Official blog of the Asian American Bar Association of New York
The National Asian Pacific American Bar Association (NAPABA) strongly condemns the Trump Administration’s cruel “zero tolerance” enforcement policy of referring all non-port-of-entry-border crossers for criminal prosecution.
Please visit the link in the title to read NAPABA’s full statement.
The current administration has launched a marked and terrifying increase in aggressive immigration enforcement causing nonprofits and service providers to question how to continue effective operations and ensure that their immigrant clients have access to their services. New York Lawyers for the Public Interest (NYLPI) is pleased to announce the release of a special guide that outlines best practices for nonprofits when assisting and protecting immigrant clients in this new era.
With help from their pro bono partners, Paul, Weiss, Rifkind, Wharton & Garrison LLP and Stroock & Stroock & Lavan LLP, an advisory by Northwest Immigrant Rights Project, and valuable input of many allies, NYLPI has developed these guidelines to answer key questions raised by nonprofits and service providers. As one of the first comprehensive documents to be created on this topic, NYLPI’s Guidance to Nonprofits Regarding Immigration Enforcement aims to assist members of the nonprofit community in navigating complex legal questions and provide guidance on specific scenarios.
Informed nonprofits are thriving nonprofits. NYLPI’s shared goal is to ensure that every individual can live with access to the support that they need to succeed in our sanctuary city.
For Immediate Release
June 12, 2017
Contact: Brett Schuster, Communications Manager, [email protected], 202-775-9555
WASHINGTON — The National Asian Pacific American Bar Association (NAPABA) applauds the U.S. Court of Appeals for the Ninth Circuit’s per curiam ruling
maintaining a lower court’s block on President Trump’s March 6, 2017,
revised executive order barring individuals from six Muslim-majority
countries and refugees from entering the United States.
In
March 2017, U.S. District Court Judge Derrick K. Watson of the District
of Hawaii issued a preliminary injunction on the travel restrictions in
this lawsuit, State of Hawaii v. Trump, which was brought by the state and individuals impacted by the executive order.
Today’s
unanimous Ninth Circuit opinion affirmed the plaintiffs’ right to
challenge the executive order and upheld their statutory claims under
the Immigration and Nationality Act (INA). The court agreed with the
plaintiffs’ assertion that the President’s broad authority on the entry
of foreign individuals has constraints, and that the executive order
exceeds the scope of the authority delegated to the President by
Congress under the INA, including the statute’s prohibition against
nationality-based discrimination.
On April 21, NAPABA filed an amicus brief
in support of the plaintiffs, supported by 43 NAPABA affiliates, after
joining this first challenge to the revised executive order with an
amicus brief filed in the district court. NAPABA’s briefs describe 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 INA 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.
NAPABA
awaits the decision on the government’s petitions to the Supreme Court
in both this case and the parallel case from the U.S. Court of Appeals
for the Fourth Circuit, International Refugee Assistance Project v. Trump, and will continue to work to ensure the executive order is permanently struck down by the courts.
Read NAPABA’s amicus briefs in the Fourth and Ninth Circuits and before the district court 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.
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.
News Release
For Immediate Release
April 21, 2017
For More Information, Contact:
Brett Schuster, Communications Manager
[email protected], 202-775-9555
NAPABA and California Asian Pacific American Bar Associations Share
Chief Justice Cantil-Sakauye’s Concerns on Access to Justice
WASHINGTON — The National Asian Pacific American Bar Association (NAPABA) and 21 of its California-based affiliates join California Supreme Court Chief Justice Tani Cantil-Sakauye in expressing concern over the arrests of individuals by U.S. Immigration and Customs Enforcement officers at California state courts and the impact of these arrests on the administration of justice.
“NAPABA and Asian Pacific American lawyers in California share Chief Justice Cantil-Sakauye concerns over the arrest of individuals for immigration-related violations at courthouses,” said NAPABA President Cyndie M. Chang. “Our legal system is based on the idea that our courts are open to every person who seeks redress and due process. Our courts are not able to fulfill their fundamental role when victims and witnesses fear coming to the courthouse. Public safety is ultimately damaged when the administration of justice is thwarted.”
As organizations representing lawyers committed to the fair administration of justice and open access of the courts, we remain concerned that individuals may be deterred from participating in our legal system out of fear of arrest based on their immigration status. Our courts must be able to hear and obtain all evidence to fairly adjudicate the disputes and questions before them, including from undocumented individuals.
During her State of the Judiciary Address, the Chief Justice stated: “…when we hear of immigration arrests and the fear of immigration arrest in our state courthouses, I am concerned that that kind of information trickles down into the community, the schools, the churches, the families and people will no longer come to court to protect themselves or cooperate or bear witness.”
She made these points in a letter to U.S. Attorney General Jeff Sessions and Secretary of Homeland Security John Kelly expressing her concern “…about the impact on public trust and confidence in our state court system.”
The following Asian Pacific American bar associations join in this statement:
For more information, the media may contact Brett Schuster, NAPABA communications manager, at 202-775-9555 or [email protected].
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).
National Asian Pacific American Bar Association | 1612 K St. NW, Suite 510 | Washington, D.C. 20006 | www.napaba.org
On Tuesday, February 21, AABANY co-sponsored a film screening and forum at the Museum of Chinese in America entitled, “Immigration, Exclusion and Acts of Civic Engagement.” The program included a screening of the documentary “Chinese Couplets” by Felicia Lowe, followed by an open forum discussing current immigration issues in the historical context of Chinese Exclusion and ways that the community can become engaged in response to the latest developments. Among the speakers was former Immigration and Nationality Law Committee Co-Chair Tsui Yee.
For an article about the program published in The World Journal, follow the link in the title. Below is a translation provided by Yuqing Tian, AABANY Legal Intern (Fall 2016-Winter 2017), and Government Service and Public Interest Committee Co-Chair Thalia Huang:
A
seminar on the topic of immigration was held in the Museum of Chinese
American (MOCA) on February 21, 2017. Xiaoan [Elizabeth] Ouyang, former president of
New York Chapter of the Organization of Chinese Americans (OCA-NY),
said that President Trump would bring great threat and panic to the immigrant
community. Ms. Ouyang recommended Chinese communities to apply for citizenship
as early as possible and that Chinese communities, by voting and protesting, can show
the US government that they will not be bullied.The
film Dui Lian (Chinese Couplets), created by a Chinese-born independent
television producer Yonge Liu (Felicia Lowe) was shown
in MOCA on the 21st. The movie showed Chinese immigrants’ hardships
during the Chinese Exclusion Act period, by telling the true story of her
mother and herself. Liu’s grandfather used to go to Cuba for a living,
but his business failed. During the World War II, Liu’s grandmother
spent all their savings to get a counterfeit ID for Liu’s mother Jintao Lei,
who then traveled to the US via Zhongshan, Guangdong province. Lei changed
her name six times. Living under the stress of being deported, Lei finally made
her American dream come true by working hard. She finally told her niece and
daughter about her story.Ms. Ouyang, Muzna Ansari, Immigration
Policy Manager of the New
York Immigration Coalition, MOCA co-founder Guowei
Chen, and immigration lawyer Cuixing Yu [Tsui Yee] also participated in the
discussion following the film, exploring how to unite the Chinese community and
to show our demands, under the panic caused by President Trump’s
new order.Ms. Ouyang said that the attitude towards Chinese
community has changed since the 9/11 terrorist attack. The story of the 19-year-old
Chinese American soldier Yuhui Liu (Danny Chen), who was bullied
to death in the army, also promoted the Chinese immigrants’
civil right awareness.
“Now we are in a very critical moment, nearly half a million people who
are eligible apply for a green card should stand up to become citizens and
vote.” Ms. Ouyang indicated that people who voted for
Trump, thinking that he would not actually implement his campaign slogans but
instead mainly facilitate economic development, will be disappointed to see
that the number of international students will gradually decline, creating a
ripple effect that will undermine the US economy.Cuixing Yu
said she had many undocumented immigrant clients, who were very much in a
state of panic. Some were even afraid to participate in church activities
because of fear. “My grandfather came to the United States with a fake
identity. He was afraid that ICE would knock at the door and
deport him his entire life. I really want to tell
him not to be afraid.” Yu also reminded the public to be
cautious with immigration fraud.