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)

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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). 1 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: (212) 549-2600 Fax: (212) 549-2654 /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: (213) 639-3900 Fax: (213) 639-3911 Justin B. Cox (Bar No. 17550) National Immigration Law Center 1989 College Ave. NE Atlanta, GA 30317 Tel: (678) 404-9119 Fax: (213) 639-3911 Cecillia D. Wang† Cody H. Wofsy† American Civil Liberties Union Foundation 39 Drumm Street San Francisco, CA 94111 Tel: (415) 343-0770 Fax: (415) 395-0950 David Rocah (Bar No. 27315) Deborah A. Jeon (Bar No. 06905 Sonia Kumar (Bar No. 07196) Nicholas Taichi Steiner (Bar 2 David Cole† Daniel Mach† Heather L. Weaver† American Civil Liberties Union Foundation 915 15th Street NW Washington, DC 20005 Tel: (202) 675-2330 Fax: (202) 457-0805 No. 19670) American Civil Liberties Union Foundation of Maryland 3600 Clipper Mill Road, Suite 350 Baltimore, MD 21211 Tel: (410) 889-8555 Fax: (410) 366-7838 † Appearing pro hac vice 3

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