Immigrant rights groups file class action suit challenging travel ban

Plaintiff Juweiya Ali’s 6-year-old Somali son is also in limbo. Ali, a U.S. citizen, began the process to bring him to the United States in August 2016. But they too now are left to worry that the visa process will remain suspended indefinitely.

The AIC says that like thousands before them, these plaintiffs have diligently pursued the rigorous immigrant visa process, which includes paying hundreds of dollars in filing fees, undergoing security screenings and medical examinations, and attending an interview before a consular officer. 

“The 27 January 2017 executive order seeking to ban Muslims, issued by President Donald Trump, has shattered the plaintiffs’ lives and their prospects for being reunited as well as the lives and reunification prospects of hundreds of similarly situated families and individuals,” the AIC says. 

Section 3 of the executive order violates Congress’ clear intent in Section 202(a)(1) of the Immigration and Nationality Act to prevent discrimination in the issuance of immigrant visas “because of the person’s race, sex, nationality, place of birth, or place of residence.” It also violates Plaintiffs’ constitutional guarantee to equal protection under the law and rights to family, marriage, and equal protection under the law.  

Plaintiffs and prospective class members seek judicial intervention to cease application of Section 3 of the executive order to persons in the immigrant visa process—U.S. citizens and lawful permanent residents who have successfully petitioned for the immigration of a family member and nationals of the seven designated countries who have applied for visas—to prevent ongoing and future harm to these individuals.  Such intervention is needed to protect the integrity of the United States’ immigrant visa process and the families diligently seeking to reunite with their loved ones.

“The Constitution and immigration laws plainly prohibit the government from denying visas or suspending processing based on this type of discrimination,” said Matt Adams, Legal Director for the Northwest Immigrant Rights Project. “President Trump is tearing families apart, not to protect our country, but to score points with his anti-immigrant supporters.”

“This discriminatory and ill-conceived policy flies in the face of this country’s values and the legitimacy of our immigration system,” said Trina Realmuto, Litigation Director of the National Immigration Project of the National Lawyers Guild. “We hope that the court will put a stop to the senseless separation of  families.”

“Section 3 of the Executive Order is as unnecessary as it is discriminatory,” stated Mary Kenney, a Senior Attorney at American Immigration Council. “All visa applicants and visa holders who seek to immigrate to the United States already are subject to vigorous screening and review—no matter their country of origin.  There is no legitimate basis to single out nationals from seven Muslim-majority countries and refuse to process their visa applications or honor visas that have already been issued.”