Government Security News February 2017 Digital Edition

Law suits challenge “Muslim Ban” executive order
citing Constitutional guarantee of equal protection
and statutory prohibitions against discrimination
By Mary Kenney
The fallout continues from last
week’s immigration executive order,
which has been coined the “Muslim
Ban.” Several lawsuits have been
filed to challenge the executive order,
including Ali v. Trump, on the
grounds that it violates the Constitution’s
guarantee of equal protection
under the law and a statutory
prohibition against discrimination.
The American Immigration
Council, Northwest Immigrant
Rights Project, and the National
Immigration Project of the National
Lawyers Guild filed this nationwide,
class action lawsuit in the District
Court for the Western District of
Washington on Monday, January 30.
At issue in this lawsuit is Section
3 of the executive order, through
which President Donald Trump
abruptly suspended immigrant visa
processing for nationals of seven
predominantly Muslim countries,
and prohibited their entry into the
United States. Section 3 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’
constitutionally
protected rights to
family, marriage, and
equal protection under
the law. The lawsuit
was filed on behalf of United States
citizens and lawful permanent residents
who have filed visa petitions
for their close family members who
are nationals of the seven countries.
Reema Dahman, a lawful permanent
resident of the United States,
filed a petition to bring her 16-yearold
son stranded in war-torn Syria to
the United States. The two have not
seen each other since 2012. They are
now at the last stage of processing,
waiting only for an immigrant visa
interview to be scheduled. But the
President’s executive order has suspended
immigrant visa interviews,
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Photo: Geoff Livingston
putting safety and security further
out of the boy’s reach and further
delaying the boy’s reunification with
his mother.
Ms. Dahman described the moment
she realized her separation
from her son would continue by
saying:
“I’m heartbroken. Every day I am
filled with anguish at what might
become of my son, and this order
just crushed my hopes that I could
get him out of harm’s way anytime
soon.”
Juweiya Ali is also a plaintiff. Her
More on page 40