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Plaintiffs' Motion for Preliminary Injunction Case 1:17-cv-00255-TSC Document 107 Filed 10/12/17 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PARS EQUALITY CENTER, IRANIAN Civil Action No. 1:17-cv-255 AMERICAN BAR ASSOCIATION, PUBLIC AFFAIRS ALLIANCE OF IRANIAN Hon. Tanya S. Chutkan AMERICANS, INC., et al., Plaintiffs, v. DONALD J. TRUMP et al., Defendants. PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION Plaintiffs1—individual Iranian nationals and three national Iranian-American organizations—hereby move for a preliminary injunction as set forth below and for the reasons set forth in the accompanying Memorandum of Law in Support of Plaintiffs’ Motion for Preliminary Injunction (“Memorandum”). See Fed. R. Civ. P. 65(a). Plaintiffs seek to enjoin Defendants from enforcing or implementing certain provisions of President Donald J. Trump’s September 24, 2017 Proclamation, entitled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States By Terrorists or other Public-Safety Threats.” Proclamation No. 9645, 82 Fed. Reg. 45,161 (Sept. 24, 2017). As demonstrated in the 1 This Motion for a preliminary injunction is filed, by and through undersigned counsel, on behalf of organizational Plaintiffs Pars Equality Center, Iranian American Bar Association, and Public Affairs Alliance of Iranian Americans, Inc. as well as individual Plaintiffs Shiva Hissong, Montra Yazdani, Sepideh Ghajar, Mohammad Reza Shaeri, Mohammed Jahanfar, John Doe #1, John Doe #9, John Doe #10, Jane Doe #1, Jane Doe #4, Jane Doe #13, Jane Doe #14, and Jane Doe #15. The remaining individual Plaintiffs were harmed by Defendants’ conduct and remain Plaintiffs in the above-captioned matter for purposes of seeking permanent relief. Case 1:17-cv-00255-TSC Document 107 Filed 10/12/17 Page 2 of 4 Memorandum, the Proclamation and Defendants’ enforcement of it violate the First and Fifth Amendments of the U.S. Constitution, the Immigration and Nationality Act and its implementing regulations, and the Administrative Procedure Act. Defendants should be enjoined from enforcing or implementing §§ 2 and 3(c) of the Proclamation. Pursuant to Local Rule 7(m), counsel for Plaintiffs state that they have conferred with opposing counsel regarding the filing of this motion for preliminary injunction. Defendants oppose this relief. For the foregoing reasons, Plaintiffs respectfully request that this Court grant their Motion for Preliminary Injunction. A proposed Order is attached hereto. 2 Case 1:17-cv-00255-TSC Document 107 Filed 10/12/17 Page 3 of 4 Dated: October 12, 2017 Respectfully submitted, /s/ John A. Freedman Cyrus Mehri (D.C. Bar # 420970) John A. Freedman (D.C. Bar # 453075) Joanna K. Wasik (D.C. Bar # 1027916) David P. Gersch (D.C. Bar # 367469) MEHRI & SKALET, PLLC R. Stanton Jones (D.C. Bar # 987088) 1250 Connecticut Ave., NW Nancy L. Perkins (D.C. Bar # 421574) Suite 300 Ronald A. Schechter (D.C. Bar # 245019) Washington, DC 20036 Robert N. Weiner (D.C. Bar # 298133) (202) 822-5100 Samuel M. Witten (D.C. Bar # 378008) (202) 822-4997 (fax) Sally L. Pei (D.C. Bar # 1030194) [email protected] Sonia Tabriz (D.C. Bar # 1025020) Stephen K. Wirth (D.C. Bar # 1034038) Kristen Clarke (D.C. Bar # 973885) ARNOLD & PORTER Jon Greenbaum (D.C. Bar # 489887) KAYE SCHOLER LLP LAWYERS’ COMMITTEE FOR 601 Massachusetts Ave., NW CIVIL RIGHTS UNDER LAW Washington, DC 20001 1401 New York Ave., NW (202) 942-5000 Suite 400 (202) 942-5999 (fax) Washington, DC 20005 [email protected] (202) 662-8600 (202) 783-0857 (fax) Christopher M. Odell (pro hac vice) [email protected] ARNOLD & PORTER KAYE SCHOLER LLP Hassan Zavareei (D.C. Bar # 456161) 700 Louisiana Street, Suite 1600 TYCKO & ZAVAREEI LLP Houston, TX 77002 1828 L Street, NW (713) 576-2400 Suite 1000 (713) 576-2499 (fax) Washington, DC 20036 [email protected] (202) 973-0900 (202) 973-0950 (fax) Susan S. Hu (pro hac vice) [email protected] ARNOLD & PORTER KAYE SCHOLER LLP Adrienne D. Boyd (pro hac vice) 250 West 55th Street ARNOLD & PORTER New York, NY 10019 KAYE SCHOLER LLP (212) 836-8000 Suite 4400 (303) 836-8689 (fax) 370 Seventeenth Street [email protected] Denver, CO 80202 (303) 863-1000 Counsel for Plaintiffs (303) 832-0428 (fax) [email protected] 3 Case 1:17-cv-00255-TSC Document 107 Filed 10/12/17 Page 4 of 4 CERTIFICATE OF SERVICE I, John A. Freedman, hereby certify that on October 12, 2017, the foregoing document was filed and served through the CM/ECF system. /s/ John A. Freedman John A. Freedman (D.C. Bar # 453075) ARNOLD & PORTER KAYE SCHOLER LLP 601 Massachusetts Ave., NW Washington, DC 20001 (202) 942-5000 (202) 942-5999 (fax) [email protected] Counsel for Plaintiffs 4 Case 1:17-cv-00255-TSC Document 107-1 Filed 10/12/17 Page 1 of 37 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PARS EQUALITY CENTER, IRANIAN AMERICAN BAR ASSOCIATION, PUBLIC AFFAIRS ALLIANCE OF IRANIAN AMERICANS, INC., et al., No. 17-cv-255 (TSC) Plaintiffs, Electronically Filed v. Hon. Tanya S. Chutkan DONALD J. TRUMP et al., Defendants. MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION Case 1:17-cv-00255-TSC Document 107-1 Filed 10/12/17 Page 2 of 37 TABLE OF CONTENTS Page INTRODUCTION ............................................................................................................................1 A. Critical Events Leading to the September 24 Proclamation .........................3 B. The September 24 Proclamation is the “Much Tougher” Versison of the Travel Ban the President Promised.........................................................5 C. Effects of the September 24 Proclamation on Plaintiffs...............................7 ARGUMENT..................................................................................................................................13 I. PLAINTIFFS ARE LIKELY TO SUCCEED ON THE MERITS .........................14 A. The Proclamation is “Contary to Law” Under the Administrative Procedure Act Because It Mandates Violation of the Anti- Discrimination Provisions of the Immigration and Nationalities Act ........14 B. The Proclamation Violates Equal Protection..............................................16 C. The Proclamation Violates the Establishment Clause ................................22 D. The Proclamation Violates Due Process.....................................................24 II. PLAINTIFFS WILL SUFFER IMMEDIATE, IRREPARABLE HARM ABSENT PRELIMINARY RELIEF ......................................................................26 III. THE BALANCE OF EQUITIES AND THE PUBLIC INTEREST SUPPORT PRELIMINARY RELIEF.......................................................................................28 CONCLUSION...............................................................................................................................30 i Case 1:17-cv-00255-TSC Document 107-1 Filed 10/12/17 Page 3 of 37 TABLE OF AUTHORITIES Page(s) CASES American Bioscience, Inc. v. Thompson, 269 F.3d 1077 (D.C. Cir. 2001)................................................................................................24 Arizona Dream Act Coalition v. Brewer, 818 F.3d 901 (9th Cir. 2015) ....................................................................................................38 Bonham v. D.C. Library Admin., 989 F.2d 1242 (D.C. Cir. 1993)..........................................................................................30, 31 Brown v. Board of Educ. Of Topeka, 347 U.S. 483 (1954)..................................................................................................................29 Chadha v. INS, 634 F.2d 408 (9th Cir. 1980), aff’d, 462 U.S. 919 (1983) ........................................................23 Chaplaincy of Full Gospel Churches v. England, 454 F.3d 290 (D.C. Cir. 2006)..................................................................................................34 Church of Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 (1993) (Kennedy, J., joined by Stevens, J.) ........................................................31 City of Cleburne, Tex. v. Cleburne Living Ctr., 473 U.S. 432 (1985)..................................................................................................................28 City of New Orleans v. Dukes, 427 U.S. 297 (1976)..................................................................................................................24 Fox Television Stations, Inc. v. FCC, 280 F.3d 1027 (D.C. Cir. 2002)................................................................................................24 Gordon v. Holder, 632 F.3d 722 (D.C. Cir. 2011)..................................................................................................21 Graham v. Richardson, 403 U.S. 365 (1971)............................................................................................................24, 31 Haitian Refugee Ctr. v. Civiletti, 503 F. Supp. 442 (S.D. Fla. 1980) ............................................................................................23 Harisiades v. Shaughnessy, 342 U.S. 580 (1952)..................................................................................................................24 ii Case 1:17-cv-00255-TSC Document 107-1 Filed 10/12/17 Page 4 of 37 Harris v. McRae, 448 U.S. 297 (1980)..................................................................................................................24 Hernandez v. Texas, 347 U.S. 345 (1954)..................................................................................................................17
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