ARAB AMERICAN CIVIL RIGHTS LEAGUE v. TRUMP

Case No. 17-10310.

ARAB AMERICAN CIVIL RIGHTS LEAGUE, et al., Plaintiffs, v. DONALD TRUMP, et al., Defendants.

United States District Court, E.D. Michigan, Southern Division.

Editors Note
Cause: No cause code entered
Nature of Suit: 440 Civil Rights: Other
Source: PACER


Attorney(s) appearing for the Case

Arab American Civil Rights League, Plaintiff, represented by Helal A. Farhat , Salamey and Farhat.

Arab American Civil Rights League, Plaintiff, represented by Kassem M. Dakhlallah , Hammoud, Dakhlallah & Associates PLLC, Natalie C. Qandah , Vida Law Group, PLLC & Nabih H. Ayad , Ayad Law, P.L.L.C..

Samir Almasmari, Plaintiff, represented by Nabih H. Ayad , Ayad Law, P.L.L.C..

Sabah Almasmary, Plaintiff, represented by Nabih H. Ayad , Ayad Law, P.L.L.C..

Hana Almasmari, Plaintiff, represented by Nabih H. Ayad , Ayad Law, P.L.L.C..

Atik Mounira, Plaintiff, represented by Nabih H. Ayad , Ayad Law, P.L.L.C..

Walid Jammoul, Plaintiff, represented by Nabih H. Ayad , Ayad Law, P.L.L.C..

Abubaker Abbass, Plaintiff, represented by Nabih H. Ayad , Ayad Law, P.L.L.C..

Donald Trump, Defendant, represented by Briana Yuh , United States Department of Justice & Gisela Westwater , U.S. Department of Justice.

Department of Homeland Security, Defendant, represented by Briana Yuh , United States Department of Justice & Gisela Westwater , U.S. Department of Justice.

U.S. Customs and Border Protection, Defendant, represented by Briana Yuh , United States Department of Justice & Gisela Westwater , U.S. Department of Justice.

John Kelly, Defendant, represented by Briana Yuh , United States Department of Justice & Gisela Westwater , U.S. Department of Justice.

Kevin McAleenan, Defendant, represented by Briana Yuh , United States Department of Justice & Gisela Westwater , U.S. Department of Justice.


ORDER REGARDING PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER [Doc. 5]

VICTORIA A. ROBERTS, District Judge.

On January 27, 2017, President Donald Trump issued an Executive Order titled, "Protecting the Nation From Foreign Terrorist Entry Into the United States." Among other things, this Executive Order affects travel to and from the United States of lawful permanent residents and other non-citizens from seven designated countries.

On February 2, 2017, Plaintiffs filed an ex parte motion for temporary restraining order. [Doc. 5]. Ultimately, they seek a permanent injunction that "prohibits the denial of entry into the United States of legal permanent residents and those with valid immigrant visas on the basis of [the] January 27, 2017 Executive Order." Four of the named Plaintiffs are lawful permanent residents.

The remaining Plaintiffs are an immigrant who was issued a visa to enter the United States as a lawful permanent resident; a United States citizen whose nine-year-old son was denied a visa to join his family in the United States; and the Arab American Civil Rights League, whose members have been adversely affected by the Executive Order. These Plaintiffs seek relief that is not addressed in this order.

Upon the filing of the motion for temporary restraining order, the Court held a telephone conference. Attending were Nabih Ayad, Kassem Dakhlallah, and Ali Hammoud for Plaintiffs, and Gisela Westwater, Briana Yuh, and Adrian Pander for Defendants. During the call, counsel for Defendants pointed out that the White House issued a memorandum on February 1, 2017, which clarifies that the Executive Order does not apply to lawful permanent resident of the United States. After the hearing, Defendants filed the memorandum setting forth the clarification. [See Docs. 7, 7-1].

Based on this clarification, the Court orders that the United States is PERMANENTLY ENJOINED from applying Sections 3(c) and 3(e) of the January 27, 2017 Executive Order against lawful permanent residents of the United States.

This injunction applies to Plaintiffs Samir Almasmari, Sabah Almasmary, Hana Almasmari, and Mounira Atik, as well as all other lawful permanent residents of the United States who are similarly situated.

After additional briefing, the Court will rule on the temporary restraining order request of the remaining Plaintiffs.

IT IS ORDERED.


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