amicus brief Archives - Page 2 of 2

March 17, 2017

Press Release: NAPABA Applauds Restraining Order Against President’s Revised Muslim and Refugee Ban

For Immediate Release
March 15, 2017

For More Information, Contact:
Brett Schuster, Communications Manager
bschuster@napaba.org, 202-775-9555

WASHINGTON — The National Asian Pacific American Bar Association (NAPABA) applauds the U.S. District Court for the District of Hawaii’s nationwide order to halt President Trump’s March 6, 2017, revised executive order barring individuals from six Muslim-majority countries and refugees from entering the United States, which would have gone into effect on March 16.

U.S. District Court Judge Derrick K. Watson granted the State of Hawaii’s motion for a temporary restraining order hours after the hearing, which was held earlier today. He concluded that Hawaii had met its burden of establishing a strong likelihood of success on the merits of its Establishment Clause claim, that irreparable injury would likely occur if the executive order was not halted, and that the “balance of the equities and public interest” warranted the relief.

On March 12, NAPABA filed an amicus brief in support of Hawaii, describing the history of the statutory exclusion of Asians and Pacific Islanders under early U.S. immigration law — including the first federal law to ban a group of people from entering the country on the basis of race — prior to the passage of the Immigration and Nationality Act of 1965, which outlawed nationality-based discrimination. NAPABA argued that President Trump’s revised order, with its anti-Muslim underpinnings, violates this unambiguous prohibition on discrimination established by Congress.

The court agreed with Hawaii’s assertion that religious animus motivated the revised order. Noting the Muslim-majority populations of the countries at issue, Judge Watson wrote, “It would therefore be no paradigmatic leap to conclude that targeting these countries likewise targets Islam.”

NAPABA will continue to work to ensure the executive order is permanently struck down by the courts.

Read Judge Watson’s order here (PDF).

Read NAPABA’s amicus brief here.

Read the statement of NAPABA and the South Asian Bar Association – North America, joined by 14 affiliates, against the revised executive order.

Read the March 6, 2017, statement of NAPABA and the South Asian Bar Association – North America, joined by 14 affiliates, against the revised executive order.

For more information, the media may contact Brett Schuster, NAPABA communications manager, at202-775-9555 or bschuster@napaba.org.

The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American attorneys, judges, law professors, and law students. NAPABA represents the interests of almost 50,000 attorneys and approximately 75 national, state, and local Asian Pacific American bar associations. Its members include solo practitioners, large firm lawyers, corporate counsel, legal services and non-profit attorneys, and lawyers serving at all levels of government.

NAPABA continues to be a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network of committees and affiliates, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of color in the legal profession.

To learn more about NAPABA, visit www.napaba.org, like us on Facebook, and follow us on Twitter (@NAPABA).

March 13, 2017

NAPABA Files Amicus Brief Supporting the First Legal Challenge to President’s Revised Muslim and Refugee Ban

For Immediate Release

March 13, 2017

For More Information, Contact:

Brett Schuster, Communications Manager

bschuster@napaba.org, 202-775-9555

WASHINGTON — The National Asian Pacific American Bar Association (NAPABA) filed an amicus brief in State of Hawaii v. Trump to support Hawaii’s challenge to President Trump’s March 6, 2017, revised executive order barring individuals from six Muslim-majority countries and refugees from entering the United States.

Filing just before midnight on March 7, Hawaii became the first state to challenge the revised order and the U.S. District Court for the District of Hawaii agreed to hear the case on an expedited schedule. Judge Derrick K. Watson will hear oral argument on the State’s motion for a temporary restraining order on March 15, the day before the revised order is to take effect.

“I look no further than NAPABA’s mission to underscore the imperative for NAPABA to file its own amicus brief on this very issue. The new executive order is no less invidious than its predecessor,” said NAPABA President Cyndie M. Chang. “Asian Pacific American communities historically have been excluded and restricted in immigration and naturalization policies and have experienced the tragedy of forced incarceration during WWII. We understand first-hand the harms that this kind of discrimination will inflict upon Muslim and refugee communities. We will not forget this particular anti-immigrant history, and we are compelled to share our historically-based legal perspectives with the Court.”

NAPABA’s amicus brief describes decades of statutory exclusion of citizens of Asian and Pacific Island countries under early U.S. immigration law, including the Chinese Exclusion Act of 1882 — the first federal law to ban a group of people on the basis of their race. The Civil Rights Era marked a dramatic turning point that saw Congress dismantle nationality-based discrimination with the Immigration and Nationality Act of 1965. The brief explains that presidential discretion in the area of immigration and refugee admission, while broad, is limited by statute. NAPABA argues that President Trump’s revised order, motivated by anti-Muslim purpose, violates the unambiguous prohibition on discrimination established by Congress.

“I thank the many members of the NAPABA legal community who supported NAPABA’s drafting and filing of this expedited brief,” continued Chang. “Particular thanks goes to our pro bono counsel at McDermott Will & Emery LLP and pro bono local counsel at Alston Hunt Floyd & Ing for their leadership on this important brief.“

NAPABA recognizes lead counsel, James W. Kim, a NAPABA member and partner at McDermott Will & Emery LLP, in Washington, D.C., Mr. Kim’s team (Mark Calaguas, David Gacioch, Andrew Genz, Matthew Girgenti, Emre Ilter, Neha Khandhadia, Philip Levine, Riley Orloff, Sara Raaii, Joshua Rogaczewski, Amandeep Sidhu, and Michael Stanek), and NAPABA Amicus Committee chair, Professor Radha Pathak of Whittier Law School, for their leadership drafting the brief, which also involved the efforts of NAPABA staffers. NAPABA is represented by local counsel Pamela W. Bunn and John Rhee, with the support of William Kaneko, of Alston Hunt Floyd & Ing in Honolulu, Hawaii.

Read the amicus brief here.

Read the March 6, 2017, statement of NAPABA and the South Asian Bar Association – North America, joined by 14 affiliates, against the revised executive order.

For more information, the media may contact Brett Schuster, NAPABA communications manager, at202-775-9555 or bschuster@napaba.org.

To learn more about NAPABA, visit www.napaba.org, like us on Facebook, and follow us on Twitter (@NAPABA).

December 28, 2016

Press Release: Asian American Bar Association of New York Applauds New York’s Highest Court for Decision Prohibiting Skin-Color Discrimination in Jury Selection

FOR IMMEDIATE RELEASE
December 28, 2016

Contact: Yang Chen, Executive Director
(212) 332-2478

Asian American Bar Association of New York Applauds New York’s Highest Court for Decision Prohibiting Skin-Color Discrimination in Jury Selection

NEW YORK – On December 22, 2016, the New York Court of Appeals held in People v. Bridgeforth that skin color-based discrimination in jury selection is prohibited under Batson v. Kentucky, the New York State Equal Protection Clause, and the New York State Civil Rights Law. While Batson has long been understood to prohibit racial discrimination, the Court concluded that its holding “extend[s] the application of Batson to challenges based on color to ensure that the jury is not used as a tool to accomplish such discrimination.” As one of many community organizations that co-signed the Fred T. Korematsu Center for Law and Equality (“Korematsu Center”) and Akin Gump’s amicus brief in support of this decision, the Asian American Bar Association of New York (“AABANY”) applauds this decision.

Key to the Court of Appeals’ decision was its recognition that “[d]iscrimination on the basis of one’s skin color – or colorism – has been well researched and analyzed, demonstrating that ‘not all colors (or tones) are equal.’” In so holding, the Court expressly relied on several sources set forth in the amicus brief filed by the Korematsu Center and over 50 bar associations, non-profit organizations, and law school professors in this case. Professor Robert S. Chang, executive director of the Korematsu Center, commented, “We are pleased the Court found the scholarship on the history and effects of color discrimination that were cited in our amicus brief helpful and informative in finding that Batson does apply to color-based challenges under New York law.”

Sherrilyn Ifill, President and Director-Counsel of the NAACP Legal Defense and Educational Fund, Inc. (“LDF”) observed, “The Court of Appeals has taken a significant step towards reducing the impact of color-based discrimination in our justice system. We hope New York’s leadership in this area will encourage other jurisdictions across the country to protect the role of the jury as an instrument of public justice that is truly representative of the community.”

Professor Vinay Harpalani from Savannah Law School, who served as of counsel for amici, applauded the Court of Appeals for “recognizing that Indian Americans, like African-Americans, can face discrimination based on their skin color.” The Bridgeforth case involved a dark-skinned Indian American woman who was excluded from the jury along with several other dark-skinned women.

Attorneys from Akin Gump Strauss Hauer & Feld LLP served as pro bono counsel on the brief. “Akin Gump is proud to represent this national coalition and be part of this resounding victory for justice,” said Alice Hsu, a partner in Akin Gump’s New York office representing the amici.

The Asian American Bar Association of New York (AABANY) is proud to be among the organizations to sign on to the amicus brief. “As the leading bar association for Asian Americans in New York, we supported theamicus brief and we are pleased with the court’s decision,” stated Susan L. Shin, President of AABANY. “Discrimination on the basis of skin color, just as discrimination on the basis of race, should have no place in jury selection and the proper administration of justice.”

In total, 32 law professors and 20 organizations joined the amicus brief, including: the Fred T. Korematsu Center for Law and Equality, the Anti-Defamation League (ADL), Asian Americans Advancing Justice | AAJC, Asian Americans Advancing Justice | Asian Law Caucus, Asian Americans Advancing Justice | Atlanta, Asian Americans Advancing Justice | Chicago, Asian Americans Advancing Justice | Los Angeles, the Asian American Bar Association of New York (AABANY), the Asian American Legal Defense and Education Fund (AALDEF), the Hispanic National Bar Association (HNBA), LatinoJustice PRLDEF, Inc., the Metropolitan Black Bar Association (MBBA), the National Asian Pacific Bar Association (NAPABA), the National Asian Pacific American Women’s Forum (NAPAWF), the NAACP Legal Defense & Educational Fund, Inc. (LDF), the National Bar Association, the National Native American Bar Association (NNABA), the Society of American Law Teachers, Inc. (SALT), the South Asian Bar Association of New York (SABANY), and the South Asian Bar Association of North America (SABA North America).

The Court’s decision can be found here. The amicus brief is available here.

For more information, please contact Yang Chen, AABANY Executive Director, at (212) 332-2478, or direct any inquiries to main@aabany.org.

The Asian American Bar Association of New York is a professional membership organization of attorneys concerned with issues affecting the Asian Pacific American community. Incorporated in 1989, AABANY seeks not only to encourage the professional growth of its members but also to advocate for the Asian Pacific American community as a whole. AABANY is the New York regional affiliate of the National Asian Pacific American Bar Association (NAPABA).

Additional information about AABANY is available at www.aabany.org

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