Int'l Refugee Assistance Project v. Trump

883 F.3d 233

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; Arab American Association of New York, on behalf of itself and its clients; Yemeni-American Merchants Association; Mohamad Mashta; Grannaz Amirjamshidi; Fakhri Ziaolhagh; Shapour Shirani; Afsaneh Khazaeli; John Doe #4; John Doe #5, Plaintiffs–Appellees,

and

Allan Hakky; Samaneh Takaloo; Paul Harrison; Ibrahim Ahmed Mohomed, Plaintiffs,

v.Donald J. TRUMP, in his official capacity as President of the United States; United States Department of Homeland Security; Department of State; Office of the Director of National Intelligence; Kirstjen M. Nielsen, in her official capacity as 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.

The American Center for Law and Justice; Alabama; Immigration Reform Law Institute ; Arkansas; Arizona; Florida; Kansas; Louisiana; Missouri; Ohio; Oklahoma; South Carolina; Texas; West Virginia, Amici Supporting Appellant,

T.A., A U.S. Citizen of Yemeni Descent; Roderick and Solange MacArthur Justice Center; New York; California; Connecticut; Delaware; Illinois; Iowa; Maine; Maryland; Massachusetts; New Mexico; Oregon; Rhode Island; Vermont; Virginia; Washington; District of Columbia; Cato Institute; Muslim Justice League; Muslim Public Affairs Council; Council on American-Islamic Relations, California ; Immigration Equality; The New York City Gay and Lesbian Anti-Violence Project; The National Queer Asian Pacific Islander Alliance; The LGBT Bar Association of Los Angeles; The LGBT Bar Association of Greater New York; Lesbian and Gay Bar Association of Chicago; GLBTQ Legal Advocates & Defenders ; Bay Area Lawyers for Individual Freedom ; Immigration Law Professors on Statutory Claims; City of Chicago; City of Los Angeles; City of Philadelphia; U.S. Conference of Mayors; International Bar Association’s Human Rights Institute; The American-Arab Anti-Discrimination Committee; National Asian Pacific American Bar Association ; Civil Rights Organizations ; International Labor Organizations; Scholars of Immigration Law; Members of Congress; Professors of Federal Courts Jurisprudence, Constitutional Law, and Immigration Law; Colleges and Universities ; Interfaith Group of Religious and Interreligious Organizations and Clergy Members; Technology Companies; International Law Scholars and Nongovernmental Organizations; Karen Korematsu; Jay Hirabayashi; Holly Yasui; Fred T. Korematsu Center for Law & Equality; Civil Rights Organizations ; National Bar Associations of Color; City of New York; Massachusetts Technology Leadership Counsel, Inc., Amici Supporting Appellee.

Iranian Alliances Across Borders; Jane Doe #1; Jane Doe #2; Jane Doe #3; Jane Doe #4; Jane Doe #5; John Doe #6; Iranian Students' Foundation, Iranian Alliances Across Borders Affiliate at the University of Maryland College Park, Plaintiffs–Appellees,

v.Donald J. Trump, in his official capacity as President of the United States; Kirstjen M. Nielsen, in her official capacity as Secretary of Homeland Security; Kevin K. McAleenan, in his official capacity as Acting Commissioner of U.S. Customs and Border Protection; L. Francis Cissna, in his official capacity as 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.

The American Center for Law and Justice; Alabama; Immigration Reform Law Institute ; Arkansas; Arizona; Florida; Kansas; Louisiana; Missouri; Ohio; Oklahoma; South Carolina; Texas; West Virginia, Amici Supporting Appellant,

T.A., A U.S. Citizen of Yemeni Descent; Roderick and Solange MacArthur Justice Center; New York; California; Connecticut; Delaware; Illinois; Iowa; Maine; Maryland; Massachusetts; New Mexico; Oregon; Rhode Island; Vermont; Virginia; Washington; District of Columbia; Cato Institute; Muslim Justice League; Muslim Public Affairs Council; Council on American-Islamic Relations, California ; Immigration Equality; The New York City Gay and Lesbian Anti-Violence Project; The National Queer Asian Pacific Islander Alliance; The LGBT Bar Association of Los Angeles; The LGBT Bar Association of Greater New York; Lesbian and Gay Bar Association of Chicago; GLBTQ Legal Advocates & Defenders ; Bay Area Lawyers for Individual Freedom ; Immigration Law Professors on Statutory Claims; City of Chicago; City of Los Angeles; City of Philadelphia; U.S. Conference of Mayors; International Bar Association’s Human Rights Institute; The American-Arab Anti-Discrimination Committee; National Asian Pacific American Bar Association ; Civil Rights Organizations ; International Labor Organizations; Scholars of Immigration Law; Members of Congress; Professors of Federal Courts Jurisprudence, Constitutional Law, and Immigration Law; Colleges and Universities ; Interfaith Group of Religious and Interreligious Organizations and Clergy Members; Technology Companies; International Law Scholars and Nongovernmental Organizations; Karen Korematsu; Jay Hirabayashi; Holly Yasui; Fred T. Korematsu Center for Law & Equality; Civil Rights Organizations ; National Bar Associations of Color; City of New York; Massachusetts Technology Leadership Counsel, Inc., Amici Supporting Appellee.

Eblal Zakzok; Sumaya Hamadmad; Fahed Muqbil; John Doe #1; Jane Doe #2; Jane Doe #3, Plaintiffs–Appellees,

v.Donald J. Trump, in his official capacity as President of the United States; United States Department of Homeland Security; United States Department of State; Kirstjen M. Nielsen, in her official capacity as Secretary of Homeland Security; Rex Tillerson, in his official capacity as Secretary of State, Defendants–Appellants.

The American Center for Law and Justice; Alabama; Immigration Reform Law Institute ; Arkansas; Arizona; Florida; Kansas; Louisiana; Missouri; Ohio; Oklahoma; South Carolina; Texas; West Virginia, Amici Supporting Appellant,

T.A., A U.S. Citizen of Yemeni Descent; Roderick and Solange MacArthur Justice Center; New York; California; Connecticut; Delaware; Illinois; Iowa; Maine; Maryland; Massachusetts; New Mexico; Oregon; Rhode Island; Vermont; Virginia; Washington; District of Columbia; Cato Institute; Muslim Justice League; Muslim Public Affairs Council; Council on American-Islamic Relations, California ; Immigration Equality; The New York City Gay and Lesbian Anti-Violence Project; The National Queer Asian Pacific Islander Alliance; The LGBT Bar Association of Los Angeles; The LGBT Bar Association of Greater New York; Lesbian and Gay Bar Association of Chicago; GLBTQ Legal Advocates & Defenders ; Bay Area Lawyers for Individual Freedom ; Immigration Law Professors on Statutory Claims; City of Chicago; City of Los Angeles; City of Philadelphia; U.S. Conference of Mayors; International Bar Association’s Human Rights Institute; The American-Arab Anti-Discrimination Committee; National Asian Pacific American Bar Association ; Civil Rights Organizations ; International Labor Organizations; Scholars of Immigration Law; Members of Congress; Professors of Federal Courts Jurisprudence, Constitutional Law, and Immigration Law; Colleges and Universities ; Interfaith Group of Religious and Interreligious Organizations and Clergy Members; Technology Companies; International Law Scholars and Nongovernmental Organizations; Karen Korematsu; Jay Hirabayashi; Holly Yasui; Fred T. Korematsu Center for Law & Equality; Civil Rights Organizations ; National Bar Associations of Color; City of New York; Massachusetts Technology Leadership Counsel, Inc., Amici Supporting Appellee.

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; Arab American Association of New York, on behalf of itself and its clients; Yemeni-American Merchants Association; Mohamad Mashta; Grannaz Amirjamshidi; Fakhri Ziaolhagh; Shapour Shirani; Afsaneh Khazaeli; John Doe #4; John Doe #5, Plaintiffs–Appellants,

and

Paul Harrison; Ibrahim Ahmed Mohomed; Allan Hakky; Samaneh Takaloo, Plaintiffs,

v.Donald J. Trump, in his official capacity as President of the United States; United States Department of Homeland Security; Department of State; Office of the Director of National Intelligence; Kirstjen M. Nielsen, in her official capacity as 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–Appellees.

T.A., A U.S. Citizen of Yemeni Descent; Roderick and Solange MacArthur Justice Center; New York; California; Connecticut; Delaware; Illinois; Iowa; Maine; Maryland; Massachusetts; New Mexico; Oregon; Rhode Island; Vermont; Virginia; Washington; District of Columbia; Cato Institute; Muslim Justice League; Muslim Public Affairs Council; Council on American-Islamic Relations, California ; Immigration Equality; The New York City Gay and Lesbian Anti-Violence Project; The National Queer Asian Pacific Islander Alliance; The LGBT Bar Association of Los Angeles; The LGBT Bar Association of Greater New York; Lesbian and Gay Bar Association of Chicago; GLBTQ Legal Advocates & Defenders ; Bay Area Lawyers for Individual Freedom ; Immigration Law Professors on Statutory Claims; City of Chicago; City of Los Angeles; City of Philadelphia; U.S. Conference of Mayors; International Bar Association’s Human Rights Institute; The American-Arab...