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Case Name Sarsour v. Trump IM-VA-0005
Docket / Court 1:17-cv-00120 ( E.D. Va. )
State/Territory Virginia
Case Type(s) Immigration
Presidential Authority
Special Collection Civil Rights Challenges to Trump Refugee/Visa Order
Case Summary
This class action, filed January 30, 2017, challenges President Trump’s Jan. 27, 2017 Executive Order ban on admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. The complaint was filed in the U.S. District Court for the Eastern District of Virginia.

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This class action, filed January 30, 2017, challenges President Trump’s Jan. 27, 2017 Executive Order ban on admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. The complaint was filed in the U.S. District Court for the Eastern District of Virginia.

The plaintiffs are Muslim Americans residing in the U.S. Many are public figures in the U.S. or have otherwise prominent roles in their communities. Many are executive members of the Council on American-Islamic Relations (CAIR). Some are students, and others are asylees. Still others are at risk of not being reunited with their families.

The complaint argues that one of the purposes of the executive order is to “initiate the mass expulsion of immigrant and nonimmigrant Muslims lawfully residing in the United States by denying them the ability to renew their lawful status or receive immigration benefits afforded to them under the Immigration and Nationality Act.” Moreover, it argues that the Executive Order applies only to Muslims. As such, the executive order has an illegal purpose and effect, and violates the First Amendment Establishment Clause and right to free exercise of religion, Fifth Amendment equal protection rights, and the Administrative Procedure Act.

The complaint seeks class declaratory and injunctive relief as well as jury demand.

The case was assigned to Judge Anthony J Trenga. On February 3, 2017, two private citizens filed motions to intervene in support of defendants. On February 6, 2017, Judge Trenga denied both motions because they failed to state a connection to the action. Then on February 27, 2017 another private citizen filed a motion to intervene in support of the defendants. The individual had also filed - and was denied - a motion to intervene in Aziz v. Trump. That motion was denied by Judge Trenga on March 3, 2017 because the individual's interests are already adequately represented by the parties involved.

On Mar. 6, 2017, the President rescinded the Jan. 27 Executive Order and replaced it with a narrower one, Executive Order 13780.

The plaintiffs filed an amended complaint on March 13 addressing the new EO and arguing that "[b]ecause the history and text of the First Muslim Ban reveal an illegal purpose and effect, because the effects of the Revised Order continue to impact foreign nationals whose visa applications were not approved pursuant to the First Muslim Ban, and because the illegal purpose and effect of the First Muslim Ban can still be accomplished through the Revised Order via the case‐by‐case discretionary and nonreviewable waivers, Plaintiffs’ claims must be sustained."

The same day, the plaintiffs also filed an emergency motion for a temporary restraining order and/or preliminary injunction as to the March 6 EO. On March 17, the defendants filed their memorandum in opposition the the plaintiffs' motion. There was a hearing for the motion on March 21.

On Mar. 24, Judge Trenga denied plaintiffs' emergency motion for a temporary restraining order. In his corresponding memo, Judge Trenga found that plaintiffs had standing to challenge the second executive order, but that plaintiffs have failed to show thus far that the second executive order exceeds the President's authority. Additionally, the court found that the plaintiffs have not made a showing that they are likely to succeed on the merits of their Establishment Clause claim. Diverging from the court in Hawaii v. Trump, Judge Trenga refused to use the President's past statements as evidence of the order's discriminatory nature: "the Court cannot conclude for the purposes of the Motion that these statements, together with the President’s past statements, have effectively disqualified him from exercising his lawful presidential authority."

This case is ongoing.

Virginia Weeks - 03/21/2017
Jamie Kessler - 03/24/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Establishment Clause
Free Exercise Clause
Discrimination-basis
Religion discrimination
General
Disparate Impact
Disparate Treatment
Religious programs / policies
Terrorism/Post 9-11 issues
Immigration
Admission - criteria
Admission - procedure
Asylum - criteria
Asylum - procedure
Constitutional rights
Deportation - procedure
Refugees
Visas - criteria
Visas - procedures
Plaintiff Type
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) United States
Plaintiff Description Muslim Americans living in the U.S.
Indexed Lawyer Organizations None on record
Class action status sought Unknown
Class action status granted Unknown
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Links Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States
Written: Mar. 06, 2017
By: President Donald Trump (President of the United States)
[ Detail ] [ External Link ]

  Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States
Federal Register
Written: Jan. 27, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ PDF ] [ External Link ]

  Memorandum to the Acting Secretary of State, the Acting Attorney General, and the Secretary of Homeland Security
The White House
Written: Feb. 01, 2017
By: Donald F. McGahn II, Counsel to the President (The White House)
[ Detail ] [ PDF ] [ External Link ]

  OLC Memo Re: Proposed Executive Order Entitled "Protecting the Nation from Foreign Terrorist Entry into the United States"
Written: Jan. 27, 2017
By: Curtis Gannon (U.S. Department of Justice, Office of Legal Counsel)
[ Detail ] [ PDF ] [ External Link ]

  Statement By Secretary John Kelly on the Entry of Lawful Permanent Residents into the United States
https://www.dhs.gov/
Written: Jan. 29, 2017
By: DHS Secretary John Kelly (Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

  Statement by Acting Attorney General Sally Yates
https://www.nytimes.com/
Written: Jan. 30, 2017
By: Acting Attorney General Sally Yates (Department of Justice)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
1:17-cv-00120 (E.D. Va.) 03/24/2017
IM-VA-0005-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
[ECF #1] Complaint for Injunctive and Declaratory Relief and Jury Demand 01/30/2017
IM-VA-0005-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #8] Motion to Intervene Pursuant to F.R.C.P 24 02/27/2017
IM-VA-0005-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #10] Order 03/03/2017 (E.D. Va.)
IM-VA-0005-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #11] Amended Complaint 03/13/2017
IM-VA-0005-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #12] Plaintiffs' Doe Motion for a Protective Order and to Keep the Names of the John and Jane Doe Plaintiffs Under Seal 03/13/2017
IM-VA-0005-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #13] Plaintiffs' Emergency Motion for Temporary Restraining Order and/or Preliminary Injunction 03/13/2017
IM-VA-0005-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #14] Notice of Oral Argument 03/13/2017
IM-VA-0005-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #16] Defendants' Motion to Continue Hearing Until Friday, March 17, 2017 03/13/2017
IM-VA-0005-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #17] Order 03/13/2017 (E.D. Va.)
IM-VA-0005-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #22] Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction 03/17/2017
IM-VA-0005-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #23] Motion for Leave to File a Brief Amicus Curiae Raising Political Question Nonjusticiability from Professor Victor Williams [...] in Support of Donald Trump 03/17/2017
IM-VA-0005-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #27] Amicus Curiae Brief from Professor Victor Williams of the America First Lawyers Association, in Support of President Donald Trump 03/17/2017
IM-VA-0005-0015.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #30] Notice of Additional Authority 03/20/2017
IM-VA-0005-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #26] Order 03/20/2017 (E.D. Va.)
IM-VA-0005-0014.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #29] Consented Notice of Waiver of Oral Argument 03/20/2017
IM-VA-0005-0016.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #31] Notice 03/21/2017
IM-VA-0005-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #35] Notice of Fourth Circuit Briefing Schedule 03/24/2017
IM-VA-0005-0017.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #36] Memorandum Opinion 03/24/2017 (E.D. Va.)
IM-VA-0005-0018.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #37] Order 03/24/2017 (E.D. Va.)
IM-VA-0005-0019.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Davis, Ivan D. Court not on record [Magistrate]
IM-VA-0005-9000
Trenga, Anthony John (E.D. Va.)
IM-VA-0005-0003 | IM-VA-0005-0009 | IM-VA-0005-0014 | IM-VA-0005-0018 | IM-VA-0005-0019 | IM-VA-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Abbas, Gadeir Ibrahim (District of Columbia)
IM-VA-0005-0001 | IM-VA-0005-0004 | IM-VA-0005-0005 | IM-VA-0005-0006 | IM-VA-0005-0007 | IM-VA-0005-0013 | IM-VA-0005-0016 | IM-VA-0005-9000
Akeel, Shereef H (Michigan)
IM-VA-0005-0004 | IM-VA-0005-0005 | IM-VA-0005-0006 | IM-VA-0005-0007 | IM-VA-0005-0013
Masri, Lena F (Michigan)
IM-VA-0005-0001 | IM-VA-0005-0004 | IM-VA-0005-0005 | IM-VA-0005-0006 | IM-VA-0005-0007 | IM-VA-0005-0013
Defendant's Lawyers Barghaan, Dennis C. (Virginia)
IM-VA-0005-0008 | IM-VA-0005-0010 | IM-VA-0005-0012 | IM-VA-0005-0017 | IM-VA-0005-9000
Bennett, Michelle Renee (District of Columbia)
IM-VA-0005-0008 | IM-VA-0005-0010 | IM-VA-0005-0012 | IM-VA-0005-0017
Boente, Dana J. (Virginia)
IM-VA-0005-0008 | IM-VA-0005-0010 | IM-VA-0005-0012 | IM-VA-0005-0017
Garg, Arjun (District of Columbia)
IM-VA-0005-0008 | IM-VA-0005-0012 | IM-VA-0005-0017
Readler, Chad A. (District of Columbia)
IM-VA-0005-0008 | IM-VA-0005-0010 | IM-VA-0005-0012 | IM-VA-0005-0017
Ricketts, Jennifer (District of Columbia)
IM-VA-0005-0008 | IM-VA-0005-0010 | IM-VA-0005-0012 | IM-VA-0005-0017
Rosenberg, Brad P. (District of Columbia)
IM-VA-0005-0008 | IM-VA-0005-0010 | IM-VA-0005-0012 | IM-VA-0005-0017
Schwei, Daniel (District of Columbia)
IM-VA-0005-0008 | IM-VA-0005-0010 | IM-VA-0005-0017
Soskin, Eric J. (District of Columbia)
IM-VA-0005-0008 | IM-VA-0005-0010 | IM-VA-0005-0012 | IM-VA-0005-0017
Tyler, John Russell (District of Columbia)
IM-VA-0005-0008 | IM-VA-0005-0010 | IM-VA-0005-0012 | IM-VA-0005-0017
Other Lawyers None on record

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