
working conditions of agricultural workers and their families through collective
bargaining, worker education, state and federal legislation, and through public
campaigns. Since its founding in 1962 by Cesar Chavez, UFW has been dedicated
to the cause of eliminating discrimination against farmworkers, Latinos, and any

4

other groups that have been the target of unfair or unlawful treatment. UFW
members, their families, and other farmworkers represented by UFW are directly
affected by the challenged Proclamation.
United Food and Commercial Workers International Union (UFCW) is a
labor organization that represents working men and women across the United
States. UFCW’s 1.3 million members work in a range of industries, with the
majority working in retail food, poultry and meatpacking, food processing and
manufacturing, and non-food retail. UFCW’s objective is the elevation of its
members through first-class wages, hours, benefits, and working conditions. And
that objective extends to the uplift of the families of its members.
UFCW and its predecessor unions have represented immigrants from around
the world since the beginning of the last century, particularly workers in the
packinghouses and stockyards. Immigrant workers continue to form a vital part of
these and other workforces that UFCW represents. UFCW has members from the
nations whose citizens are banned by the Proclamation. UFCW is aware that many
of these workers experienced wrenching separation from their homelands due to
war and famine. Accordingly, UFCW opposes religious and national origin
discrimination and forced family separation.

5

The parties have consented to the filing of this brief. No counsel for a party
authored this brief in whole or in part and no person other than amici and their
counsel made a monetary contribution to its preparation or submission. See
F.R.A.P. 29(c)(5).

6

INTRODUCTION
The issue in this case is whether Presidential Proclamation 9645, 82 Fed.
Reg. 45,161 (Sept. 24, 2017), which, like President Donald J. Trump’s two prior
Executive Orders on the same subject, continues to single out six predominantly
Muslim countries—following presidential campaign promises and many postelection assurances of a “Muslim ban”—violates the Constitution or immigration
laws of the United States.1
Amici submit this brief to demonstrate the devastating consequences of the
President’s actions for individuals in the United States. The challenged
Proclamation, like the two Executive Orders that preceded it, separates families,
and the Orders and Proclamation have already been associated with increased antiMuslim discrimination and violence. Myriad studies show that such family
separation and religious intolerance have concrete, negative effects on the physical
and psychiatric well-being of targeted groups. The stories of individual union
members recounted below confirm and illustrate that research, demonstrating the

1

The prior Orders are: Executive Order 13769, 82 Fed. Reg. 8977 (Jan. 27, 2017)
(First Executive Order), and Executive Order 13780, 82 Fed. Reg. 13209 (Mar. 9,
2017) (Second Executive Order).

7

concrete effects, trauma, and stigma the Proclamation inflicts on U.S. citizens and
persons lawfully present in the United States.
Although some members of our society harbored anti-Muslim animus before
President Trump issued the Proclamation and the two Executive Orders that
preceded it, that only makes the harm done by the Proclamation all the more
consequential. Instead of redressing or ameliorating the threat to Muslims and
their families in the United States, the President’s action exacerbates that threat by
giving discrimination and intolerance the official imprimatur of the most important
elected official in our democracy.
BACKGROUND
The Proclamation was issued the same day that the Second Executive
Order’s travel ban expired. Compare Proc. 9645 with EO 13780. The
Proclamation is substantially similar to the two prior Executive Orders. Indeed,
the first line of the Proclamation explains that it grew out of the Second Executive
Order. Preamble, Proc. 9645. Moreover, the Proclamation continues almost the
same exact travel ban that has been at the core of the two prior Executive Orders.
See id. §2. Unlike the previous two Executive Orders, the Proclamation bans
travel from the affected countries permanently.

8

Specifically, the Proclamation imposes a total ban on immigration from five
of the six predominantly Muslim countries that were singled out in the Second
Executive Order: Iran, Libya, Syria, Yemen, and Somalia. Id. § 2(b)-(c), (e), (g)(h). Although the Proclamation does not bar immigration from the sixth Muslimmajority country covered by the Second Executive Order, Sudan, it does bar all
immigration from yet another Muslim-majority country, Chad. Id. §2(a). Further,
the Proclamation bars non-immigrant visas for Syrian nationals, all non-immigrant
visas other than student and exchange visas for Iranian nationals, and business and
tourist visas for Libyan, Yemeni, and Chadian nationals. Id. § 2(a)-(c), (e), (g)-(h).
The Proclamation also bars some forms of entry for a small number of
Venezuelan government officials and their immediate families, id. 2(f), and all
entry from North Korea—which had only 100 nationals enter the United States last
year, and was already subject to extensive entry bans. See, e.g., Hyung-Jin Kim,
Trump’s Travel Ban Unlikely to Affect North Korea, PBS (Sep 25, 2017),
https://www.pbs.org/ newshour/politics/trumps-travel-ban-unlikely-affect-northkorea. Thus, although the Proclamation, unlike its predecessors, now addresses
two non-Muslim-majority countries, these calculated and almost entirely
meaningless additions are a mere fig leaf intended to conceal the primary antiMuslim purpose of President Trump’s travel ban.

9

ARGUMENT
I.

The Challenged Proclamation Causes Irreparable Harm by Separating
Citizens and Immigrants from Family Members Abroad
The negative physical and mental health consequences of compelled family

separation are both obvious and well-documented. Numerous studies and reports
document the harm of such separation.
Studies of transnational families, for example, document and explain how
separation negatively affects parents and children as individuals and the bond
between them. See, e.g., Sarah Horton, A Mother’s Heart Is Weighed Down with
Stones: A Phenomenological Approach to the Experience of Transnational
Motherhood, 33 Culture, Med., & Psychiatry 21, 21–40 (2009). The limits on
physical interaction imposed by geographic separation make intimate relations
between parents and children challenging and, consequently, the parent-child bond
suffers. See Karlijn Haagsman et al., Transnational Families and the Subjective
Well-Being of Migrant Parents: Angolan and Nigerian Parents in the
Netherlands, 38:15 Ethnic & Racial Stud. 2652, 2653–54 (2015). “This loss of
intimacy and frustrated efforts to maintain close bonds . . . can cause severe
emotional distress for both parents and children who feel that the bond is
deteriorating.” Id. at 2654.

10

For parents, the pain of separation is often accompanied by feelings of guilt.
See id. And because norms of “good mothering” frequently assume that women
are primary caregivers and responsible for reproductive care work, women
especially tend to be emotionally affected by family separation. Id. Geographic
distance prevents women from fulfilling expected roles, and, as a result, “women
feel guilty, ashamed and stigmatized.” Id.
The pain of separation is long-lasting for parents. One study found that
parents recalled the circumstances of their family’s migration process and
“emotionally laden details of their family separations” even after living in the
United States for ten years or more. Dana Rusch & Karina Reyes, Examining the
Effects of Mexican Serial Migration and Family Separations on Acculturative
Stress, Depression, and Family Functioning, 35(2) Hispanic J. Behav. Sci. 139,
151 (2012).
Not surprisingly, family separation inflicts serious harm on children as well.
One 14-year-old girl described her experience this way: “The day I left my mother
I felt like my heart was staying behind.” Carola Suárez-Orozco et al., I Felt Like
My Heart Was Staying Behind: Psychological Implications of Family Separations
& Reunifications for Immigrant Youth, 26(2) J. of Adolescent Res. 222, 240
(2010). The separation is damaging even though parents may try to maintain

11

contact through letters, phone calls, and contributions to their children’s material
well-being. Id. Children face difficult experiences not only when they are first
separated from their parents but also at reunification, when children can feel
disoriented, estranged from their parents, mistrustful, and uncomfortable in their
new family dynamic (sometimes including new siblings). Id. at 242–45. Children
also experience a sense of loss all over again as they are separated from interim
caretakers. Id.
Studies show that family separation has meaningful physiological
consequences as well. Family separation is almost inevitably accompanied by
“[p]rolonged exposure to serious stress—known as toxic stress,” which the
American Academy of Pediatrics has warned “can harm the developing brain and
negatively impact short- and long-term health.” Sara Reardon, Health Toll of
Immigration Policies Begins To Emerge, 544 Nature 148 (Apr. 13, 2017).
Further, “[a] number of clinical studies . . . show that there are substantial
negative psychological repercussions for immigrant children and youth who have
been separated from their parents.” Suárez-Orozco, 26(2) J. of Adolescent Res. at
227. Children who feel abandoned by their parents may respond with despair and
detachment, id., and separated children are more likely to report symptoms of
anxiety and depression in the initial years after migration than children who were

12

not separated from their parents. Id. at 222; see also Jeanne Miranda et al.,
Depression Among Latina Immigrant Mothers Separated from their Children,
56(6) Psychiatric Servs. 717, 720 (2005) (finding that immigrant Latinas separated
from their children are at greater odds for depression than women not separated).
Family separation has particularly severe consequences for those fleeing
trauma who are admitted to the United States as refugees. Data indicate that “the
family plays a central role in modulating the processes that influence the aftermath
of trauma.” Cecile Rousseau et al., Trauma and Extended Separation from Family
among Latin American and African Refugees in Montreal, 64(1) Psychiatry 40, 57
(2001). The family is “an anchor for both emotion and identity” and aids “torture
victims who often feel estranged and alienated.” Id. For refugees able to stay
together with family, the presence of close relatives can even “seem to transform
adversity into a source of strength, perhaps by aiding in the rebuilding of a
meaningful universe.” Id.
By contrast, refugees separated from their loved ones feel “more disoriented
than those living with at least part of their families” and “seem more overwhelmed
by unspeakably painful memories.” Id. at 56. They are also “tormented daily by
worry about what will become of the family members still overseas,” id. at 49, and
feel significant guilt about having left their families behind with threats of reprisals

13

looming over them, id. at 41. “For refugees who have had traumatic experiences,
extended separation from family members may serve as a continuing link to an
unbearable past . . . .” Id. at 41
II.

The Proclamation Promotes Anti-Muslim Hostility, Discrimination, and
Stigma
In addition to causing harm via forced family separation, the challenged

Proclamation, like the two Executive Orders that preceded it, promotes stigma and
encourages anti-Muslim hostility and violence.
A persistent theme in anti-Muslim discrimination is the allegation and
assumption that Muslims are not “real” Americans—and are perpetual outsiders
and aliens in their own land, despite viewing themselves as completely American.
See, e.g., Kevin L. Nadal et al., Subtle and Overt Forms of Islamophobia, VI(2) J.
of Muslim Mental Health 15, 22, 27–28 (2012). The anti-Muslim rhetoric used by
President Trump before and after his election has encouraged such erroneous
claims, and the singling out of predominantly Muslim countries for disfavored
treatment in the Proclamation, as with the two prior Executive Orders, furthers and
deepens the sense of Muslims as unwelcome outsiders.
Indeed, the travel ban has been seen by many as encouraging the false and
dangerous equating of Islam with violence and terrorism, see generally Rebecca A.
Clay, Islamophobia: Psychologists Are Studying the Impact of Anti-Muslim

14

Sentiment and Exploring Ways To Prevent It, 48(4) Monitor on Psychol. 34 (Apr.
2017), even though Islam is one of the world’s great religions and the faith
tradition of 23% of the world’s population. 2 Indeed, President Trump himself cited
the September 11 attacks as justification for the Second Executive Order even
though none of the men behind those attacks (or any subsequent, fatal terrorist
attack in the United States) hailed from the targeted countries in the Second
Executive Order. See Clay, 48(4) Monitor on Psychol. 34. The reference to
September 11 thus makes sense only if one links Muslims generally with terrorism.
Having that link drawn from the White House and embodied in official
policy gives people tending toward Islamophobia the permission to act on their
biases. The 2017 second quarterly report by the Council on American-Islamic
Relations (CAIR) shows that the number of anti-Muslim hate crimes in the first
half of 2017 spiked 91% as compared to the same period in 2016; the third
quarterly CAIR report also indicates a rise in hate crimes over the same period last
year. See 2017 on Track to Becoming One of the Worst Years Ever for AntiMuslim Hate Crimes, CAIR (October 11, 2017), http://islamophobia.org/articles/

2

Pew Research Ctr., The Future of World Religions: Population Growth
Projections, 2010-2050, at 6 (Apr. 2, 2015),
http://www.pewforum.org/2015/04/02/religious-projections-2010-2050/.

15

209-2017-on-track-to-becoming-one-of-the-worst-years-ever-for-anti-muslimhate-crimes.html; CAIR 3rd Quarter Civil Rights Report Shows Rise in Hate
Crimes Over Same Period Last Year, Moderate Decline in Total Cases, CAIR
(Oct. 25, 2017), http://cair.com/press-center/press-releases/14715-cair-3rd-quartercivil-rights-report-shows-rise-in-hate-crimes-over-same-period-last-year-moderatedecline-in-total-cases.html. Disturbingly, the Southern Poverty Law Center found
that post-election incidents of harassment and intimidation were most commonly
reported in K-12 schools. See David R. Williams et al., Health Effects of Dramatic
Social Events—Ramifications of the Recent Presidential Election, 376(23) New
Eng. J. of Med. 2295, 2296 (June 8, 2017).
There has also been a noticeable escalation in violence, as reflected in the
recent incident of fires, Nazi graffiti, and broken glass at an Iraqi-American
business in downtown Flagstaff, Arizona, which followed the ripping up of copies
of the Quran at a Tucson mosque in March, which followed broken windows at a
Middle Eastern bakery in Phoenix shortly before that, and most recently,
harassment of Tennessee Muslim girls, a knife attack on their father and a threat to
kill the entire family. See CAIR Calls for Hate Crime Probe for Racist
Harassment Targeting Tenn. Muslim Girls, Knife Attack on Father, Threat to Kill
Entire Family, CAIR (October 25, 2017), https://www.cair.com/press-center/press-

16

releases/14735-cair-calls-for-hate-crime-probe-of-racist-harassment-targeting-tennmuslim-girls-knife-attack-on-father-threat-to-kill-entire-family.html.
The hostility and discrimination encouraged by the Proclamation’s singling
out of predominantly Muslim countries has negative physical and mental health
consequences as well for those who feel targeted. As explained recently in the
New England Journal of Medicine, “communities who feel vulnerable because
they belong to a stigmatized, marginalized, or targeted group” can experience
negative health effects as a result. Williams, 376(23) New Eng. J. of Med. at 2295.
With respect to people of Middle Eastern descent, in particular, a post-September
11 study conducted in the Detroit area “found that experiences of discrimination
and abuse . . . were positively associated with physiological distress . . . .” Id. at
2296. Another study found that Arab-American women in California experienced
increased risk of low-birth-weight babies or pre-term births in the six months after
September 11; women in other racial and ethnic groups did not experience any
similar effects. Id.
Additional research has found an association between religious
discrimination and depression in American Muslim women. See Dena Hassouneh,
Anti-Muslim Racism and Women’s Health, 26(5) J. of Women’s Health 401
(2017). Another study of Muslim Americans found that those who reported

17

experiencing discrimination were more likely to distrust, display negative attitudes,
and display avoidant behaviors toward majority group members. See Muniba
Saleem & Srividya Ramasubramanian, Muslim Americans’ Responses to Social
Identity Threats: Effects of Media Representations and Experiences of
Discrimination, Media Psychol. (Apr. 4 2017), http://www.tandfonline.com/doi/
full/10.1080/15213269.2017.1302345.
Research also shows the negative health effects of discrimination more
generally. One 2015 study found an elevated risk of death among adults residing
in communities where levels of racial prejudice were high, Williams, 376(23) New
Eng. J. of Med. at 2296, and immigrant children exposed to discrimination have
been found to suffer adverse psychological consequences, David K. Androff et al.,
U.S. Immigration Policy and Immigrant Children’s Well-being: The Impact of
Policy Shifts, 38(1) J. of Soc. & Welfare 77, 90 (2011). Everyday experiences of
discrimination have also been associated with coronary artery calcification, high
blood pressure, poor sleep, and depression, distress, and anxiety. Goleen Samari,
Islamophobia and Public Health in the United States, 106(11) Persp. from the Soc.
Sci. 1920, 1921 (Nov. 2016). Moreover, research indicates that associated stress
adversely affects health not only through actual experiences but also because of

18

rumination, vigilance, and worry over potential exposure. See Williams, 376(23)
New Eng. J. of Med. at 2297.
III.

Union Members and Their Families Have Been Harmed by the
Proclamation
Millions of employees nationwide are united in the amici unions, and many

union members, participants in union campaigns, and their families have been
harmed by the travel-ban Proclamation and the Executive Orders that preceded it.
The experiences of individual union members confirm and illustrate the social
science data cited above.3
Dr. K.Z.
Dr. K.Z. is an internal medicine resident at a New York teaching hospital in
Brooklyn, New York, and a member of SEIU’s Committee of Interns and
Residents (CIR). In 1998, Dr. K.Z. and his family fled persecution in Iran and
entered the United States with refugee status. Although born in Iran, Dr. K.Z.
became a naturalized U.S. citizen more than a decade ago.
Four months ago, Dr. K.Z. married Dr. N.N., a gastroenterology fellow who
works at the same hospital and is also a CIR member. Dr. N.N. is a legal resident
3

The individuals whose stories are told below all consented to having their
experiences recounted here, and records of the interviews conducted with them are
on file with counsel. Some participants chose to maintain a measure of anonymity
by using first names or initials only.

19

and citizen of Iran. As the couple planned their wedding, they did everything in
their power to ensure that Dr. N.N’s Iranian father would be able to come to the
United States and participate in the wedding ceremony.
After issuance of President Trump’s Second Executive Order, Dr. N.N’s
father was denied permission to enter the United States. The couple sought and
received the assistance of their congressional representative, but even that did not
help, and Dr. N.N’s father was unable to give his daughter away during the
wedding ceremony.
Dr. K.Z. says that his “wife was heart-broken that her father, the parent who
had raised her, could not attend our wedding or participate in the wedding rituals
that meant so much to her. Her father’s absence tainted what was to be one of the
best days of our lives.”
Dr. K.Z., while respectful of his Iranian heritage, feels completely
Americanized. He completed his undergraduate work at the University of
California, Los Angeles, and graduated from the University of California’s Davis
School of Medicine. Dr. K.Z.’s hospital serves low-income patients from diverse
backgrounds, including Orthodox Jews and people of Arab, Chinese, Latin,
Russian, Caribbean, and South and Southeast Asian descent. When Dr. K.Z.
completes his residency, he intends to continue working in a U.S. hospital with a

20

diverse group of patients providing critical care and treatment to patients suffering
from cancer.
Dr. K.Z. was deeply disturbed and shaken by his personal experience with
the travel ban. “The United States welcomed and encouraged me and I truly
believed that the words on the Statute of Liberty were meant for me.” But “[i]t has
been a crushing personal disappointment to learn that the citizens of certain
countries, people like my father-in-law, were no longer welcome.”
Abdi
Abdi is 32 years old and has worked for the past nine years at MinneapolisSt. Paul International Airport and is a member of SEIU’s Airport Workers United
campaign. He is a naturalized American citizen who was born in Somalia.
Before coming to the United States, Abdi spent several years in refugee
camps with his mother and siblings. While Abdi lived in the camps, his education
was interrupted several times. But once Abdi arrived in the United States at the
age of 18, he completed high school and earned a bachelor’s degree at
Metropolitan State University in Minneapolis. Abdi was then able to bring his
wife and one of his three children to the United States.
Unfortunately, visas for Abdi’s two older children, aged nine and seven,
were not granted when his wife’s was. As a result, Abdi’s two older children still

21

live in Somalia with his mother, who cares for them even though she is in her
sixties. Abdi sends money but he fears they will not be able to travel to the United
States to reunite with him if the Proclamation is upheld. He says, “I can’t stop
thinking about them. I have to be able to do this.”
Abdi also worries about his and other relatives’ ability to travel as Somaliborn citizens. One of his aunts, an American citizen, wants to travel home to visit
a sick uncle but worries about being detained on her way back. He says, “What
kind of American value is this, to keep families apart?”
A.F.
A.F. is an Iranian citizen and member of the UAW and its Local 5810 who
came to the United States for graduate studies in 2011. A.F. obtained his Ph.D. in
chemical engineering in 2016 from a prestigious American university, and he
currently works as a postdoctoral researcher at the University of California’s
Lawrence Berkeley National Laboratory (LBNL). After being offered the position
at LBNL, A.F. underwent an extensive, nine-month-long background check
conducted by the Department of Energy.
Since the signing of President Trump’s First Executive Order, A.F. has
suffered from chronic stress and has felt unwelcome in the country where he has
successfully lived, worked, studied, and paid taxes for six years. A.F. has applied

22

for a green card under a national interest waiver, but his application has been
pending for more than 15 months. A.F. currently holds a single-entry visa and
fears that if he leaves the United States he will not be permitted to reenter. Prior to
the issuance of the First Executive Order, A.F.’s parents visited him in the United
States, but now A.F. fears it is impossible for them or other members of his family
to obtain a visa to visit the United States. In addition, A.F.’s work is impacted
because he is fears it is impossible for him to travel to attend annual conferences,
including the International Conference on Thermoelectrics, which are crucial for
scientists in his field. Because of the travel ban, A.F. fears that Iranian nationals
like him are “doomed” to live in limbo.
A.T.
A.T. is an Iranian citizen enrolled in a Ph.D. program at the University of
Washington. A.T. holds a single-entry F-1 visa. A.T. has been studying in the
United States for the last four years and also works as an academic student
employee. He is a member of the UAW and its Local 4121.
A.T. was in Iran visiting family in January 2017 when the First Executive
Order was issued. A.T. was initially unable to secure a visa to return to his home
and studies in the United States. He contacted UAW Local 4121, which worked to
assist him in getting back into the country. As a result of assistance from

23

Washington State’s governor, one of its senators, and a congressional
representative, A.T. was lucky to be able to reenter the United States and resume
his Ph.D. program while the First Executive Order was enjoined. He is currently
unable to leave the United States again while he completes his studies; he has no
family in the United States, and due to the Proclamation, his parents, who live in
Iran, are unable to visit him here. A.T. is also deeply concerned that the hostility
generated by the travel ban will inhibit his ability to complete his Ph.D. in a timely
manner and begin his professional career.
Safyia Yonis
Safyia Yonis is a 46-year-old American citizen who was born in Somalia.
She has lived in Minneapolis for the last 20 years, where she works as a janitor in a
government building, and is a member of SEIU Local 26. Safyia and her husband,
who was also born in Somalia, have seven children born in the United States, aged
3 to 16.
When civil war broke out in Somalia in 1991, Safyia fled to Kenya where
she lived in a refugee camp. She says that life there was “very, very difficult,”
with no access to education or healthcare. When Safyia arrived in the United
States two years later, she felt safe and grateful she could go to see the doctor, to
school, and work.

24

Since the Muslim ban was announced, Safyia has felt increasingly afraid of
violence and harassment. Her sister and brother-in-law attend the mosque that was
bombed on August 5 in the suburb of Bloomington.
Safyia worries in particular that her daughter, who is in high school and
wears a hijab, could be a target for harassment. Safyia feels her daughter should
not have to live in fear: “She is an innocent; she has done nothing wrong.”
Mohammad Al Zayed
Mohammad Al Zayed is a 50-year-old Syrian refugee who arrived with his
family in the United States in September 2016. Mohammad works at O’Hare
International Airport as a janitor and lives on the far North Side of Chicago with
his wife and three children; he is also a member of SEIU’s Airport Workers United
campaign. His two sons are 21 and 8, and his daughter is 19.
Before fleeing Syria, Mohammad and his family lived in a suburb outside
Damascus. When unrest began to approach their community, the family fled into
the capital. Eventually, the textile factory where Mohammad worked was
destroyed in the fighting, and his children could no longer go to school because of
the danger. Once the war reached Damascus, the family left Syria for Jordan to
escape the violence and bombings.

25

“We can’t even explain it,” Mohammad said of the violence and destruction
he and his family witnessed in Syria. “Shelling. Killing. Street fighting. Nobody
knows who’s fighting who, but everybody dying is innocent people.”
Conditions improved for the family in Jordan but they still faced hardship.
Mohammad’s children were able to attend school, but he could not work because
he could not get a work permit given his refugee status. As a result, the family
could not afford healthcare. As Syrians, Mohammad and his family also
experienced discrimination in Jordan.
Mohammad was relieved when he arrived with his family in the United
States, where he hoped there would be more opportunity for his children. His 8year-old son is in school, already speaks English, and claims math as his favorite
subject. Mohammad’s 19-year-old daughter is finishing high school this year. His
21-year-old son has joined him in working at O’Hare. Mohammad feels fortunate
to work alongside colleagues at O’Hare who represent over 100 nationalities. He
says it is “very nice” to be in a welcoming environment where he can even observe
his religion, as he did during the month of Ramadan.
However, Mohammad worries about relatives left behind and about whether
he will see them again. Mohammad’s two brothers, father, and stepmother remain
in Syria, and he has not seen them since 2012. His father is 85 years old and has

26

health problems. If the Muslim travel ban is upheld, Mohammad may never see
his father again. Mohammad’s wife also has 11 sisters and 4 brothers, some of
whom are in Syria and Jordan. Mohammad’s daughter married a Jordanian citizen
last year, and she worries that if her new husband is not able to come to the United
States, she may have to consider returning to Jordan and being barred from
reentering the country.
For Mohammad, the Trump Administration’s travel ban “is not right.”
Refugees are simply seeking a better life. He says: “It’s very sad. Who would
want to leave their home if they don’t have to? People are running for their lives.”
Marwan
Marwan is a senior organizer for SEIU, where he has worked for the past
thirteen years. Marwan is 43 years old and is a Yemen-born, naturalized U.S.
citizen.
The first person in Marwan’s family to arrive in the United States was his
father. Marwan’s father reunited the family by bringing his brothers, Marwan,
Marwan’s mother, and his siblings one by one to the Detroit area over the course
of several decades. Marwan came to the United States in 1989 from Yemen and
became a citizen in 1991. He is married with five children, aged 18, 13, 9, 6, and
3.

27

Many members of Marwan’s and his wife’s extended families remain in
Yemen, where a civil war is raging. One of Marwan’s brothers returned to Yemen
before becoming an American citizen and lives in the capital of Sana’a with his
wife and five children. Approximately eight months ago an airstrike hit a military
compound 200 yards from that brother’s house, shattering all the windows in the
neighborhood. Marwan’s nephew’s arm was injured in the blast. Marwan’s
family’s ancestral village has also been the target of rebel activity and air strikes.
Nine relatives, including two of his cousins, have been killed in the last three years.
Marwan’s wife’s three brothers and three sisters also all live in Yemen. An
elderly aunt in her eighties, who helped raise Marwan as his father worked to bring
him to the United States, remains there as well and requires care. Marwan worries
for the safety of all his and his wife’s extended family members. He says: “I think
about this every day and ask myself, ‘How do I bring them here?’”
The challenged Proclamation will make it impossible for Marwan to reunite
his family the way his father did in the past. “If my dad hadn’t come to the United
States, I would be there right now and living under terror. I would be stuck.”
Marwan now worries that more of his family members, for whom he feels
responsible, will be hurt or harassed by the warring factions in his home country.

28

Marwan currently works to help airport employees at O’Hare International
Airport. As a union organizer who interacts every day with employees who came
to the United States as immigrants and refugees, he knows many other families are
in the same situation. As he says: “This won’t make America safe, only tear
families apart.”
Majd
Majd is a homecare worker, member of SEIU Local 2015, and naturalized
U.S. citizen. Majd lives in San Jose, California, with her husband, her two
children (aged 22 and 19), and her 90-year-old mother, all of whom are also U.S.
citizens. Majd was born and educated in Syria, where she worked as an
agricultural engineer until she came to the United States 25 years ago.
Most of Majd’s extended family emigrated from Syria to the United States,
with the exception of a nephew who is in the midst of processing his application
for legal permanent residency. Majd’s nephew lives alone in Damascus where he
fears leaving his home. Although he is not affiliated with any political
organizations, he has been arrested twice and was interrogated and jailed for
several weeks by Syrian government agents. That experience, combined with
Syria’s brutal civil war and the departure of all of his family members, has plunged
him into a severe depression.

29

Majd and her elderly mother, her nephew’s grandmother, are desperate for
her nephew to join them in the United States. Majd’s mother suffers from
diabetes, high blood pressure, heart problems, and arthritis. She fears that the
travel ban will prevent her grandson from traveling to the United States before she
dies. Majd worries about both her nephew and the effect on her mother of his
inability to travel to the United States.
Edvin
Edvin, a member of SEIU United Healthcare Workers West, is a 41-year-old
Kaiser employee who has been a chief union steward for 17 years. Edvin was born
in Iran and came to the United States as a 9-year-old refugee 32 years ago. Edvin
is a U.S. citizen and lives in Glendale, California.
When Edvin and his parents fled Iran in the 1980s, they left several family
members behind. One of Edvin’s cousins, a 27-year-old woman, came to the
United States eight months ago as a refugee from Iran. She was granted refugee
status after having lived alone in Austria for eight months while she waited for the
United States to process her case. Prior to leaving Iran, she had always lived with
her parents. Although she is grateful to be safe in the United States, she misses her
parents terribly and had assumed they would be able to come visit her, because
they had traveled to the United States several times in the past.

30

Edvin has provided support to his cousin during her transition to life in the
United States. He would like for her to get the emotional support that a visit from
her parents would provide, and he is saddened that the Proclamation will prevent
families from seeing each other: “I always believed that the United States was a
place that valued family relationships and encouraged loved ones to be together.
Now it seems like if you’re from a Muslim-majority country, your family doesn’t
matter and you’re treated as if you’re a terrorist, no matter what your beliefs are.”
K.K.
K.K. is an Iranian citizen and F-1 visa holder currently working in the
United States as a postdoctoral researcher. In January 2017, K.K. was working at a
prestigious American university, where she was part of a UAW campaign to
organize postdoctoral researchers. After the First Executive Order was issued,
K.K. was suddenly dismissed from her appointment. She had never received any
negative performance reviews or feedback, and she was previously provided with a
letter promising funding for her position through at least May 31, 2017. K.K.’s
supervisor told her that the funding on the grant she was working on had dried up,
but a colleague told K.K. that the supervisor confided the real reason for her
dismissal was that the supervisor was concerned about having an Iranian citizen
working on the research project after the issuance of the First Executive Order.

31

Following her dismissal from the university, K.K. was able to secure a new
position at a university in another state. However, she lost several months of work,
which, in addition to causing financial strain, delayed her ability to complete her
research. K.K. also had to move to another state, and she estimates that moving to
another university and another state cost her around $5,000 in out-of-pocket
expenses.
CONCLUSION
For the foregoing reasons, this Court should affirm the preliminary
injunction below, except as to its limitation to persons with a bona fide relationship
with an individual or entity in the United States.
Dated: November 17, 2017

Respectfully submitted,
/s/ Jonathan Weissglass
Jonathan Weissglass
Rebecca C. Lee
Altshuler Berzon LLP
177 Post St., Suite 300
San Francisco, CA 94108
Nicole G. Berner
Deborah L. Smith
Leo Gertner
Service Employees International Union
1800 Massachusetts Ave., N.W.
Washington, D.C. 20036

32

Judith Rivlin
American Federation of State, County and
Municipal Employees
1101 17th St., NW, Suite 900
Washington, DC 20036
David J. Strom
American Federation of Teachers, AFL-CIO
555 New Jersey Ave., NW
Washington, DC 20001
Jody Calemine
Communications Workers of America
501 3rd St., NW
Washington, DC 20001
Niraj R. Ganatra
Ava Barbour
International Union, United Automobile,
Aerospace and Agricultural Implement
Workers of America (UAW)
8000 E. Jefferson Ave.
Detroit, MI 48214
Mario Martínez
Martínez Aguilasocho & Lynch, APLC
1527 19th St., Suite 332
Bakersfield, CA 93301
Nicholas Clark
United Food and Commercial Workers
1775 K Street, NW
Washington, DC 20006

33

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Effective 12/01/2016
17-2231 (L), 17-2232
17-2233, 17-2240
No. ____________

Int'l Refugee Assistance Project, et al. v. Trump, et al.
Caption: __________________________________________________

CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMIT
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(s) Jonathan Weissglass
Party Name Amici Int'l Labor Organizations
Dated: 11/17/17
11/14/2016 SCC

CERTIFICATE OF SERVICE

11/17/2017
I certify that on _________________ the foregoing document was served on all parties or their
counsel of record through the CM/ECF system if they are registered users or, if they are not, by
serving a true and correct copy at the addresses listed below:

/s/Jonathan Weissglass
___________________________
Signature

11/17/2017
________________________
Date