Tag: muslim ban

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NAPABA | Statement on Executive Orders

For Immediate Release: Date: January 21, 2021

Contact: Priya Purandare, Executive Director

Reversing the Muslim Ban, Restoring DACA, and Promoting Diversity

WASHINGTON—The National Asian Pacific American Bar Association (NAPABA) supports the efforts by President Biden to repeal the Muslim Ban, to preserve Deferred Action for Childhood Arrivals (DACA), and to promote diversity, equity, and inclusion—values important to NAPABA, as outlined in the Executive Orders he signed yesterday.

“We applaud President Biden’s initial executive orders that specifically address many of the key issues that NAPABA cares about and has been advocating on,” said A. B. Cruz III, president of NAPABA. “We are encouraged by the Administration’s steps today to promote religious tolerance by reversing the Muslim Ban, fortify the DACA program to better protect DREAMers, and commit to promoting racial equity for all Americans. We look forward to working with the new administration on policies that meaningfully support and advance our community.”

NAPABA and our affiliated bar associations opposed the Muslim Ban, including filing amicus briefs in the Supreme Court. NAPABA supports the DACA program and efforts to find a bipartisan solution for the status of the undocumented in the country.

NAPABA congratulates President Biden and Vice President Harris on their historic inauguration.

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of approximately 50,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network, NAPABA provides a strong voice for increased diversity in government and the judiciary on the local, state, and federal levels, 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.

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NAPABA Deeply Disappointed in U.S. Supreme Court’s Decision in Muslim Ban Case

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WASHINGTON — The National Asian Pacific American Bar Association (NAPABA) is deeply disappointed in today’s decision by the United States Supreme Court to uphold President Trump’s Muslim Ban in Trump v. State of Hawaii. In a 5-4 ruling, the Court ended the U.S. Court of Appeals for the Ninth Circuit’s injunction of President Trump’s revised executive order that bars individuals from six Muslim-majority countries from entering the U.S.

“We are frustrated by the outcome of the Supreme Court’s decision in Trump v. State of Hawaii and concerned about its real-world implications. The Court’s reasoning results in sanctioned discrimination, a consequence that runs counter to our values,” said Pankit J. Doshi, president of NAPABA. “Today’s decision opens the door further to hate and discrimination against Muslims and other marginalized groups. Unfortunately, the Court has chosen to turn a blind eye to anti-Muslim animus and codified prejudice.”

Doshi continued, “Although the Court took the commendable step of denouncing the holding of Korematsu, it rejected the important lesson that the current case presented. The Court’s decision to accept the government’s national security rationale and minimize the impact of the President’s express statements and actions will have long-term, negative consequences.”

President Trump’s original order, announced in January 2017, stopped refugees from entering the U.S. and halted immigration from Muslim-majority countries. The federal government issued two revised versions of the Muslim ban, which continued to place discriminatory restrictions on immigration from certain Muslim-majority countries. The third version, released in September, was at issue in this case. The third order was blocked by the U.S. District Court of Hawaii and the U.S. Court of Appeals for the Ninth Circuit; concurrent litigation occurred in the U.S. District Court of Maryland and the U.S. Court of Appeals for the Fourth Circuit.

NAPABA has condemned the Muslim ban executive order since it was first announced, and continued to oppose its later variants. NAPABA first filed an amicus brief in support of Hawaii’s challenge to the revised order in the U.S. District Court of Hawaii, which enjoined the order in

March 2017. NAPABA then led 43 Asian Pacific American bar associations from around the country in filing an amicus brief in the U.S. Court of Appeals for the Ninth Circuit, which ultimately upheld Hawaii’s original Muslim ban injunction in April 2017. NAPABA most recently led 62 Asian Pacific American bar associations in filing an amicus brief in the Supreme Court in April 2018.

In its amicus brief filed in the Supreme Court, NAPABA argued the order was not within the scope of Presidential authority. NAPABA explained that Congress had deliberately omitted the option for the government to discriminate based on national origin in immigration policies when it passed the Immigration and Nationality Act, repudiating the lineage of anti-Asian orders that served as the foundation of American immigration law.

NAPABA is grateful for the many individuals involved in drafting its Supreme Court amicus brief, including its lead pro bono counsel, James W. Kim, a NAPABA member and partner at McDermott Will & Emery LLP, in Washington, D.C.; Mr. Kim’s team (including Cathy Zeman Scheineson, Matthew M. Girgenti, and Llewelyn M. Engel); NAPABA Amicus Committee co-chairs, Professor Radha Pathak of Whittier Law School and Albert Giang, a partner at Boies Schiller Flexner LLP in Los Angeles; Meredith Higashi, NAPABA Civil Rights Committee co-chair; Navdeep Singh, NAPABA policy director; and Oriene Shin, NAPABA policy counsel. NAPABA is also appreciative of the many NAPABA affiliates that joined the effort to challenge this series of orders.

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 over 50,000 attorneys and over 80 national, state, and local 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) and Instagram (@napabanational).

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NAPABA Files Amicus Briefs in the Fourth and Ninth Circuits Challenging the President’s Revised Muslim and Refugee Ban

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For Immediate Release

Dec. 1, 2017

WASHINGTON — The National Asian Pacific American Bar Association (NAPABA) filed amicus briefs in both the U.S. Court of Appeals for the Ninth Circuit and in the U.S. Court of Appeals for the Fourth Circuit to support the preliminary injunction of President Trump’s September 24, 2017, revised executive order barring refugees and individuals from six Muslim-majority countries and North Korea, along with government officials from Venezuela, from entering the United States.

The Trump Administration’s appeals in these cases, State of Hawaii v. Trump and International Refugee Assistance Project v. Trump, arise from the legal challenges to the third revised executive order, which was announced in September 2017 and set to take effect October 18, 2017. On October 17, Judge Derrick K. Watson of the U.S. District Court for the District of Hawaii granted the temporary restraining order. NAPABA filed an amicus brief in this case on November 22. The U.S. district court in Maryland also enjoined the visa ban on October 17, 2017, and the Administration’s appeal in that case is pending in the Fourth Circuit, where NAPABA filed an amicus brief on November 17, 2017.

“This third order continues the discriminatory and unlawful exclusion promoted by its predecessors,” said NAPABA President Pankit J. Doshi. “As a bar association committed to promoting diversity and inclusion, we are proud to continue to speak out in these cases. As an Asian Pacific American community, we have experienced the harms of exclusionary laws and we will continue to oppose this anti-Muslim and anti-immigrant order.”

NAPABA’s amicus briefs describe 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, with its anti-Muslim underpinnings, violates the unambiguous prohibition on discrimination established by Congress.

NAPABA opposed earlier iterations of the executive order, including submitting amicus briefs at the District, Circuit, and Supreme Court level.

NAPABA recognizes lead pro bono counsel, James W. Kim, a NAPABA member and partner at McDermott Will & Emery LLP, in Washington, D.C., Mr. Kim’s team (including Andrew Genz, Joshua Rogaczewski, Philip Levine, Matthew Girgenti, and Llewelyn Engel), NAPABA Amicus Committee co-chairs, Professor Radha Pathak of Whittier Law School and Albert Giang, a partner at Boies Schiller Flexner LLP in Los Angeles, and NAPABA Civil Rights Committee co-chair Meredith Higashi for their leadership drafting the brief, which also involved the efforts of NAPABA staff.

The Ninth Circuit will hear the case on December 6, 2017, in Seattle, WA. The Fourth Circuit will hear the case on December 8, 2017 in Richmond, VA.

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 (APA) attorneys, judges, law professors, and law students. NAPABA represents the interests of over 50,000 attorneys and over 75 national, state, and local 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 engages in legislative and policy advocacy, promotes APA political leadership and political appointments, and builds coalitions within the legal profession and the community at large. NAPABA also serves as a resource for government agencies, members of Congress, and public service organizations about APAs in the legal profession, civil rights, and diversity in the courts.

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).

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NAPABA Responds to Revisions to Muslim and Refugee Ban

On Sunday evening, the president announced revisions to the Muslim and Refugee ban, following a review required under the March 6, 2017, Executive Order. North Korea, Venezuela, and Muslim-majority Chad, were added to the list of restricted countries that continues to include Iran, Libya, Somalia, Syria, and Yemen. The restrictions on travel vary from country to country, ranging from limits on the entry of government officials to bars on immigrant and nonimmigrant admission.

The National Asian Pacific American Bar Association (NAPABA) has consistently opposed this series of discriminatory executive orders. The addition of new countries does not correct the problems inherent in the original action, including its anti-Muslim underpinnings and statutory deficiencies. NAPABA will continue to oppose discriminatory immigration policies.

Read more about NAPABA’s position on the executive orders and the brief it filed in the Supreme Court here.

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NAPABA Leads 43 APA Bar Associations in Ninth Circuit Amicus Brief to Continue Fight in First Legal Challenge to President’s Revised Muslim and Refugee Ban

News Release

For Immediate Release
April 21, 2017

For More Information, Contact:
Brett Schuster, Communications Manager
[email protected], 202-775-9555

WASHINGTON — The
National Asian Pacific American Bar Association (NAPABA) led 43 of its
national associate and affiliate bar associations in filing an amicus brief
in the U.S. Court of Appeals for the Ninth Circuit to support the
preliminary injunction of President Trump’s March 6, 2017, revised
executive order barring refugees and individuals from six
Muslim-majority countries from entering the United States.

The Trump Administration’s appeal in this case, State of Hawaii v. Trump, arises from the first legal challenge to the revised executive order, which was
brought on March 7, 2017, on behalf of the State and Ismail Elshikh,
Imam of the Muslim Association of Hawaii. NAPABA filed an amicus brief
on March 12 supporting the plaintiffs’ request for a temporary restraining order. On March 15,
Judge Derrick K. Watson of the U.S. District Court for the District of
Hawaii granted the temporary restraining order, which he converted into a
preliminary injunction on March 29
to extend the block on the travel and refugee restrictions. The U.S.
district court in Maryland has also enjoined the six-country visa ban,
and the Administration’s appeal in that case is pending in the Fourth
Circuit, where NAPABA filed an amicus brief on April 19.

“Having
challenged the revised executive order from this initial lawsuit,
NAPABA is proud of the growing momentum across our national network as
we continue our advocacy in the courts,” said NAPABA President Cyndie M.
Chang. “As leaders in the legal profession and as Asian Pacific
Americans whose communities have experienced the harms of exclusionary
laws, NAPABA has an imperative to stand against this unlawful
anti-Muslim and anti-immigrant order.” 

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, with its
anti-Muslim underpinnings, violates the unambiguous prohibition on
discrimination established by Congress.

NAPABA recognizes lead pro bono counsel, James W. Kim, a NAPABA member and partner at McDermott
Will & Emery LLP, in Washington, D.C., Mr. Kim’s team (including
Andrew Genz, Philip Levine, Joshua Rogaczewski, Matthew Girgenti, and
Michael Stanek), and NAPABA Amicus Committee co-chairs, Professor Radha
Pathak of Whittier Law School and Albert Giang, a partner at Boies,
Schiller & Flexner LLP in Los Angeles, for their leadership drafting
the brief, which also involved the efforts of NAPABA staffers.

The Ninth Circuit will hear the case on May 15, 2017, in Seattle.

NAPABA’s brief was endorsed by:

  • Arizona Asian American Bar Association              
  • Asian American Bar Association of the Greater Bay Area              
  • Asian American Bar Association of Greater Chicago              
  • Asian American Bar Association of New York              
  • Asian American Bar Association of Ohio              
  • Asian American Criminal Trial Lawyers Association              
  • Asian American Lawyers Association of Massachusetts              
  • Asian Bar Association of Washington              
  • Asian Pacific American Bar Association of Central Ohio              
  • Asian Pacific American Bar Association of Los Angeles County              
  • Asian Pacific American Bar Association of Pennsylvania              
  • Asian Pacific American Bar Association of Silicon Valley              
  • Asian Pacific American Bar Association of South Florida              
  • Asian Pacific American Bar Association of Tampa Bay              
  • Asian Pacific American Bar Association of Virginia              
  • Asian Pacific American Lawyers Association of New Jersey              
  • Asian Pacific American Women Lawyers Alliance              
  • Asian/Pacific Bar Association of Sacramento              
  • Austin Asian American Bar Association              
  • Chinese American Bar Association of Greater Chicago              
  • Connecticut Asian Pacific American Bar Association              
  • Filipino American Lawyers Association of Chicago              
  • Filipino American Lawyers of San Diego              
  • Filipino Bar Association of Northern California              
  • Japanese American Bar Association              
  • Korean American Bar Association of Chicago              
  • Korean American Bar Association of Northern California              
  • Korean American Bar Association of Southern California              
  • Korean-American Bar Association for the Washington, DC Area              
  • Korean American Lawyers Association of Greater New York              
  • Michigan Asian Pacific American Bar Association              
  • Minnesota Asian Pacific American Bar Association              
  • Missouri Asian American Bar Association              
  • National Asian Pacific American Bar Association – Hawaii Chapter   
  • National Filipino American Lawyers Association              
  • Orange County Asian American Bar Association              
  • South Asian Bar Association of Chicago              
  • South Asian Bar Association of Northern California              
  • South Asian Bar Association of Southern California              
  • South Asian Bar Association of Washington              
  • Southern California Chinese Lawyers Association              
  • Tennessee Asian Pacific American Bar Association              
  • Thai American Bar Association         
    —-

Read the amicus brief here.

Read NAPABA’s amicus brief in the district court in State of Hawai‘i v. Trump.

Read NAPABA’s amicus brief the parallel Fourth Circuit case, International Refugee Assistance Project v. Trump.

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, 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

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