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

[email protected], 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 [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).

SENATOR MAZIE K. HIRONO TO BE HONORED BY THE AMERICAN BAR ASSOCIATION

From the NAPABA February 2017 Monthly Update:

The American Bar Association plans to honor Senator Mazie K. Hirono for her efforts to advance immigration reform, to improve access to legal services, and particularly to seek the elimination of discrimination.

Senator Hirono is one of four members of Congress who will receive the ABA Justice Award on Tuesday, April 25, 2017, as part of ABA Day in Washington, D.C. at the National Museum of Women in the Arts.

Senator Hirono is the only woman and the only person of color who will be receiving the ABA Justice Award this year. She was nominated by four former NAPABA presidents — Wendy Shiba, Ruthe Ashley, Paul Lee, and Amy Lin Meyerson — as well as Margaret Masunaga.

AFFILIATE GRANT PROGRAM

The NAPABA Affiliate Grant Program provides support to affiliates and national associates for projects related to membership development and pro bono activities.

Deadline | March 31, 2017

For more information about the application schedule and to apply visit the program page here.

NAPABA Upcoming Lobby Day And Leadership Workshop!

Stipend Applications | Deadline: March 22
The deadline for Lobby Day stipend applications is one month away! Stipend applications are available for NAPABA direct members traveling to Lobby Day from out of town. The stipend application can be found on the Lobby Day registration form. Not a NAPABA member? Become a member today!

Register for Lobby Day | Deadline: April 12
Join NAPABA for Lobby Day 2017, which will be held in Washington, D.C., from May 22-23. This event is an opportunity for NAPABA members from across the country to educate members of Congress and congressional staffers on issues of importance to the Asian Pacific American community. Lobby Day also give members an active role in promoting NAPABA’s mission of advocating for justice, equity, and opportunity for Asian Pacific Americans.

Participants will meet with legislators and voice their perspectives on a range of topics. Help us make this year’s Lobby Day as impactful as last year’s where over 100 NAPABA members from across the nation registered and 67 meetings were attended. For more information and to register for Lobby Day, visit our website.

Register for the Leadership Workshop | Deadline: April 12
NAPABA is proud to partner with Ascend, a national non-profit organization for Asian Pacific American business professionals, to offer lawyers — whether in-house, law firm, government, public interest, or academia — a day-long leadership training program on May 24, 2017, in Washington, D.C., following Lobby Day.

This pilot program seeks to empower mid- to senior-level NAPABA members with the leadership tools necessary to reach and succeed at the highest levels of profession. To learn more about the Leadership Workshop and to apply, click here.

Book Your Hotel for Both Events!

Book a Hotel | Deadline: April 21
NAPABA has secured a room block through Hyatt Place Washington, D.C./U.S. Capital. Whether you are attending one or both of the events above, book your hotel through NAPABA at a special rate of $239/night. Taxes and fees are applicable.

National Asian Pacific American Bar Association | 1612 K St. NW, Suite 510 | Washington, D.C. 20006 | www.napaba.org

NAPABA and SABA Condemn Anti-Immigrant Executive Orders

For Immediate Release
Jan. 26, 2017

WASHINGTON — The National Asian Pacific American Bar Association (NAPABA) and the South Asian Bar Association of North America (SABA) condemn the anti-immigrant and xenophobic Executive Orders issued yesterday by President Trump. Notably, the orders (1) revive the “Secure Communities” immigration enforcement program, which was previously criticized for promoting racial profiling by local law enforcement officials who were required to enforce federal immigration laws, (2) implement policies that may result in the deportation of tens of thousands of undocumented immigrants who pose no threat to the American people, and (3) strip federal funding from “sanctuary cities,” that protect countless immigrants and their families by refusing to prosecute residents for violations of federal immigration laws.

The policies announced yesterday encourage racial and religious profiling and almost exclusively target communities of color. There are 1.3 million undocumented Asian Pacific Americans, including those brought to the United States as children, whose families will be directly affected by these orders. In recent months, Arab, Middle Eastern, Muslim, Sikh, and South Asian Americans have been the targets of more hate incidents and violence than at any time since the immediate aftermath of Sept. 11 — with a noticeable increase in anti-immigrant bias. These Executive Orders that breed distrust of immigrants will only serve to make our communities less safe.

“Actions like the President’s executive orders have been shown in the past to discourage victims from reporting crimes to law enforcement officials because of fear of prosecution based on immigration status and threatens the years of progress we have made towards creating safer communities,” said NAPABA President Cyndie Chang. “As attorneys, we are committed to ensuring that all persons in the United States have equal access to justice and the ability to seek assistance from law enforcement without fear of reprisal or harm.”

“The President’s actions demonize and stigmatize groups of people and further the divisions in our country, while reinforcing the fear and distrust permeating our communities,” stated Vichal Kumar, president of SABA. “With the stroke of a pen, these divisive actions have caused grave uncertainty, shock and grief amongst our must vulnerable. We must continue to provide safety and security for our communities and not allow these divisive actions to further tear us part.”

These orders, along with the reportedly forthcoming executive actions to restrict immigration based on nationality and religion and to close our borders to refugees, represent a rejection of our core values as a country, which has always welcomed those who have been forced to flee their homes to escape conflict or persecution. These actions also represent a step backwards in decades-long efforts to create trust between law enforcement agencies, immigrant communities, and the broader American public — which is a critical component of public safety for all Americans.

Sanctuary policies promote positive relationships between law enforcement and immigrant communities and studies indicate they have not led to increases in crime. Local jurisdictions have enacted these policies to encourage victims and witnesses of crimes to step forward as a matter of public safety. Threatening funding for such jurisdictions may jeopardize the effective operation of our legal system and public safety for all Americans.

The orders further criminalize immigrant communities and will lead to an increase in detention and deportation. The orders expand enforcement priorities to include anyone convicted of any crime, without respect to the seriousness of the crime, and those who are not charged with a crime. Further, Secure Communities led to an increase in racial and national origin profiling by law enforcement resulting in thousands of U.S. citizens being detained.

Immigrant communities and their families contribute to our nation, regardless of origin or status. As attorneys whose families come from a wide range of immigrant and religious backgrounds, we understand that these policies will not make us safer or unite us as a country and NAPABA and SABA will continue to stand up for the rights of immigrants and religious minorities. We encourage our members and all members of the legal community to join us to stand up for the rights of our communities.

For more information, contact:

Brett Schuster
Communications Manager
NAPABA
(202) 775-9555
[email protected]

Aneesh Mehta
Vice President of Public Relations
SABA North America
(770) 316-9018
[email protected]

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 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.

SABA North America (formerly NASABA/North American South Asian Bar Association) is a voluntary bar organization and serves as an umbrella organization to 26 chapters in the United States and Canada. SABA North America is a recognized forum for professional growth and advancement for South Asian attorneys in North America and seeks to protect the rights and liberties of the South Asian community across the continent. Learn more at www.sabanorthamerica.com.

NAPABA Applauds Dismantling of NSEERS Special Registration Program

For Immediate Release
Dec. 22, 2016

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

The National Asian Pacific American Bar Association (NAPABA) applauds the announcement by the Obama Administration that the Department of Homeland Security issued a final rule in the Federal Register to rescind the National Security Entry-Exit Registration System (NSEERS), which targeted individuals from 25 largely Arab, African, Muslim, and South Asian countries and which could have served as the basis for the creation of a broader “Muslim registry.”

NAPABA is opposed to programs and proposals that seek to profile communities and create national security registries based on an individual’s actual or perceived race, religion, or ethnicity. The Asian Pacific American community directly experienced the harms of such policies during the forced incarceration of Japanese Americans during World War II and stands strongly against similar discriminatory policies that profile and target Arab, Middle Eastern, Muslim, and South Asian communities.

Originally enacted by the Bush Administration in 2002, NSEERS was deactivated by the Obama Administration in 2011, but the regulatory structure remained in place. Advocates, including NAPABA, encouraged the Administration to rescind the program and documented the negative impacts that such policies would have on Arab, Middle Eastern, Muslim, and South Asian immigrant communities.

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 approximately 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).

NAPABA Affiliate Best Practices Webinar Series: Board of Governance and Best Practices

Be a part of history! Join NAPABA for its inaugural Affiliate Best Practices Webinar | Board of Governance and Best Practices. Former NAPABA President Wendy Shiba will lead this interactive webinar, which has been presented to and well-received by various classes of the Collaborative Bar Leadership Academy.

Topics will include:

  • Board duties and expectations
  • Strategic planning
  • Building consensus

Who (target audience) | Any NAPABA or NAPALSA affiliate board member, officer, or staff
What | Board Governance and Best Practices
When | Thursday, Jan. 12, 2017, at 2 p.m. EST

Register HERE