Supreme Court Hears Oral Argument on Muslim Ban

Today, the Supreme Court of the United States heard oral argument in the case of Trump v. Hawaii challenging the constitutionality of Presidential Proclamation 9645, otherwise known as Muslim Ban 3.0.

Americans and impacted communities have been fighting back against Donald Trump’s Muslim Ban for over a year, and today is the culmination of our collective efforts. By June of this year, we will learn whether the Supreme Court will allow a Muslim Ban to forever be enshrined into law as a shameful American moral and ethical blunder.

Lawyers on both sides argued their positions today on three key questions presented to the Court: First, whether the President’s travel ban is justiciable. In order for a case to be justiciable, there is a requirement that there be some existing controversy between the parties, that the case be neither premature or a case where the threat of injury has been removed, and that the case does not ask the court to make a determination of a political question. The Supreme Court also heard argument about whether the travel ban violates the Establishment Clause of the First Amendment to the U.S. Constitution.

The Solicitor general, Noel Francisco, arguing on behalf of the government relied heavily on the argument that there was a wide, multi-agency, international review conducted to determine which countries would be designated under the travel ban for failing to meet a baseline of information sharing, and added that the vast majority of Muslim countries were excluded from the ban. Justice Sotomayor pushed back early and asked if the government could represent that no other country that failed to meet the cooperation test was excluded from the travel restrictions. The government responded that Somalia and Iraq were excluded under the “tailored nature” of the ban, also making reference to Chad being taken off of the list of banned countries.

Justice Kagan joined in with a hypothetical of an “out-of-the-box kind of president” posed to the government: suppose a president is elected after a vehemently anti-semitic campaign where the candidate regularly disparaged Jews. The president then asked his staff to issue recommendations for security and what emerged was a travel ban on Israeli’s. The government responded that it was a tough hypothetical and he was not sure that this type of ban would survive rational basis scrutiny because of Israel being a close ally. Justice Kagan went on to say that this hypothetical, bearing a strong resemblance to President Trump, would not be about what is in the president’s heart, rather what the reasonable observer of the president’s conduct would think.

Justice Sotomayor pressed the government hard on the Kagan hypothetical questioning why the actions of the committee charged with finding a way to keep Jews out should not be subject to great suspicion and thorough review given that the committee is responsible to the president and they have been told what the outcome of their responsibility must be. Justice Sotomayor also eluded to the worldwide review report that served as the basis for the Presidential Proclamation and how it has been kept confidential and not been shared with either the litigants or the courts.

Justice Kennedy followed up on the hypothetical asking the government whether challengers, under that scenario, could bring claims under the Free Speech or Free Exercise Clauses, which the government conceded that they could.

The questioning later shifted to Trump’s campaign statements. The government asserted that the Presidential Proclamation is “very transparent” and that statements made by candidate Trump are “out of bounds” for consideration by the court. The government’s reasoning is that the taking of the oath as president marks a “fundamental transformation” from private citizen to public servant.

Justice Kennedy, widely considered a crucial swing vote, gave the government another hypothetical in which a candidate for mayor repeatedly made hateful statements, and took actions consistent with those statements once taking office. Justice Kennedy asks if those statements are irrelevant. The government again responds arguing that the actions taken by Trump are not a Muslim ban because the travel ban does not apply to the majority of the Muslim world and it was based on neutral criteria.

Justice Breyer shifted the questioning to the case-by-case waiver process and expressed skepticism that the number of individuals that have received waivers is enough to overcome the “real problem” of not having a good waiver process in place.

Neal Katyal argued next on behalf of Hawaii and began by saying that Congress has decided to reject nationality based bans before, opting to use a “carrot and stick” approach to reward countries that comply with requirements by fast-tracking entry. Katyal argued that in fact, the government has only identified a single problem, which is not individualized vetting but rather certain countries not cooperating.

Justice Alito questioned Katyal on the president’s authority under the current federal immigration law to exclude any alien or class of aliens whose presence would be deemed detrimental to the United States. Alito also asked if this Proclamation actually does anything to establish a new perpetual immigration policy for the United States. Katyal responded that this Proclamation is a perpetual, indefinite, open-ended ban with no sunset provision.

Justice Kennedy interjected saying that re-examination by the administration every 180 days in the form of a report submitted to the White House indicates a reassessment, adding “you want the President to say ‘I’m convinced in 6 months we are going to have a safe country?’” Justice Kennedy also quotes statutory language indicating he believes the president has broad latitude and authority in immigration policy.

Testing the outer limits of Katyal’s Establishment Clause theory, Justice Roberts posed another hypothetical: if the president’s advisors recommended an airstrike on Syria, would that violate the Establishment Clause because Syria is a Muslim-majority country and, therefore, anti-Muslim discrimination? Katyal pushed back arguing that this Proclamation was not introduced in the context of a pressing national security emergency like the hypothetical. In addition, Katyal stressed that the Establishment Clause is not at the heart of Hawaii’s position, but rather the flouting of Congressional authority in the context of immigration law. Arguing this point, Katyal said that if there are no limits to the president’s ability to prohibit the entry of any class of aliens, he could potentially ban software engineers from entering so as to protect the technology sector. Katyal argued that generally, the president can supplement congressional policy, but cannot completely supplant it.

Chief Justice Roberts also returned to the political rhetoric of the president from the campaign, promising a “total and complete shutdown of Muslims entering the United States.” Katyal argued that if President Trump had repudiated his campaign remarks, the Establishment Clause arguments would not exist, but the president has not repudiated; he has doubled down by complaining about his administration drafting a “watered down, politically correct version” to cure legal deficiencies, and retweeted anti-Muslim videos with captions like “Muslim migrant beats up Dutch boy on crutches!” and “Muslim Destroys a Statue of Virgin Mary!’

Justice Alito questioned how a reasonable observer could conclude that this was a Muslim Ban when only 8% of the world’s Muslims are impacted. Katyal rebuts by arguing that the point of focus should not be the 8% of the world’s Muslims, but the fact that 98% of the people affected are Muslim, or what he referred to as “religious gerrymandering.”

It becomes clear towards the end of the hearing that the Supreme Court’s decision may turn on whether it believes that the exceptions to the travel ban are substantive exceptions allowing individuals admission into the U.S., or whether they are merely “window dressing” for a broader categorical ban much different than those imposed by Presidents Carter and Reagan. Along these lines, Katyal directed the court’s attention to the case of a 10-year-old Yemeni girl with cerebral palsy who was denied medical entry into the United States. Justice Sotomayor questioned Mr. Francisco about the girl to which he responded that he was was not familiar with the case

Interestingly, the government revealed that to date, 430 exceptions (or case-by-case waivers) have been granted, though he stopped short of saying how many have been requested or rejected. Mr. Francisco also revealed that consular officers automatically check visa applications to see if they qualify for an exception/waiver. This is in direct contrast to what NIAC has heard from visa applicants who have received form letters and categorical denials of visas without being considered for waivers.

The Supreme Court will likely issue its decision by the end of June. In any event, other components of the broader Muslim Ban policy will remain no matter what the court decides. NIAC will continue to fight back against ‘extreme vetting’ and the sham waiver process in court, and on the Hill. Congress must immediately put an end to its shameful side-stepping and finally fulfill its duty to fully repeal this hateful and bigoted ban.

NIAC and the Coalition’s Fight Against the Muslim Ban

Today, after a more than a year of fighting back against the Muslim Ban, our community finally got our day in the highest court in the United States, which will decide whether a Muslim Ban will become the official immigration policy of our country.

As you recall, in one of President Trump’s first acts as president, he attempted his first Muslim Ban on January 27, 2017. On March 6, 2017, it was replaced with another executive order after successive losses in court. The embattled second Muslim Ban was again replaced with a third attempt, which also included an obscure and highly subjective case-by-case waiver process. The National Iranian American Council (NIAC) challenged every version of this unprecedented and unconstitutional ban in court.

But the Trump Administration did not stop there. As litigation was running its course as to the executive orders and proclamation, the Administration was busy looking for alternative means to accomplish the stated goal of a “total and complete shutdown of Muslims entering the United States.”

In May, NIAC was alarmed to learn of a new ‘extreme vetting’ policy proposal put forth by the Department of State which granted sweeping authority to consular officers to deny visas to applicants from the same Muslim-majority countries designated by the Muslim Ban. In response to this obscure and secretive new policy, NIAC sent a Freedom of Information Act (FOIA) request to the State Department requesting they produce documents related to ‘extreme vetting’ so that we could evaluate whether this administrative measure was being used as a “backdoor Muslim Ban.”

The State Department never produced the requested documents, so last week, NIAC sued.

In addition to court challenges, we made our voices heard in the halls of Congress. We told members of Congress about the stories we heard from the Iranian-American community of families being torn apart, patients not receiving life-saving medical treatment, and the world’s brightest students and researchers being stuck in a constant state of uncertainty. We told them about the drastic drop in visas issued to Muslim-majority countries by the Administration.

But more significantly, NIAC shared with Congress how the obscure case-by-case waiver process – which grants unrestricted discretion to consular officers with no set guidelines, policies, procedures or criteria on how to evaluate visa applicants – is being utilized to issue mass denials to visa applicants from Muslim-majority countries. Data produced in response to a congressional inquiry revealed that only two waivers had been issued, with this figure later being adjusted, without verifiable date, to 450 waivers.

For the past several months, NIAC has been voicing the concerns of the Iranian-American community on Capitol Hill and circulating a draft of reporting requirement legislation which we produced that, if enacted into law, would impose a requirement on the Trump Administration to lift the veil of secrecy surrounding the waiver process, extreme vetting, and the broader Muslim Ban policy and how they are all being implemented.

Irrespective of how the Supreme Court decides the Muslim Ban case later this year, Congress must step up and fulfill their duty as a co-equal branch of government and fully repeal the Muslim Ban and all of its various components.

The Washington Post: For Muslims, Supreme Court’s ruling on entry ban will be statement of America’s values

Don’t Let Muslim Travel Ban Join List of America’s Moral Failures

I could hear my heart pounding out of my chest as I stood in front of my first-grade classroom. A few weeks earlier, our teacher assigned us to bring a traditional dish from our culture to share with the class — an exercise that I now realize was meant to foster tolerance and understanding of different cultures in my predominantly white school.

“This is,” my voice trembled, “mast-o-kheyar.” It is a dish made of plain yogurt mixed with dried herbs and diced cucumber that Iranians traditionally eat as a side dish. The deafening silence was suddenly pierced with a loud shriek of “Eww! This tastes so gross!” More classmates joined in, as kids that age normally do, and eventually the entire class was rushing to the classroom sink to wash the taste out of their mouths. I could see our teacher out of the corner of my eye, laughing and smiling along with the rest of my class.

That was just one example of the many times I felt I did not belong, growing up in suburban America. These experiences were seeds planted during my childhood, and were slowly nurtured into a lifelong pursuit of equality and justice. I eventually attended Florida A&M University College of Law and served on the legal team representing Trayvon Martin’s family, doing my small part to rally in defense of black lives.

In 2014, I ran for Congress in an effort to represent all the people of Florida’s 10th Congressional District, especially those who felt left out and left behind. Back in that elementary school classroom, I would have never in a million years guessed the turns my life would take.

I am now looking forward to another major life event, one that should be joyous but is stirring those old feelings of dread and rejection. I will be getting married this September, and my aunts, uncles and cousins in Iran won’t be able to come to my wedding because President Trump has banned them.

As devastating as this is, the consequences of the ban have been far worse for others. We have left refugees stranded overseas with no place to turn. Mothers have been separated from their sick children. Grandparents are unable to meet their grandchildren. And why? Because Trump wants to keep people out because of how they choose to pray and where they come from.

The administration was forced to change the ban twice following legal pressure, and now the Supreme Court will consider the legality of the third iteration, which places restrictions on travelers from seven countries, five of them predominantly Muslim. They are Iran, Libya, Syria, Yemen, Somalia, North Korea and Venezuela. (An eighth, Chad, was recently dropped from the list.) Many of us will be watching the oral arguments in suspense, fearful that the land’s highest court will enshrine a policy that treats the families of certain Americans differently because of their national origin or religion.

The product of a diverse America is that Americans have very different life experiences and truths. But beneath the differences in skin color, nationality or religion, we all want the same thing: to feel welcome, to be treated equally, and to feel like we belong as Americans.

Celebrating our differences is what makes America great; the exploitation of our differences has always revealed the worst in humanity and led to bombs, barriers and bans.

The long list of moral failures in American history — the genocide of Native Americans, slavery and segregation, to name a few — have primarily been motivated by the exploitation of our differences. Indeed, Donald Trump won the presidency by appealing to the worst instincts of humans: to fear and view one another with suspicion; to see our fellow human beings as unequal and undeserving of dignity and respect.

We, as a country, have traveled down this road of self-destruction before and have seen the devastating consequences. True patriots stand for religious freedom for all in an inclusive, tolerant America.

I am holding out hope that I will walk down the aisle this fall and see my uncles, aunts and cousins in the crowd, wiping away their tears and holding up their phones to snap photos of my new wife and me. I still believe America is better than a Muslim ban, and maybe we will get this one right, even if it requires a favorable Supreme Court decision first.

Originally published in the Orlando Sentinel

NIAC Sues Trump Administration for Failing to Provide Information on Backdoor Muslim Ban

Washington, D.C. – Early this morning, the National Iranian American Council filed National Iranian American Council v. United States Department of State to compel the Trump Administration to turn over requested documents which would provide vital information about how the ‘extreme vetting’ policy is being implemented, how information is being gathered through the DS-5535 form, and the impact that this policy is having on Iranian nationals, as well as nationals from the five other designated predominantly-Muslim countries.

“NIAC fully intends on getting to the truth of how ‘extreme vetting’ is being interpreted, implemented, and enforced,” Shayan Modarres, NIAC legal counsel said. “If the records obtained confirm that the Trump administration is indeed imposing a backdoor Muslim ban through administrative measures imposing an administrative Muslim ban through ‘extreme vetting’ and DS-5535 forms, NIAC will pursue all available legal remedies to protect the Iranian-American and other impacted communities.”

Last June, NIAC sent its Freedom of Information Act (FOIA) request to the State Department seeking a variety of relevant documents which could confirm suspicions – and available data – that the Trump Administration is using ‘extreme vetting’ to deny visa requests on constitutionally impermissible grounds.

Data seems to show that President Donald Trump has found a backdoor to fulfilling his campaign promise of banning Muslims from entering the United States. Prior to unveiling Muslim Ban 3.0, President Trump tweeted in June about his desire to abandon the “watered down” revised Muslim ban and return back to the original, more discriminatory and unconstitutional, Muslim ban. Trump then noted that despite the court orders, the administration is pursuing ‘extreme vetting.’

“As the Supreme Court prepares to consider whether Trump’s Muslim ban can move forward, we also must be fighting against the backdoor ban policies like ‘extreme vetting’ and any other, discriminatory and constitutionally offensive policies,” said Modarres. “We look forward to our day in court to compel the production of these critically important documents.”

  • Read a copy of our complaint by clicking here
  • Read a copy of our FOIA request by clicking here

Vice News: The Nightmare of Trying to Get Around Trump’s Latest Travel Ban

Stories & Insight One Year into Trump’s Muslim Ban

 

FOR IMMEDIATE RELEASE
Contact: Jamal Abdi
Phone: (206) 369-2069
Email: Jamal@niacaction.org

January 27, 2018, marks the one-year anniversary of Donald Trump’s Muslim Ban that remains in place today. The Iranian-American community has been particularly impacted by this ban, with 62% of the non-immigrant visas typically issued to countries on Trump’s list going to Iranians.

The next week is an excellent opportunity to evaluate the continued impact of the ban and the prospects for overturning it when it comes before the Supreme Court this spring or at the ballot box during the Congressional mid-term elections in November. NIAC Action legal, legislative, and community experts are available for comment.

We have included key resources below including stories of those impacted by the ban, an overview of how the ban has been implemented and details on efforts to overturn the ban:

Stories from Iranian Americans on the Continued Impact of the Ban:

“My wife is finally pregnant after 8 years. My mother in law couldn’t wait to see her grandchild, but with Muslim ban 3.0, she has no chance.”

    -Mahdi
 

“I sit in my lab at university everyday, thinking why my mom and I are being punished for the crimes we’ve never committed?! In what world anyone has the right to separate a daughter from her mom for 5 years?”

    -Sara
 

“I can’t hold back my tears when I’m asked by colleagues: “what are you doing for the holidays?” I can’t travel back home because I won’t be able to come back to the U.S. due to the new travel ban. On top of that, my parents whom I have not seen for 3 years, cannot obtain a visa to come visit me. This separation is unnecessary and unfair.”

    -Maral

I lost my father, the only family I had after losing both my mother and only young brother to cancer. My father died of a broken heart, after 16 months of waiting for a visa, he had given up hope that we were ever going to be together again.

I strongly believe my rights were violated not only in the first place when my father went to the U.S. Embassy, but also over and over again during this last 16 months until he died. 

My father died from disappointment and depression. I clearly stated my situation and the hardship we went through in my letters to Congressman, the White House, the U.S. Department of State and the U.S. Embassy. I also clearly stated my frustration at the neglecting of my father’s case with them, but they did nothing to help us. I strongly believe that they are responsible for all the hardships and grief my father went through, and also his death. I strongly believe my basic right to have my father in my home was subjected to political matter, hatred and discrimination. I don’t doubt that there are many others whose hopes have been dashed by what I perceive to be an uncaring, unfeeling bureaucracy.

-Mania
 

“My 73 year old dad is suffering from heart disease, stares at my 3 year old son with a mixture of enthusiasm and sorrow. While he tries to take a look at my son through my cell phone camera, I cry deep inside and curse myself for having to leave them for hope of a better life for my kids living in freedom. My parents may live and die without having their children and grandkids around. This is the price I am paying to be in land of freedom and opportunity.”

    -Sanaz
 

“My husband is Iranian, and is now a U.S. citizen. I was born and raised in America, and I’m a current military service member. We are recently married, and we had a destination wedding in Mexico due to the Muslim Ban. We knew there was no way my husband’s entire family would get tourist visas approved to come to our wedding in America, so we decided on a wedding in Mexico. The Mexican embassy in Tehran was great to work with. They were prompt, friendly, and fair. Now that we are back home in the States, it breaks my heart that I do not know when I will see half of my family again. What if we have kids? Since we are recently married, this is something we have been talking about a lot. Do we want to bring children into the world that may never know one set of their grandparents due to our president and administration being racist? Who will help us with childcare and life in general, as many grandparents do? As an Airman, I fight for the rights of everyone in this country. The fact that our president is taking them away everyday because of his misinformed, racist agenda breaks my heart. Will I ever see my sister again? Or brother? How has Congress let him get away with this time and time again?”

– Jennifer

The Legal Implications of the Ban:

The National Iranian American Council has been involved in two lawsuits to defeat all three versions of Trump’s ban. There was little doubt then that Trump’s Order “drips with religious intolerance, animus and discrimination,” and there remains little doubt a year later:

  • While Trump’s lawyers have not yet won on the merits, the fact that the ban has been allowed to go into force means that impacted communities cannot rely on the Supreme Court alone to strike down the ban.
  • Dating back for over 40 years, no national from the targeted countries has ever killed anyone in a terrorist attack on U.S. soil;
     
  • The Department of Homeland Security’s Office of Intelligence and Analysis has confirmed that nationality is a poor predictor of terror threat;
     
  • The criteria used to justify the new proclamation were applied arbitrarily, not in an objective manner as the Trump administration has asserted;
     
  • The ban will impact more Iranians and Iranian Americans than any other group on the restricted countries list. National Iranian American Council’s analysis predicts that Muslim Ban 3.0 will disproportionately impact Iranians with 62% of those potentially impacted being Iranian nationals, according to 2016 State Department data;
     
  • Even when the Muslim ban has not been in effect, it has applied “Extreme Vetting” measures that have resulted in a dramatic decline in visa issuance to the targeted Muslim-majority countries.

 
Legislative and Political Efforts to Overturn the Ban:

Muslim Ban Plaintiffs Statement in Advance of IAAB v. Trump Hearing

FOR IMMEDIATE RELEASE / LINK
December 8, 2017
Contact: Shayan Modarres
Phone: (407) 408-0494
Email: smodarres@niacouncil.org

Muslim Ban Plaintiffs Statement in Advance of IAAB v. Trump Hearing
Our Resolve Has Never Been Greater

Washington, D.C – Today, the 4th U.S. Circuit Court of Appeals in Richmond, Va. will hear arguments in three related legal challenges, including Iranian Alliances Across Borders (IAAB) v. Trump, to the Trump administration’s latest version of its Muslim ban. The hearing comes after the Supreme Court allowed the ban to go into full effect while these suits and another in the 9th U.S. Circuit Court of Appeals are under consideration.

IAAB v. Trump was the first major lawsuit brought against President Trump’s Muslim Ban 3.0. The plaintiffs in this action are Iranian Alliances Across Borders, an Iranian-American diaspora community organization, and six individual plaintiffs, all of whom are United States citizens or lawful permanent residents with Iranian relatives or spouses who will be blocked from coming to the United States.  The plaintiffs in IAAB v. Trump are represented by Muslim Advocates, Americans United for Separation of Church and State, and Covington & Burling LLP and in consultation with the National Iranian American Council (NIAC).  

According to Shayan Modarres, legal counsel for the National Iranian American Council: “We are before the court today asking for clarity – clarity following three versions of a Muslim ban that now affects more than 150 million people, and various court decisions that have torn apart and obscured the status of families. We are also asking the court for moral clarity. A Muslim ban and the U.S. Constitution simply cannot co-exist. A Muslim ban betrays bedrock American principles, and it cannot be allowed to define who we are as a nation. We are optimistic that the Fourth Circuit will share our view that this Muslim ban remains as unconstitutional as the first two versions.”

According to Johnathan Smith, legal director of Muslim Advocates: “Following the Supreme Court’s deeply unfortunate decision to temporarily reinstate the third Muslim ban, the stakes in this case are painfully clear. This court will decide if families will be torn apart and if our country will abandon fundamental values of fairness and equal treatment. For the past year, the federal courts have served as the backbone of our Constitution and ruled on the right side of history. We remain optimistic that the Fourth Circuit will do the same.”

According to Mana Kharrazi, executive director of Iranian Alliances Across Borders: “Under the Muslim ban, IAABers have encountered discrimination and bigotry in our schools and in our neighborhoods. But, when faced with hate, we stand strong. We will not be silenced. We will not be invisible. We will continue to persevere and to defend our community.”

According to Richard B. Katskee, legal director of Americans United: “As long as the Muslim ban remains in place, our country is cruelly separating families and signaling to Muslims that they are second-class citizens unworthy of equal treatment under law. Religious freedom is about fairness and equality for people of all faiths. There is nothing fair or equal about banning Muslims from the United States. We urge the court to once again strike down President Trump’s unconstitutional, un-American Muslim ban.”

The National Iranian American Council is a nonpartisan, nonprofit organization dedicated to strengthening the voice of Iranian Americans and promoting greater understanding between the American and Iranian people.
Muslim Advocates is a national legal advocacy and educational organization that works on the frontlines of civil rights to guarantee freedom and justice for Americans of all faiths.

Iranian Alliances Across Borders is a 501(c)(3) non-profit, non-partisan organization founded in 2003. IAAB addresses issues of the Iranian diaspora by facilitating community building, developing ways to better understand what it means to be part of a diaspora community, and empowering members of the Iranian diaspora community to enhance connections with their new communities as well as maintain connections with their root community.

Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.

###

Coalition Briefing on Capitol Hill Examines Muslim Ban

Washington, D.C. – “National security is not a ‘talismanic incantation’ that, once invoked, can support any and all exercise of executive power,” argued Avideh Moussavian at a briefing held on Capitol Hill last week regarding the future implications of the Muslim Ban.

In an effort to bring public interest back to the Muslim Ban arena, NIAC teamed up with a number of organizations in co-hosting the briefing, including the American Civil Liberties Union, Council on American Islamic Relations, the American-Arab Anti-Discrimination Committee, and the National Immigration Law Center. The event focused on Trump’s Muslim ban as well as broader policies aimed at reducing immigration from Muslim-majority nations. The discussion took place just days before the Supreme Court allowed the ban to go back into effect pending an appeals process, which marked a setback but is far from a final decision.

The panelists, including Abrar Omeish, a Libyan-American graduate student directly impacted by the Muslim ban, Avideh Moussavian, Senior Policy Attorney at the National Immigration Law Center, Abed Ayoub, Legal and Policy Director at the American-Arab Anti-Discrimination Committee, and Nana Brantuo, Policy Manager at the Black Alliance for Just Immigration, sought to clarify aspects of the newest travel ban as well as address possible future implications should it be allowed to persist.

Rep. Judy Chu (D-CA) opened the briefing and discussed her legislation, H.R. 4271, which would prohibit the use of funds to implement Trump’s Muslim Ban. “We know that President Trump’s Muslim Ban has nothing to do with national security, and everything to do with instilling fear of the Muslim community,” she said. To emphasize her point that this ban is no different than the two preceding it, a host of panelists discussed the legal implications and aspects of the ban.

Moussavian and Ayoub both discussed how these bans are actually not making our country safer and have in fact had a detrimental effect on our national security, citing Muslim-targeted vetting questions and social media profiling as examples where both foreign nationals and U.S. citizens were getting caught in the crossfire. Ayoub stated how the ban is not only affecting those from countries listed on the injunction, but countries that have a majority Muslim population that are not listed on the ban, such as Pakistan. Moussavian also highlighted how the latest iteration of the ban was merely a repeat of those preceding it, with only minor “cosmetic” changes being made to give it the illusion of not solely targeting Muslims.

Overall, the sentiments about the latest Muslim Ban are consistent with what has been repeated thus far: this ban is unconstitutional, it is unjust, and it is illegal.

FAQ on Recent Supreme Court Decision on Muslim Ban 3

What Does Yesterday’s Supreme Court Decision Mean?

The Supreme Court issued a stay of the injunctions in the 9th Circuit and the 4th Circuit. What that means is that they have halted, or vacated, the lower courts’ blocks on the ban – or in other words, the Trump administration may temporarily enforce Muslim Ban 3.0. The Supreme Court did NOT make a determination on the merits of the cases or the constitutionality of the Muslim ban, so this is NOT a “final decision.” The case will still be heard in the 9th Circuit Court of Appeals on December 6th, our case will still be heard by the 4th Circuit in Richmond on December 8th, and there will be a decision by the two Courts of Appeal. If we get favorable decisions, the government may then appeal to the Supreme Court to make a final determination about the constitutionality of Muslim Ban 3.0.

My Family Member Has a Visa and is Scheduled to Travel to the U.S. How Will This Impact Them?

If your family member has a valid visa that has already been issued to them, that visa will not be revoked under Muslim Ban 3.0. However, it is important to note that a valid visa does not guarantee them entry. We fully expect that valid visa holders will be permitted to enter absent some other circumstances, but a risk of being blocked from entry does exist. Note, if you have been approved for a visa but are not in physical possession of it, your visa may now be rejected under the implementation of Muslim Ban 3.0.

It is a good idea to advise your family member to keep a phone nearby and to call you if they are facing any difficulties with entry into the United States. In the event that your family member has a valid visa and is detained or turned back at the airport, we urge you to contact NIAC immediately and notify us. Remember, if you or your family member has a green card or is a U.S. citizen, Muslim Ban 3.0 DOES NOT affect green card holders and U.S. citizens. If you are a dual national of Iran and another country, you will still be constrained by the HR158 Visa Waiver law which requires you to have a valid visa to enter the United States.

*** It is critically important to know your rights at the airport. For further information please consult this advisory: Know Your Rights at the Airport and the Border

Who is Currently Banned?

Unless you are applying for an F, M, or J visa as a student or visitor exchange, all visas (both immigrant and non-immigrant) are suspended indefinitely.

If you are covered by the ban while it is in effect, you may be able to apply for a hardship waiver under Muslim Ban 3.0 at the time of the visa interview. There is no set form or process for applying for case-by-case waivers, but generally, you could provide a letter to the consular official outlining:
1) Why denying entry into the U.S. would cause an undue hardship
2) That entry would not pose a national security threat or threat to public safety
3) Entry would be in the national interest of the United States
Muslim Ban 3.0 could be blocked again, so it is critical to continue checking NIAC’s website and communications for the latest updates on our case before the 4th Circuit, and for updates on the current status of the Muslim Ban as a whole.

Do I Still Need to Prove a Bona Fide Relationship?

The ‘bona fide relationship’ standard does not apply after the initial October 18 deadline under Muslim Ban 3.0. All immigrant and non-immigrant visas to Iranian nationals are suspended with the exception of F, M and J visas, and case-by-case waivers granted by consular officers.

How Long Will the Ban be in Effect under the SCOTUS Order?

Under its terms, the Supreme Court’s Order will terminate once a Court of Appeals strikes down Muslim Ban 3.0 and it is appealed to the Supreme Court. Whether or not the Supreme Court agrees to hear the case, yesterday’s Order allowing the Trump administration to enforce Muslim Ban 3.0 will terminate automatically. If the Courts do not side with the Plaintiffs, then the Court of Appeals decisions upholding the Muslim ban will control until the Plaintiffs appeal to the Supreme Court.

In short, the Muslim Ban will not disappear this year or next year, and we will need to continue fighting back against all aspects of this overarching policy objective of this administration: to ban Muslims, and by and large, Iranians. It remains unclear whether the Supreme Court will agree to hear the case in the event plaintiffs are victorious in the Court of Appeal, or if they will allow the decisions of the Courts of Appeal to stand without intervention.

How Can I Help Defeat This Discriminatory Ban?

Tell Congress to stop Trump’s Muslim ban by clicking here and taking action today.

The Iranian: ‘Muslim Travel Ban’: Reactions To The Supreme Court Ruling

NIAC Frustrated with Muslim Ban Being Allowed Back into Effect

FOR IMMEDIATE RELEASE
Contact: Shayan Modarres
Email: smodarres@niacouncil.org
Phone: (407) 408-0494

Washington, D.C. – The National Iranian American Council (“NIAC”) issued the following statement on the heels of a decision by the Supreme Court of the United States moments ago to lift injunctions in the Fourth and Ninth Circuits, allowing the Trump administration to implement the embattled third version of the president’s Muslim ban pending appeals:

“We are deeply frustrated with the Supreme Court decision today allowing the third version of the Muslim ban to go back into effect. While we understand this is not a decision on the merits, every month since the inception of the Muslim ban in January, members of the Iranian-American community and other affected communities have remained in legal limbo and have been forced to ride an exhausting emotional roller coaster that has kept families apart. There have been brief windows of opportunity for the affected communities to apply for visas on behalf of their spouses, fiancés, grandmothers and grandfathers and other close family to join them in the United States, only to have that window shut just as quickly.

“The unintended consequences of varying court decisions may unfortunately be shared with the original intent of the Muslim ban: to discourage Muslims and Iranian Americans from traveling to the United States. Iranians, who have been told to quickly apply for visas and pay related fees while the Muslim ban was enjoined by the Fourth and Ninth Circuits, now have to relive the painful reality that they are unwanted in America – that they are viewed as inherently dangerous and, potentially in the future, would be viewed as second class citizens. NIAC cannot in good conscience continue to advise members of our community that their family members should continue paying visa fees and submitting applications for visas while the risk of being banned still exists.

“Our recommendation to Iranian-Americans whose family members might be seeking visas is to not apply for visas until a Supreme Court decision is made on the merits. Be advised, even if individuals are in possession of a valid visa that is not an M, F, or J visa, they may still be blocked from entering the United States.

“Iranians should be aware that they may not be allowed to enter the U.S. as a result of this decision, even if they travel on a valid U.S. visa.

“Days from now, oral arguments will be heard in the respective appellate courts. We remain optimistic that the judges in the Fourth and Ninth Circuit Courts of Appeal will agree that the third version of the Muslim ban suffers from the same unconstitutional taint as the president’s first two attempts.”

###