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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 and/or the Border
Presidential Authority
Special Collection Civil Rights Challenges to Trump Refugee/Visa Order
Case Summary
This class action, filed January 30, 2017, challenged President Trump’s Jan. 27, 2017 Executive Order (EO) 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, challenged President Trump’s Jan. 27, 2017 Executive Order (EO) 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 were 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 alleged that they were at risk of not being reunited with their families.

The complaint argued that one of the purposes of the EO was 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 argued that the EO applied only to Muslims. Therefore, it said, the EO had an illegal purpose and effect, and violated the First Amendment Establishment Clause and right to free exercise of religion, Fifth Amendment equal protection rights, and the Administrative Procedure Act.

The complaint sought class declaratory and injunctive relief.

The case was assigned to Judge Anthony J. Trenga.

On Mar. 6, 2017, the President rescinded the Jan. 27 EO and replaced it with a narrower one, Executive Order 13780.

In response, the plaintiffs filed an amended complaint and an emergency motion for a temporary restraining order and/or preliminary injunction. The amended complaint, filed on Mar. 13, argued 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 plaintiffs filed the emergency motion the same day.

After a Mar. 24 hearing on the emergency motion, Judge Trenga denied it the same day. He found that while plaintiffs had standing to challenge the second EO, they failed to show thus far that the second EO exceeded the President's authority. Additionally, the court found that the plaintiffs had not made a showing that they were 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."

On Apr. 21, defendants filed a motion to stay proceedings pending the outcome of the IRAP case currently on appeal in the Fourth Circuit. The court granted the stay on Apr. 24, which it continued on Aug. 18.

This case is ongoing, though inactive until the resolution of the IRAP case currently pending before the Supreme Court.

Virginia Weeks - 03/21/2017
Jamie Kessler - 08/21/2017
Virginia Weeks - 09/15/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Establishment Clause
Free Exercise Clause
Content of Injunction
Preliminary relief denied
Discrimination-basis
Religion discrimination
General
Disparate Impact
Disparate Treatment
Religious programs / policies
Terrorism/Post 9-11 issues
Immigration/Border
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.
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
Case Ongoing Yes
Additional Resources
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  Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats
www.whitehouse.gov
Date: Sep. 24, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ External Link ]

  Implementing Executive Order 13780 Following Supreme Court Ruling -- Guidance to Visa-Adjudicating Posts
Reuters
Date: Jun. 28, 2017
By: U.S. Department of State
[ Detail ] [ PDF ] [ External Link ]

  Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence
The White House
Date: Jun. 14, 2017
By: Donald Trump (White House)
[ Detail ] [ External Link ]

  Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States
Date: Mar. 6, 2017
By: President Donald Trump (President of the United States)
[ Detail ] [ External Link ]

  Memorandum to the Acting Secretary of State, the Acting Attorney General, and the Secretary of Homeland Security
The White House
Date: Feb. 1, 2017
By: Donald F. McGahn II, Counsel to the President (The White House)
[ Detail ] [ PDF ] [ External Link ]

  Statement by Acting Attorney General Sally Yates
https://www.nytimes.com/
Date: 1/30/2017
By: Acting Attorney General Sally Yates (Department of Justice)
[ Detail ] [ PDF ] [ External Link ]

  Statement By Secretary John Kelly on the Entry of Lawful Permanent Residents into the United States
https://www.dhs.gov/
Date: 1/29/2017
By: DHS Secretary John Kelly (Department of Homeland Security)
Citation: https://www.dhs.gov/news/2017/01/29/statement-secretary-john-kelly-entry-lawful-permanent-residents-united-states
[ Detail ] [ PDF ] [ External Link ]

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

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

  SUMMARY:The Nationwide Perez-Fuñez Permanent Injunction Provisions for Unaccompanied Children in DHS Custody
www.nilc.org
Date: June 2014
By: National Immigration Law Center (National Immigration Law Center)
[ Detail ] [ External Link ]

Docket(s)
1:17-cv-00120 (E.D. Va.)
IM-VA-0005-9000.pdf | Detail
Date: 08/18/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Injunctive and Declaratory Relief and Jury Demand [ECF# 1]
IM-VA-0005-0001.pdf | Detail
Date: 01/30/2017
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint [ECF# 11]
IM-VA-0005-0004.pdf | Detail
Date: 03/13/2017
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Emergency Motion for Temporary Restraining Order and/or Preliminary Injunction [ECF# 13]
IM-VA-0005-0006.pdf | Detail
Date: 03/13/2017
Source: PACER [Public Access to Court Electronic Records]
Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Temporary Restraining Order and/or Preliminary Injunction [ECF# 22]
IM-VA-0005-0010.pdf | Detail
Date: 03/17/2017
Source: PACER [Public Access to Court Electronic Records]
Amicus Curiae Brief from Professor Victor Williams of the America First Lawyers Association, in Support of President Donald Trump [ECF# 27]
IM-VA-0005-0015.pdf | Detail
Date: 03/17/2017
Source: PACER [Public Access to Court Electronic Records]
Notice of Additional Authority [ECF# 30]
IM-VA-0005-0012.pdf | Detail
Date: 03/20/2017
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion [ Plaintiffs’ emergency motion for TRO and/or PI] [ECF# 36] (2017 WL 1113305) (E.D. Va.)
IM-VA-0005-0018.pdf | WESTLAW | Detail
Date: 03/24/2017
Source: PACER [Public Access to Court Electronic Records]
Order [denying plaintiffs' emergency motion for TRO and/or preliminary injunction] [ECF# 37] (E.D. Va.)
IM-VA-0005-0019.pdf | Detail
Date: 03/24/2017
Source: PACER [Public Access to Court Electronic Records]
Consent Motion to Stay the Proceedings [ECF# 41]
IM-VA-0005-0022.pdf | Detail
Date: 04/21/2017
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-0005-0018 | IM-VA-0005-0019 | IM-VA-0005-9000
Plaintiff's Lawyers Abbas, Gadeir Ibrahim (District of Columbia)
IM-VA-0005-0001 | IM-VA-0005-0004 | IM-VA-0005-0006 | IM-VA-0005-9000
Akeel, Shereef H (Michigan)
IM-VA-0005-0004 | IM-VA-0005-0006
Masri, Lena F (Michigan)
IM-VA-0005-0001 | IM-VA-0005-0004 | IM-VA-0005-0006
Defendant's Lawyers Barghaan, Dennis C. (Virginia)
IM-VA-0005-0010 | IM-VA-0005-0012 | IM-VA-0005-0022 | IM-VA-0005-9000
Bennett, Michelle Renee (District of Columbia)
IM-VA-0005-0010 | IM-VA-0005-0012 | IM-VA-0005-0022
Boente, Dana J. (District of Columbia)
IM-VA-0005-0010 | IM-VA-0005-0012 | IM-VA-0005-0022
Garg, Arjun (District of Columbia)
IM-VA-0005-0012 | IM-VA-0005-0022
Readler, Chad A. (District of Columbia)
IM-VA-0005-0010 | IM-VA-0005-0012 | IM-VA-0005-0022
Ricketts, Jennifer (District of Columbia)
IM-VA-0005-0010 | IM-VA-0005-0012 | IM-VA-0005-0022
Rosenberg, Brad P. (District of Columbia)
IM-VA-0005-0010 | IM-VA-0005-0012 | IM-VA-0005-0022
Schwei, Daniel (District of Columbia)
IM-VA-0005-0010 | IM-VA-0005-0022
Soskin, Eric J. (District of Columbia)
IM-VA-0005-0010 | IM-VA-0005-0012
Tyler, John Russell (District of Columbia)
IM-VA-0005-0010 | IM-VA-0005-0012 | IM-VA-0005-0022

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