On January 31, 2017, the ACLU of Pennsylvania and other counsel filed this action in the U.S. District Court for the Eastern District of Pennsylvania on behalf of a group of Syrian-born U.S. would-be immigrants. The action challenged President Trump’s January 27, 2017 executive order banning nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States. The case was filed as a petition for writ of habeas corpus and civil complaint; it sought immediate return of the plaintiffs to the United States. The complaint argued that the federal government's actions violated plaintiffs’ Fifth Amendment equal protection and due process rights, the First Amendment Establishment Clause, the Immigration Nationality Act, and the Administrative Procedure Act. Additionally, the complaint alleged that the defendants' actions were in violation of a temporary restraining order issued by the Eastern District of New York on January 28. That order prohibited defendants from using the executive order to remove the plaintiffs. The case was assigned to Judge Joseph Leeson Jr.

Plaintiffs were all born in Syria. Over a decade ago, one of the plaintiffs immigrated to the United States and later applied for immigrant visas for his two brothers and their families. On December 19, 2016, after waiting thirteen years, plaintiffs were approved for Permanent Resident visas. On January 28, 2017, plaintiffs arrived at Philadelphia International Airport. Immediately, they were detained and denied access to family and counsel. Defendants revoked plaintiffs’ visas and told them that they could either return to Syria or risk arrest; the plaintiffs returned to Syria that day.

At the same time the complaint was filed, plaintiffs filed a motion for a temporary restraining order to have their visas reinstated and be granted immediate re-entry to the U.S. A hearing on the motion was scheduled for February 2, 2017 and then rescheduled for February 8, 2017.

After an intervention by Congressman Charlie Dent (R-PA), plaintiffs' lawyers announced that plaintiffs had received approval to enter the United States on Feb. 5. They left Syria that day and were scheduled to arrive at John F. Kennedy International Airport on Feb. 6. On Feb. 13, after the plaintiffs were admitted to the U.S., the Court ordered the case to be stayed for 60 days so that the parties could discuss settlement. The Court also denied the plaintiff's motion for a temporary restraining order without prejudice.

On Mar. 6, 2017, prompted by an adverse ruling in Washington v. Trump, the President rescinded the Jan. 27 Executive Order and replaced it with a narrower one, Executive Order 13780.

On Apr. 12, the plaintiffs filed a notice of voluntary dismissal. However, it is not publicly available, so far.

The case is now closed.

Additional information may be available here.

Jamie Kessler - 02/02/2017
Ava Morgenstern - 02/15/2017
Julie Aust - 02/07/2017
Virginia Weeks - 06/19/2017


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