Courtesy of Mayor’s Office
New York City and 33 other cities and municipalities on Friday filed an amicus brief in federal court to support the plaintiffs who are seeking an extension of the temporary court order preventing enforcement of the President’s Executive Order restricting travel from seven majority-Muslim countries.
By Michael V. Cusenza
A New York City-led coalition of municipalities across the country has filed an amicus brief in the U.S. District Court for the Eastern District of NY to support the plaintiffs in Darweesh v. Trump, who are seeking an extension of the temporary court order preventing enforcement of President Donald Trump’s Travel Ban.
Late last month, Trump signed the Executive Order: “Protecting the Nation from Foreign Terrorist Entry into the United States.” This presidential action bars refugees from entering the United States for the next 120 days; and precludes all immigrants from seven predominantly Muslim countries – Iran, Iraq, Libya, Somalia, Sudan, Syria, Yemen – from entering the U.S. for three months.
The plaintiffs in Darweesh v. Trump brought legal action after being detained and threatened with deportation despite holding valid visas to enter the United States. The federal government has sought to lift the hold, but amici cities say this would deeply harm millions of residents by interfering with local economies, immigrant integration and public safety efforts.
“I witnessed firsthand at JFK Airport the impact this travel ban had on mothers, children and ordinary individuals who were treated with suspicion simply because of the country they were born in, and despite the fact that they had all undergone extensive vetting procedures prior to entry into our country,” said Nisha Agarwal, commissioner of the Mayor’s Office of Immigrant Affairs. “Cities are where immigrant families, from all walks of life and all corners of the globe, live, work and love, while being an integral part of the fabric of city life. With this brief, New York City – in concert with cities and municipalities across the country – affirms that our strength comes from our diversity, our ability to protect all of our residents, upholding our laws and staying true to our values.”
According to the brief, which was filed last Thursday, the Executive Order:
Will damage the economic life and social fabric of amici cities, which depend on openness to immigrants and visitors. The court, according to the coalition, should recognize the significant and irreparable harm caused by the Executive Order – including separating families, prohibiting travel by professors and students, and stranding residents abroad. Virtually every aspect of city life would be affected, including in New York City where welcoming immigrants and visitors is the centerpiece of its economy and a common thread running through all its residents’ daily lives.
Contains no constitutionally required due process. Not a single procedural safeguard is included for any of the individuals caught in the Order’s sweeping net. “Stripping the procedural rights of particular groups harms the civil rights of all, by weakening key links in the chain of legal protections that hold our democracy together,” the brief said.
Does not make us safer. While the Executive Order is purported to be a tool in the fight against terrorism, the coalition noted, nationally respected leaders and security experts have cautioned that it actually undermines that effort. It projects bias and hostility towards broad swaths of the population with no connection to terrorist activities. Adopting a national policy that discriminates based on religion and national origin will make it more difficult for cities to eliminate discrimination and hate crimes, which have increased dramatically since the November election. The atmosphere of fear and intimidation created by the Order could chill cooperation with local law enforcement among immigrants and minorities.
