When campaigning for president, Donald Trump called for a ban on Muslims entering the United States. In January 2017, one week after his inauguration, President Trump banned travel for immigrants from seven Muslim-majority countries and halted the refugee resettlement program.
His executive order was almost immediately halted by federal courts in lawsuits filed across the country, including by Judge Victoria Roberts in Detroit who enjoined portions of the executive order that prevented lawful permanent residents from the barred countries from returning to the United States. The ACLU of Michigan, together with the Arab American Civil Rights League (ACRL), challenged the order on behalf of individuals whose families were separated due to the ban and on behalf of organizations whose work was impaired and members harmed, including ACRL, ACLU, the American Arab Chamber of Commerce, the Arab American and Chaldean Council, and the Arab American Studies Association.
The litigation in Michigan initially focused on the Trump administration’s refusal to turn over key documents that the ACLU sought in discovery, with the administration claiming that the federal court was powerless to order production of presidential papers. In June 2017, before that issue could be decided, Judge Roberts stayed the case pending a decision on the constitutionality of the ban by the U.S. Supreme Court in other cases challenging the ban.
In June 2018, the Supreme Court ruled that the lower courts erred in granting a preliminary injunction against the ban because they applied the wrong legal standard. We plan to amend our the complaint in the Michigan case and proceed under the standard set by the Supreme Court.
(Arab American Civil Rights League v. Trump; ACLU Attorneys Miriam Aukerman, Dan Korobkin, and Michael J. Steinberg; Cooperating Attorneys Jason Raofield and Nishchay Maskay of Covington & Burling and Margo Schlanger and Samuel Bagenstos of U-M Law School; co-counsel Nabih Ayad, Rula Aoun, Kassem Dakhlallah, Mona Fadlallah, Ali Hammoud, and Natalie Qandah.)