International Refugee Assistance Project et al v. Trump et al

Filing 168

NOTICE of Intent to File a Motion for Preliminary Injunction of EO § 6 by HIAS, Inc., Paul Harrison, International Refugee Assistance Project, Jane Doe # 2, John Does 1 & 3, Muhammed Meteab, Middle East Studies Association of North America, Inc. and Ibrahim Ahmed Mohomed (Cox, Justin)

March 20, 2017
The Honorable Theodore D. Chuang
United States District Court
District of Maryland
6500 Cherrywood Lane
Greenbelt, MD 20770
Re: International Refugee Assistance Project v. Trump, No. 8:17-cv-00361-TDC
Dear Judge Chuang:
We write pursuant to § II.A of the Case Management Order to request a Pre-Motion
Conference regarding Plaintiffs’ desire to file a motion for a preliminary injunction of § 6 of the
now-operative Executive Order, which relate specifically to the U.S Refugee Admissions Program
(“USRAP”). In its opinion dated March 16, 2017, the Court held that Plaintiffs did not sufficiently
develop the arguments regarding § 6 to warrant an injunction of it at that time. Mem. Op. (Dkt.
No. 149) at 40-41. Plaintiffs therefore respectfully request leave to file a motion for preliminary
injunction of § 6, principally on Establishment Clause grounds.
Plaintiffs are likely to succeed on their claim that § 6 of the Order, like § 2(c), violates the
Establishment Clause and equal protection. There is compelling evidence, including statements
by the President—some made even since the Court held argument on March 15—establishing that
§ 6 is part and parcel of the overall scheme to discriminate against Muslim immigrants, on whom
§ 6 has a markedly disparate impact, and that a reasonable observer would conclude that the
primary purpose of § 6 was to disadvantage Muslims. The balance of hardships and the public
interest also clearly favor granting a preliminary injunction.
Plaintiffs are also likely to succeed on their claim that § 6(b) should be enjoined on statutory
grounds, as explained in the separate Motion for Preliminary Injunction of the Executive Order
(doc. # 64). Given that all of § 6 is currently enjoined by the U.S. District Court for the District of
Hawai’i,1 and in the interest of judicial economy, Plaintiffs propose rescheduling the March 28

See Hawai’i v. Trump, ___ F. Supp. 3d. ___, No. 17-00050, 2017 WL 1011673 (D. Haw. Mar.
15, 2017); see also Electronic Order, Hawai’i v. Trump, No. 17-00050 (D. Haw. Mar. 19, 2017),
ECF No. 229 (denying the federal government’s motion to “clarify” the scope of the TRO such
that it no longer applied to all of §§ 2 & 6).
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hearing on that motion until after briefing on the constitutional claims regarding § 6 is complete,
such that the Court can consider all claims applicable to § 6 at the same time.
Plaintiffs note, moreover, that although the federal government’s Notice of Appeal (doc. #
160) divests the district court of its control over the preliminary injunction of § 2(c), the Court
retains jurisdiction over the balance of the case. See Griggs v. Provident Consumer Discount Co.,
459 U.S. 56, 58 (1982) (per curiam); Wright & Miller, 16 Fed. Prac. & Proc. § 3921.2 (3d ed.).
Plaintiffs’ counsel has consulted with counsel for the federal government, who states that
the federal government will be prepared to address the foregoing matters during the status
conference already scheduled for 3:00 PM ET on March 21, 2017.
Respectfully submitted,
Omar C. Jadwat†
Lee Gelernt†
Hina Shamsi†
Hugh Handeyside†
Sarah L. Mehta†
American Civil Liberties Union
Foundation
125 Broad Street, 18th Floor
New York, NY 10004
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

/s/ Justin B. Cox
Karen C. Tumlin†
Nicholas Espíritu†
Melissa S. Keaney†
Esther Sung†
National Immigration Law Center
3435 Wilshire Boulevard, Suite 1600
Los Angeles, CA 90010
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Justin B. Cox (Bar No. 17550)
National Immigration Law Center
1989 College Ave. NE
Atlanta, GA 30317
Tel: [phone]
Fax: [phone]
[e-mail]

Cecillia D. Wang†
Cody H. Wofsy†
American Civil Liberties Union
Foundation
39 Drumm Street
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

David Rocah (Bar No. 27315)
Deborah A. Jeon (Bar No. 06905
Sonia Kumar (Bar No. 07196)
Nicholas Taichi Steiner (Bar

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David Cole†
Daniel Mach†
Heather L. Weaver†
American Civil Liberties Union
Foundation
915 15th Street NW
Washington, DC 20005
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

No. 19670)
American Civil Liberties Union
Foundation of Maryland
3600 Clipper Mill Road, Suite 350
Baltimore, MD 21211
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
† Appearing pro hac vice

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