Rapid Response Updates

Successes from the #NoMuslimBanEver National Week of Resistance

The #NoMuslimBanEver National Week of Resistance was successful, and we’re grateful to everyone who participated. The week coincided with oral arguments in the Muslim Ban litigation in the 4th and 9th Circuits.  More than 45 national and local groups participated in the #NoMuslimBanEver campaign, there was strong turnout at the #NoMuslimBanEver rallies in Richmond, VA and Seattle, Washington, and the hashtag #NoMuslimBanEver trended during our 5/9 Twitter Town hall.

Oral arguments in the 9th Circuit (Seattle, WA)

On May 15, a three-judge panel in the 9th Circuit heard oral arguments in the case Hawaii v. Trump. Judges Michael Hawkins, Ronald Gould and Richard Paez reviewed District Judge Derrick Watson’s nationwide preliminary injunction blocking President Trump’s revised Muslim Ban and refugee ban.

Acting Solicitor General Jeffrey Wall, arguing on behalf of the Trump administration, suggested that Supreme Court precedent should deter judges from second guessing “national security determinations that they’re sort of ill-equipped to do.” Judge Paez asked, “Would the Korematsu executive order pass muster under your argument?” and continued, “There was no reference to the Japanese in that executive order but look what happened.”

Wall also asked the judges not to begin a “wide ranging inquiry into subjective motivation” including Trump’s previous comments on Muslims because “the (executive) order on its face doesn’t have anything to do with religion and in operation doesn’t distinguish on the basis of religion.” Neal Katyal, a former Obama administration solicitor general representing the state of Hawaii, countered that Trump had never disavowed his previous comments and until the week prior had a press release on his campaign site calling for a “complete shutdown of Muslims.” Katyal noted that the executive order was rooted in discrimination and emphasized that “if you rule for him, you defer to the President in a way that history teaches us is very dangerous.” (CNNThe Guardian)

Our Twitter Town Hall on Islamophobia and Immigrants was held that same day and anchored by Avideh Moussavian (NILC), Ben Ndugga-Kabuye (BAJI), Lindsay Schubiner (Center for New Community), Patrice Lawrence (UndocuBlack) and Deepa Iyer (Center for Social Inclusion). The discussion explored the intersection of Islamophobia, anti-immigrant prejudice and anti-black racism.

Oral arguments in the 4th Circuit (Richmond, VA)

On May 8, an en-banc panel in the 4th Circuit reviewed the decision of Maryland District Court Judge Theodore Chuang, who held that the Muslim ban was likely unconstitutional and concluded that “the history of public statements [by President Trump] continues to provide a convincing case that the purpose of the second executive order remains the realization of the long-envisioned Muslim ban.” Judge Chuang blocked the Muslim Ban, but left intact the refugee ban.

Jeffrey Wall argued that the revised ban incorporated the concerns raised by judges in the Muslim Ban 1.0 litigation and noted that Trump “made it clear he was not talking about Muslims all over the world, that’s why it’s not a Muslim ban.” Omar C. Jadwat, a lawyer with the ACLU representing people and groups challenging the order, stated that the ban does not serve a valid national security rationale. He noted that the targeted countries are “not the list of countries you come up with” when determining those that pose the biggest threats to the U.S. (CNNThe Atlantic)

Our Twitter Town Hall on the Muslim/Refugee Ban was held the following day and anchored by Abed Ayoub (ADC), Asha Noor (CAIR-MI), Naureen Shah (Amnesty International) and Deepa Iyer (Center for Social Inclusion). The discussion explored the litigation, those impacted by the Muslim Ban and refugee ban, and local and national resistance efforts.

What’s next

If Trump loses in either the Fourth or Ninth Circuits, he would be unable to lawfully enforce the Executive Order and would have to appeal to the U.S. Supreme Court.

According to Steve Vladeck, a CNN legal analyst and professor of law at the University of Texas School of Law, the real question will be “whether the two courts come out the same way. This issue may be bound for the Supreme Court no matter what, but it will certainly be heard by the justices if these lower courts disagree.”

Final Push of #NoMuslimBanEver National Week of Resistance

From the #NoMuslimBanEver Rally in Richmond, VA that congregated protestors from DC and the Richmond area, to the Twitter Town Hall on the Muslim/Refugee Ban anchored by Abed Ayoub (ADC), Asha Noor (CAIR-MI) and Naureen Shah (Amnesty International), the courts and the public have been hearing loud and clear that we as people of conscience will not stand for any kind of ban.

The final push of the National Week of Resistance comes on Monday May 15th at 8:30 AM PST with the second #NoMuslimBanEver Rally in Seattle outside of the U.S. Court of Appeals for the Ninth Circuit. The day continues with the final Twitter Town Hall focused on Islamophobia and Immigrants at 2 PM EST with Avideh Moussavian (NILC), Ben Ndugga-Kabuye (BAJI), Lindsay Schubiner (Center for New Community), and Patrice Lawrence (UndocuBlack).

5:15 #NoMuslimBanEver Final

Check out the Calendar of Events

  • May 15 | 8:30 – 10:30 AM PST: (Seattle, WA) Rally against the Travel Ban with Americans for Refugees and Immigrants at 1010 Fifth Ave Seattle, WA 98104.
  • May 15| 2 PM EST (Online) #NoMuslimBanEver Twitter Town Hall 
  • May 15 | 6:30 PM EST (NYC) “Muslim in New York” Panel at the Museum of the City of New York. Free Event, Register here.
    • Zain Abdullah, Anthropologist and associate professor of Religion at Temple University; author of Black Mecca: The African Muslims of Harlem (Oxford University Press, 2010)
    • Zaheer Ali, Oral historian at Brooklyn Historical Society (BHS) and Director of BHS’s new Muslims in Brooklyn project
    • Debbie Almontaser, Founder and CEO of Bridging Cultures Group
    • Vivek Bald, Scholar, documentary filmmaker, and author of Bengali Harlem and the Lost Histories of South Asian America (Harvard University Press, 2013)
    • Sarah Sayeed (moderator), Senior Advisor for the Community Affairs Unit at the New York City Mayor’s Office, former Program Director of the Interfaith Center of New York

Countdown to #NoMuslimBanEver National Week of Resistance

In only three days, the #NoMuslimBanEver National Week of Resistance will be kicking off on May 8th with a rally sponsored by Asian Americans Advancing Justice and partner organizations outside the U.S. Court of Appeals for the Fourth Circuit in Richmond, VA.

On May 9 at 2 PM ET, we will be hosting our first Twitter Town Hall on the Muslim/Refugee Ban with Abed Ayoub (ADC), Asha Noor (CAIR-MI) and Naureen Shah (Amnesty International) moderated by Deepa Iyer (Center for Social Inclusion) and co-sponsored by 18 Million Rising and MPower Change. Stay tuned for our next Twitter Town Hall on May 15.

Check out our Calendar of Events to learn about local acts of resistance during the National Week of Resistance and submit your own campaign events here.

#NoMuslimBanEver Step 1#NoMuslimBanEver Step 2#NoMuslimBanEver Step 3#NoMuslimBanEver Step 4#NoMuslimBanEver Step 5

Launching #NoMuslimBanEver Campaign on May 8 – 15

Check out the Calendar of Events for events in your area

Join us between May 8th – May 15th for a #NoMuslimBanEver campaign to raise awareness and continue the resistance against the Muslim and refugee bans. Let’s make sure that the courts and the country hear the voices of affected communities and allies in declaring: No Muslim Ban. Ever.

Background: On January 27th and again on March 6th, the Trump Administration issued executive orders that barred travel from six Muslim-majority nations and suspended the refugee program for 120 days. After federal judges in Hawai’i and Maryland blocked the implementation of significant parts of the executive order, the federal government appealed.  Hearings are scheduled for May 8th in the Fourth Circuit Court of Appeals (Richmond, VA) and May 15th in the Ninth Circuit Court of Appeals (Seattle, WA).

Join us for a week of resistance between May 8 and May 15 to declare #NoMuslimBanEver. During this critical week, we must continue to raise our voices against discriminatory policies like the Muslim and refugee bans. Below are ideas and resources that you can use to organize discussions, rallies, direct actions, and forums. Let us know about your event by completing our submission form and checking the Calendar of Resistance.

Check out our #NoMuslimBanEver Campaign page to stay updated. 

Here are five ways you can raise awareness and make your voice heard. 

#NoMuslimBanEver Step 1#NoMuslimBanEver Step 2#NoMuslimBanEver Step 3#NoMuslimBanEver Step 4#NoMuslimBanEver Step 5

April 17 – 21: What to Know & Do

What to Know

  • Muslim Advocates lays out 17 reasons the Muslim Ban is pure discrimination, including Trump continuously calling for a Muslim Ban on the campaign trail, his promise to add an immigrant religion test singling out Muslims, and Trump admitting that Christians would be given priority over Muslims as refugees.

17 Reasons Why - 14Image credit: Muslim Advocates

  • For more than 15 years, jails holding people on immigration violations were subject to an expanded set of regulations because those detained were considered “civil detainees” (ICE’s 455 page national detention standards). According to the NYT, “unlike people facing criminal charges, ICE detainees have no right to a lawyer to look out for their interests, and many do not speak English or have a criminal record.” These regulations were thus particularly important for civil detainees. Going forward, however, new jail contracts will be exempt from these regulations and the office that develops these regulations will be closed. Many of the services previously provided to civil detainees like translation services and “a current rule that detainees’ requests for medical care must be evaluated by a professional within 24 hours will be replaced by a requirement that the jails merely have procedures on providing medical care.”
  • The National Immigration Project of the National Lawyer’s Guild issued a practice advisory on Remedies to DHS Enforcement at Courthouses and Other Protected Locations. Prior administrations had generally recognized that certain physical locations, including courthouses, houses of worship, and homeless shelters, were a protected sanctuary from immigration enforcement. Now that the Trump administration has abandoned this doctrine, this new advisory describes best practices for terminating removal proceedings if one is apprehended in a protected location.

What to Do – Action Items

  • The Asian Law Caucus has prepared a sign on letter opposing a new social media data collection program by CBP. CBP intends to collect social media identifiers from long term visa holders from China; the policy is currently in public comment period until April 24. Collecting social media information has major civil liberties implications, and this particular proposal has a national origin bias in that it singles out Chinese visitors. Given Trump’s China bashing and the recent unjust targeting of Chinese Americans in the name of national security, we believe this policy would exacerbate racial and religious profiling, especially at the border, where Arab, Middle Eastern, Muslim, and South Asian travelers have been disproportionately targeted. If you would like to sign on, please email Joyce Xi with the name of your organization as you would like it listed by April 21.

April 10 – 14: What to Know & Do

Image from The Middlebury Campus

What to Know

Visitors from other countries including those in the Visa Waiver Program (38 countries including the UK, France, Australia and Japan) could be forced to reveal cell phone contacts, social media accounts and passwords, and browsing and financial information under the Trump administration’s “extreme vetting” practices. Travelers could also be subject to an “ideological test” in order to be able to enter the U.S. In a joint coalition letter forewarning of these practices, civil liberties organizations, human rights groups, and legal experts argued that such practices would be a massive invasion of privacy and discourage business, tourism and journalism.

Since 2016, a number of bills have been introduced and passed in state legislatures restricting and punishing sanctuary campusesSB 2710, already signed into law in Mississippi, prohibits the formation of sanctuaries and invalidates all existing sanctuary policies by a “state agency, department, political subdivision of the state, county, municipality, university, college, community college, or junior college.” The state of Georgia passed HB 37, which will withhold state funding or state administered federal funding to private and public post secondary institutions which have sanctuary campus policies in place. Two bills have already passed through one chamber in both Alabama and Indiana; the bills are now working their way through the legislatures.

Islamophobia is Racism is a resource for Teaching & Learning about anti-Muslim Racism in the United States. The syllabus focuses on “how structures of violence, inequality, and war have produced anti-Muslim racism and discrimination” and describe “its wide-ranging impact on everyday life.” The syllabus includes essays that address recent events like the 2017 “Muslim ban,” and also show how “similar policies extend to both earlier moments and other communities.”

What to Do

April 3 – 7: What to Know & Do

What to Know

On Monday, the California Senate passed SB 54, unofficially called a “Sanctuary State” bill. SB 54 “bars state and local law enforcement agencies from using their resources, including money, facility, property, equipment or personnel, to help with immigration enforcement. They would be prohibited from asking about immigration status, giving federal immigration authorities access to interview a person in custody or assisting them in immigration enforcement.” SB 54 now heads to the California State Assembly, where the Democrats have a super majority, and if passed would likely be signed by Governor Jerry Brown.

In a two page memo released on MondayAttorney General Jeff Sessions ordered Justice Department officials nationwide to review reform agreements with police departments.” Since 2009, the Justice Department opened 25 investigations into law enforcement agencies and has been enforcing 14 consent decrees, along with some other agreements. Civil rights advocates fear that Sessions’s memo could frustrate prior agreements and imperil the status of agreements that have yet to be finalized, including a pending agreement with the Chicago Police Department.” To read why the review of police agreements matter, click here.

On Monday night, Trump signed legislation that repeals FCC privacy protections for internet users, rolling back rules that would have gone into effect later this year. The privacy rules, “would have banned Internet providers from collecting, storing, sharing and selling certain types of customer information without those customers’ consent. Data such as a person’s Web browsing history, app usage history and location details would have required a customer’s explicit permission before companies such as Verizon and Comcast could mine the information for advertising purposes.”

What to Do

Here are some upcoming events this week: