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Case Name Iranian Alliances Across Borders v. Trump IM-MD-0005
Docket / Court 8:17-cv-02921-GJH ( D. Md. )
Additional Docket(s) 17−02232  [ 17-2232 ]
State/Territory Maryland
Case Type(s) Immigration and/or the Border
Special Collection Civil Rights Challenges to Trump Refugee/Visa Order
Case Summary
On October 2, 2017, the group Iranian Alliances Across Borders filed this complaint on behalf of a group of plaintiffs of Iranian descent. The suit challenged President Trump's Sept. 24 Proclamation indefinitely restricting travel from Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and ... read more >
On October 2, 2017, the group Iranian Alliances Across Borders filed this complaint on behalf of a group of plaintiffs of Iranian descent. The suit challenged President Trump's Sept. 24 Proclamation indefinitely restricting travel from Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen. Otherwise known as EO-3, the proclamation was the President's third attempt to restrict travel from particular countries. The first attempt was by and Executive Order (EO) issued in Jan. 2017. In response to that order, a slew of litigation ensued. That litigation, and the decisions that followed, eventually led the President to issue a new, revised order. However, the litigation continued, and in September, President Trump issued his proclamation just as the second EO was about to expire.

In response to that proclamation, and alongside other suits challenging the EOs, plaintiffs filed their complaint in the Maryland District Court. The case was assigned to Judge Chuang, who also is presiding in IRAP v. Trump. In their complaint, plaintiffs alleged that the proclamation targeted and discriminated against Muslims and that it violated the Immigration and Nationality Act by discriminating based on national origin. Plaintiffs also alleged that the order violated the First Amendment's Establishment and Free Speech Clauses and the Fifth Amendment's Equal Protection and Due Process Clauses. As relief, plaintiffs requested a nationwide injunction barring the government from enforcing the new order.

On Oct. 12, the government responded to plaintiffs' motion for a preliminary injunction by arguing that the case should be dismissed because the plaintiffs lacked standing. The government also argued that, irrespective of standing, the President has broad authority to issue orders on immigration matters, particularly when national security is at stake. That day, plaintiffs amended their complaint to add to new plaintiffs, and on Oct. 17 Judge Chuang granted in part plaintiffs' preliminary injunction motion. In his order, Judge Chuang enjoined the government from from enforcing Section 2 of the proclamation, which suspended the entry of nationals from eight specified countries. However, the injunction only applies to those individuals who have a bona-fide relationship with a person or entity in the United States. Later that week the government followed up with a notice that it would appeal Judge Chuang's order.

On October 20, 2017 the appeal was consolidated with two other cases: IRAP v. Trump and Zakzok v. Trump. To read more about what happened to this case on appeal, please visit the IRAP v. Trump Clearinghouse page.

Those cases progressed to the Supreme Court. On Jun. 26, the Supreme Court in Hawaii v. Trump rejected plaintiffs' constitutional challenges to EO-3. Writing for the majority, Chief Justice Roberts endorsed a broad view of presidential power, holding that under the INA the President has "broad discretion to suspend the entry of aliens into the United States” and that here the President "lawfully exercised that discretion.” The majority dismissed the plaintiffs’ claims that the President must explain his findings, calling the argument “questionable” and writing that “the 12-page Proclamation—which thoroughly describes the process, agency evaluations, and recommendations underlying the President’s chosen restrictions—is more detailed than any prior order a President has issued under §1182(f).” As for plaintiff’s Establishment Clause argument, the Court first noted that EO-3's facially neutral policy towards religion forced the Court to take the extra step of probing "the sincerity of the stated justifications for the policy by reference to extrinsic statements—many of which were made before the President took the oath of office.” Applying a rational basis test, the Court found that “the Proclamation is expressly premised on legitimate purposes: preventing entry of nationals who cannot be adequately vetted and inducing other nations to improve their practices. The text says nothing about religion.” Notably, the Court did however use the opinion to officially repudiate Korematsu writing that the decision was "was gravely wrong the day it was decided.”

Back in this district court, on Nov. 2, 2018, the plaintiffs filed a second amended complaint.

This case is ongoing.

Jamie Kessler - 02/20/2018
Taylor Brook - 03/21/2018
Virginia Weeks - 11/06/2018


compress summary

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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Establishment Clause
Freedom of speech/association
Content of Injunction
Preliminary relief granted
Discrimination-basis
Immigration status
National origin discrimination
Religion discrimination
General
Disparate Impact
Disparate Treatment
Racial profiling
Religious programs / policies
Terrorism/Post 9-11 issues
Immigration/Border
Admission - criteria
Admission - procedure
Constitutional rights
Refugees
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Non-profit NON-religious organization
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) United States
Plaintiff Description Non-profit organization, Iranian Alliances Across Borders, and six U.S. citizens and lawful permanent residents of Iranian descent.
Class action status sought No
Class action status granted Moot
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Filing Year 2017
Case Ongoing Yes
Case Listing IM-MD-0004 : International Refugee Assistance Project ("IRAP") v. Trump (D. Md.)
IM-MD-0007 : Zakzok v. Trump (D. Md.)
Additional Resources
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  Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities
White House
Date: Oct. 24, 2017
By: United States
[ Detail ] [ External Link ]

  Meet the Plaintiffs in Iranian Alliances Across Borders (IAAB) v. Trump
Date: Oct. 6, 2017
By: Scott Simpson (Muslim Advocates )
[ Detail ] [ External Link ]

  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 ]

Docket(s)
8:17-cv-2921 (D. Md.)
IM-MD-0005-9000.pdf | Detail
Date: 11/07/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint For Declaratory and Injunctive Relief [ECF# 1]
IM-MD-0005-0001.pdf | Detail
Date: 10/02/2017
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion For a Preliminary Injunction [ECF# 26]
IM-MD-0005-0002.pdf | Detail
Date: 10/06/2017
Source: PACER [Public Access to Court Electronic Records]
Defendants' Combined Memorandum In Opposition to Plaintiffs' Motions For Preliminary Injunctions [ECF# 36]
IM-MD-0005-0003.pdf | Detail
Date: 10/12/2017
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint For Declaratory and Injunctive Relief [ECF# 37]
IM-MD-0005-0004.pdf | Detail
Date: 10/12/2017
Source: PACER [Public Access to Court Electronic Records]
Reply In Support of Plaintiffs' Motion For Preliminary Injunction [ECF# 43]
IM-MD-0005-0005.pdf | Detail
Date: 10/14/2017
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion [ECF# 46] (D. Md.)
IM-MD-0005-0006.pdf | Detail
Date: 10/17/2017
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 47] (D. Md.)
IM-MD-0005-0007.pdf | Detail
Date: 10/17/2017
Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion to Stay Proceedings Pending Resolution of Preliminary-Injunction Appeals [ECF# 63]
IM-MD-0005-0008.pdf | Detail
Date: 01/19/2018
Source: PACER [Public Access to Court Electronic Records]
Memorandum in Opposition to Motion to Stay and in Support of Motion for Entry of a Scheduling Order [ECF# 65]
IM-MD-0005-0009.pdf | Detail
Date: 02/02/2018
Source: PACER [Public Access to Court Electronic Records]
Defendants' Combined Reply Memorandum in Support of Their Motion to Stay, and in Opposition to Plaintiffs' Motion for Entry of a Scheduling Order [ECF# 66]
IM-MD-0005-0010.pdf | Detail
Date: 02/09/2018
Source: PACER [Public Access to Court Electronic Records]
Reply in Support of Motion for Entry of a Scheduling Order [ECF# 67]
IM-MD-0005-0011.pdf | Detail
Date: 02/16/2018
Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint [ECF# 78]
IM-MD-0005-0012.pdf | Detail
Date: 11/02/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Chuang, Theodore David (D. Mass., D. Md.)
IM-MD-0005-0006 | IM-MD-0005-0007 | IM-MD-0005-9000
Plaintiff's Lawyers Abbas, Gadeir Ibrahim (District of Columbia)
IM-MD-0005-0009 | IM-MD-0005-0011
Arvelo, Jose E. (District of Columbia)
IM-MD-0005-0001 | IM-MD-0005-0002 | IM-MD-0005-0004 | IM-MD-0005-0005 | IM-MD-0005-0009 | IM-MD-0005-0011 | IM-MD-0005-9000
Atkins, Robert A. (New York)
IM-MD-0005-0009 | IM-MD-0005-0011
Cahoy, Kathryn E. (California)
IM-MD-0005-0005 | IM-MD-0005-0011 | IM-MD-0005-0012 | IM-MD-0005-9000
Davidow, Charles E. (District of Columbia)
IM-MD-0005-0009 | IM-MD-0005-0011
Ehrlich, Andrew J. (New York)
IM-MD-0005-0009 | IM-MD-0005-0011
Eisenstein, Jethro M. (New York)
IM-MD-0005-0009 | IM-MD-0005-0011
Fenster, Herbert L. (District of Columbia)
IM-MD-0005-0001 | IM-MD-0005-0002 | IM-MD-0005-0004 | IM-MD-0005-0005
Herzog, Steven C. (New York)
IM-MD-0005-0009 | IM-MD-0005-0011
Katskee, Richard B. (District of Columbia)
IM-MD-0005-0001 | IM-MD-0005-0002 | IM-MD-0005-0004 | IM-MD-0005-0005 | IM-MD-0005-0009 | IM-MD-0005-0011 | IM-MD-0005-0012 | IM-MD-0005-9000
Kies, Marianne F. (District of Columbia)
IM-MD-0005-0004 | IM-MD-0005-0009 | IM-MD-0005-0011 | IM-MD-0005-0012 | IM-MD-0005-9000
Lynch, Mark H. (District of Columbia)
IM-MD-0005-0001 | IM-MD-0005-0002 | IM-MD-0005-0004 | IM-MD-0005-0005 | IM-MD-0005-0009 | IM-MD-0005-0011 | IM-MD-0005-0012 | IM-MD-0005-9000
Masri, Lena F (Michigan)
IM-MD-0005-0009 | IM-MD-0005-0011
Mosier, Mark William (District of Columbia)
IM-MD-0005-0001 | IM-MD-0005-0002 | IM-MD-0005-0004 | IM-MD-0005-0005 | IM-MD-0005-0009 | IM-MD-0005-0011 | IM-MD-0005-0012 | IM-MD-0005-9000
Nellis, Andrew L. (District of Columbia)
IM-MD-0005-0001 | IM-MD-0005-0002 | IM-MD-0005-0004 | IM-MD-0005-0005 | IM-MD-0005-0009 | IM-MD-0005-0011 | IM-MD-0005-9000
Patel, Faiza (New York)
IM-MD-0005-0009 | IM-MD-0005-0011
Price, Michael (New York)
IM-MD-0005-0009 | IM-MD-0005-0011
Rothschild, Eric J. (Pennsylvania)
IM-MD-0005-0001 | IM-MD-0005-0002 | IM-MD-0005-0004 | IM-MD-0005-0005 | IM-MD-0005-0009 | IM-MD-0005-0011 | IM-MD-0005-9000
Shebaya, Sirine (District of Columbia)
IM-MD-0005-0001 | IM-MD-0005-0002 | IM-MD-0005-0004 | IM-MD-0005-0005 | IM-MD-0005-0009 | IM-MD-0005-0011 | IM-MD-0005-0012 | IM-MD-0005-9000
Smith, Johnathan James (District of Columbia)
IM-MD-0005-0001 | IM-MD-0005-0002 | IM-MD-0005-0004 | IM-MD-0005-0005 | IM-MD-0005-0009 | IM-MD-0005-0011 | IM-MD-0005-0012 | IM-MD-0005-9000
Sorrenti, John W. (District of Columbia)
IM-MD-0005-0001 | IM-MD-0005-0002 | IM-MD-0005-0004 | IM-MD-0005-0005 | IM-MD-0005-0009 | IM-MD-0005-0011 | IM-MD-0005-9000
Tilak, Karun A. (District of Columbia)
IM-MD-0005-0012 | IM-MD-0005-9000
Van Tassell, Rebecca Grace (District of Columbia)
IM-MD-0005-0001 | IM-MD-0005-0004 | IM-MD-0005-0005 | IM-MD-0005-0009 | IM-MD-0005-0011 | IM-MD-0005-9000
Velazquez, Liza M. (New York)
IM-MD-0005-0009 | IM-MD-0005-0011
Defendant's Lawyers Bennett, Michelle Renee (District of Columbia)
IM-MD-0005-0003 | IM-MD-0005-0008 | IM-MD-0005-0010
Dugan, Joseph C. (District of Columbia)
IM-MD-0005-0008 | IM-MD-0005-0010
Garg, Arjun (District of Columbia)
IM-MD-0005-0003
Mooppan, Hashim M. (District of Columbia)
IM-MD-0005-0003 | IM-MD-0005-0008 | IM-MD-0005-0010
Readler, Chad A. (District of Columbia)
IM-MD-0005-0003 | IM-MD-0005-0008 | IM-MD-0005-0010
Ricketts, Jennifer (District of Columbia)
IM-MD-0005-0003 | IM-MD-0005-0008 | IM-MD-0005-0010
Schenning, Stephen M. (District of Columbia)
IM-MD-0005-0003 | IM-MD-0005-0008 | IM-MD-0005-0010
Schwei, Daniel (District of Columbia)
IM-MD-0005-0003 | IM-MD-0005-0008 | IM-MD-0005-0010 | IM-MD-0005-9000
Snell, Kevin Matthew (District of Columbia)
IM-MD-0005-0008 | IM-MD-0005-0010
Tyler, John Russell (District of Columbia)
IM-MD-0005-0003 | IM-MD-0005-0008 | IM-MD-0005-0010

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