We provide you with a more detailed overview of the current situation below:

The Travel Ban also states that it does not apply to individuals who were in the U.S., or who already had valid visas, on the “effective date” of the ban: i.e. as of September 24, 2017 for those without a “bona fide relationship;” and October 18, 2017 for those witha “bona fide relationship.”  For these individuals, the Travel Ban should still not apply, by its own terms.  However, as of now, there is uncertainty about the “effective date” for any visas issued between September 24/October 18 to the present (i.e. during the “injunction period”).  The Trump Administration may still consider the “effective date” to be the original dates in the Travel Ban (September 24/October 18), or it may decide that the effective date will be the day the Supreme Court lifted the injunctions and allowed the Travel Ban to proceed (or another date chosen by the administration).

November 1, 2017

Federal Court To Hear Iranian-American Organizations’ Lawsuit Challenging Trump’s Travel Ban 3.0 And The First Challenge To The New Refugee Ban

Dear members and friends: on November, 2, 2017, the Iranian American Bar Association (IABA) and a joint coalition of Iranian-American organizations (consisting of Pars Equality Center and PAAIA), and individual Iranian-American Plaintiffs, are challenging dimensions of President Trump’s Travel Ban 3.0 and, for the first time by any group or organization, the administration’s October 24th Executive Order targeting refugees.  A joint statement by the Iranian-American organizations, including IABA, Pars, and PAIAA follows:

FOR IMMEDIATE RELEASE                            Contact: Aurora Matthews (301-221-7984)

LAWSUIT ARGUES TRUMP’S EXECUTIVE ORDER TARGETS REFUGEES FROM 11 PREDOMINANTLY MUSLIM COUNTRIES, DESPITE PLEDGEES TO END BAN

Iranian-American organizations and individual plaintiffs file supplement to lawsuit challenging Trump’s Travel Ban 3.0

WASHINGTON, D.C. (October 26, 2017) – Three prominent Iranian-American organizations and 16 individuals have filed legal papers challenging President Trump’s October 24th Executive Order, which they argue targets refugees from Iran and 10 other African and Middle Eastern countries. The papers are  a supplement to the Motion for Preliminary Injunction the groups filed earlier this month against the Trump Administration’s Travel Ban 3.0.

“Packaged as an end to the Trump Administration’s refugee ban, in fact, this Executive Order is the precise opposite: It’s a plain and insidious effort to carry out Trump’s promises for a Muslim ban, targeting refugees from 11 Middle Eastern and African countries,” said Cyrus Mehri, founding partner of Washington, DC-based firm Mehri & Skalet, PLLC, who represents the plaintiffs.

On October 24, the Trump Administration issued a new Executive Order, which it released alongside a DOS/DHS/DNI memorandum, initiating a new 90-day review period of its refugee program. During this time, according to the memo and Order, the United States will prioritize refugee applications for those who are not nationals of 11 countries.

While the Administration has not officially named the 11 countries referred to in the Memorandum, all reporting points to the fact that Iran is one of the 11 countries, and that the other countries are all in Africa and the Middle East. During these 90 days, refugees from the 11 countries will be admitted only on a “case-by-case basis” if their admission is deemed to be “in the national interest” and “pose no threat to the security or welfare of the United States.” In effect, this is a ban on refugees from Iran and the other 10 countries for the next 90 days. And because the Trump administration has determined that the United States will only admit 45,000 refugees this fiscal year, no Iranian refugees, nor any refugees from the other named countries, will be admitted to the United States for at least another full year.

The October 24 Executive Order thus denies sanctuary to three individual Plaintiffs in the lawsuit: Reza Zoghi, an Iranian political dissident who, after multiple periods of imprisonment and torture, fled Iran with his family; Jane Doe #8, a lesbian refugee who fled Iran after experiencing repeated sexual assault; and Jane Doe #9, a transgender refugee who fled Iran after experiencing sexual assault and being expelled from school.  

When read in conjunction with the September 24 Proclamation as it must be, it is plain that the October 24th Executive Order is an effort to keep carrying out Trump’s promises to enact a Muslim ban.

“The Administration’s September 24th Executive Order, its 3rd attempt at a travel ban targeting Muslims, inflicts the same harm as the last two versions. So does the October 24th proclamation, which targets vulnerable refugees,” the organizations said in a joint statement.

The President’s September 24 Proclamation, among other things, indefinitely bans all immigrant and almost all nonimmigrant visas to Iranian nationals and bans all immigrant visas and many non-immigrant visas to the nationals of five other majority-Muslim nations, which two courts have already determined violates either federal law or the U.S. Constitution.

The three organizations – Pars Equality Center, Iranian American Bar Association and Public Affairs Alliance of Iranian Americans (PAAIA) – along with individual plaintiffs, previously challenged the Trump administration’s first, second, and third Travel Bans. In May, federal judge Judge Tanya S. Chutkan issued an order indicating that she was seriously troubled by the government’s actions but would not step in unless the injunctions that were active at the time were rolled back. Plaintiffs now seek protection for refugee applicants harmed by the October 24 Executive Order.  

Pars Equality Center, the Iranian American Bar Association and the Public Affairs Alliance of Iranian Americans as well as the individual plaintiffs filed this case on February 8 and amended it on March 15. The plaintiffs are represented by the civil rights law firm Mehri & Skalet, PLLC, the Lawyers’ Committee for Civil Rights Under Law, and Arnold & Porter Kaye Scholer, LLP.

The supplemental motion, along with previous filings, media and other information, can be found at endthetravelban.com.

Iranian American Bar Association

Babak Yousefzadeh, President
Ramin Montazeri, Vice President
Samy Sadighi, Secretary, Los Angeles Chapter Representative
Ali Assareh, At Large Board Member
Affi Eghbaldari, San Diego Chapter Representative
Reza Golesorkhi, At Large Board Member
Maryam Jazini-Dorcheh, New York City Chapter Representative
Nina Kani, Orange County Chapter Representative
Afsanieh Rassti, Phoenix Chapter Representative
Saiena Shafiezadeh, At Large Board Member
Stefan Shaibani, At Large Board Member
Montra Yazdani, D.C. Chapter Representative

We have some good news. On Tuesday, October 17, 2017, the U.S. District Court in Hawaii issued an order blocking enforcement of President Trump’s newest version of his Travel Ban, nationally, before it could go into effect. The Hawaii District Court found that Version 3 “suffers from precisely the same maladies as its predecessor.” The full order can be found here.

The District Court found that Travel Ban 3.0 violated the mandates of the Immigration and Nationality Act (INA) for two reasons. First, the ban’s stated policy, protecting the U.S. “from terrorist attacks and other public-safety threats,” did not fit the restrictions actually imposed: the indefinite ban of more than 150 million nationals of the six specified countries. Second, the ban ” improperly use[d] nationality as a proxy for risk,” and therefore “plainly discriminate[d] based on nationality” in a manner that that runs counter to the mandates of the INA and “the founding principles of this Nation.”

On the first point, the court noted that the President’s broad discretion over entry of aliens into the U.S. under the INA still required that he make a sufficient finding that “that entry of all nationals from the [list of] designated countries … would be harmful to the national interest.” Here, however, Travel Ban 3.0 made no finding that nationality reflected a heightened security risk. Further, the ban contained “internal incoherencies that markedly undermine[d] its stated ‘national security’ rationale.” For example: (1) many countries failed the global criteria, but only several were designated under Travel Ban 3.0; and (2) of the countries designated, the scope of restrictions for some countries (like Venezuela) were significantly less than others, though they were identified as posing similar security concerns. Lastly, the ban did not reveal why existing law was insufficient to address the President’s stated concerns.

Regarding the second point, the Court noted that the INA prohibited any nationality-based discrimination in issuing immigrant visas. And by “indefinitely and categorically suspending immigration from the six countries,” Travel Ban 3.0 “attempts to do exactly what [the INA] prohibits”: singling out immigrant visa applicants on the basis of nationality.

Having found that Travel Ban 3.0 likely violated provisions of the INA, the Court declined to reach the constitutional issues raised.

With this order, Travel Ban 3.0 has been temporarily blocked. But we do not expect that all issues surrounding our community members (and their families) getting visas will be resolved. And there is little doubt that further legal proceedings will follow. Please stay tuned for additional updates. In the meantime, please continue to:

1. Notify us, by clicking here and filling out this form, if you know anyone who continues to be affected by Travel Ban 3.0;
2. Please sign our joint petition to the U.S. Congress, requesting that it ” Rescind the Muslim Ban Immediately;“
3. Share this statement, as well as the above form and petition, with your friends, families, and professional networks; and
4. Donate to IABA so it can continue its efforts in protecting our rights.

Babak Yousefzadeh

October 10, 2017

Dear members and friends,

On Monday, October 9, 2017, the Iranian American Bar Association and a joint coalition of Iranian-American organizations and individual Iranian-American Plaintiffs renewed their challenge President Trump’s newest iteration of his Travel Ban, and will seek to enjoin it before it goes into effect on October 18, 2017. A copy of the Amended Complaint can be found on the IABA website. A joint statement by the Iranian-American organizations, including IABA, Pars Equality, and PAAA, with more information follows:

October 10, 2017
FOR IMMEDIATE RELEASE Contact: Aurora Matthews 301-221-7984.
LAWSUIT ARGUES TRUMP’S LATEST TRAVEL BAN CONTINUES TO TARGET IRANIAN-­AMERICANS, EXACERBATES HARM OF PREVIOUS BAN ORDERS.

Iranian-­American organizations and 13 individual plaintiffs file challenge to Travel Ban 3.0, ask for response before EO takes effect Oct 18.
WASHINGTON, D.C. (October 10, 2017) – A new court filing in federal court in Washington D.C. challenging President Trump’s latest iteration of the travel ban seeks to protect Iranian Americans in the United States and abroad. The lawsuit, filed by three prominent Iranian-American organizations as well as 13 individual plaintiffs, outlines the ways the policy is hurting families, professional and business opportunities, as well as the expansive Iranian-American community.
“The latest Presidential Proclamation on vetting capabilities is a wolf in sheep’s clothing. As a permanent and more sweeping Travel Ban than its two predecessors it is even more egregious and will cause even more harm to Iranian American families and the contributions Iranian Americans make to the U.S. economy and society,” said Cyrus Mehri, founding partner of Washington, DC-based firm Mehri & Skalet, PLLC, who represents the plaintiffs. “I am very proud of our courageous individual clients and our dedicated organizational clients who continue to fight to protect the Iranian American community.”
The President’s September 24 Proclamation, among other things, indefinitely bans all immigrant and almost all nonimmigrant visas to Iranian nationals and bans all immigrant visas and many non-immigrant visas to the nationals of five other majority-Muslim nations. Based on State Department historical data, it is estimated that 60 percent of visas subject to the ban would have been issued to Iranian nationals. On October 5, the government — citing the September 24 Proclamation — asked that the injunctions currently in place be lifted, with no provisions to allow visas for individuals with bona fide relationships with entities or individuals in the United States. The September 24 Proclamation will take effect at 12:01 a.m. on October 18, 2017.
A motion to lift the stay along with an amended complaint detailing the unlawful harm to 13 individuals was filed in federal court before Judge Tonya S. Chutkan who in April conducted the only evidentiary hearing on Travel Ban 2.0 and who issued an order expressing concerns about the Travel Ban.

• The Complaint has compelling examples from 13 individuals. Among the plaintiffs are: Mohammed Jahanfar, whose fiancé is in Iran studying for her Master’s. Jahanfar, who served in the U.S. Navy and currently lives in California, is worried he and his fiancé will be unable to get married and live together. He says he joined the military in order to give back to his country, but never imagined the government would keep him from his loved ones.
• Reza Zoghi fled Iran with his family to escape violent persecution. He, along with his wife and three-year-old daughter, successfully completed the vetting process for resettlement, but they remain in indefinite limbo in Turkey, where he is unable to work and his daughter will be unable to enroll in school.
• Another plaintiff, who holds dual citizenship from the U.S. and Iran, is pregnant with her first child in New York City. With her husband working full time and no other close relatives nearby, her mother is trying to move from Iran to help care for her grandchild. But the process continues to be on hold.

The three organizations – Pars Equality Center, Iranian American Bar Association (IABA) and Public Affairs Alliance of Iranian Americans (PAAIA) – along with individual plaintiffs, now seek to lift the stay in this case and seek to enjoin Travel Ban 3.0.
Pars Equality Center, IABA and PAAIA, as well as the individual plaintiffs, filed this case on February 8 and amended it on March 15. The plaintiffs are represented by the civil rights law firm Mehri & Skalet, PLLC, the Lawyers’ Committee for Civil Rights Under Law, Tycko & Zavareei LLP, and Arnold & Porter Kaye Scholer, LLP.

The brief and declarations, along with other information can be found at www.endthetravelban.com.

Iranian American Bar Association

Babak Yousefzadeh
IABA National President

September 27, 2017

Dear members and friends,

As you are aware, on September 24, 2017, the Trump administration issued sweeping new travel restrictions, prohibiting nearly all travel for foreign nationals of Iran (and several other countries). The language of the new proclamation (Travel Ban 3.0) can be found here. You can also find IABA’s summary of the key parts of the new travel ban here.

Given the new proclamation, the U.S. Supreme Court has taken off calendar the scheduled oral arguments in the Hawaii and IRAP cases, the two prior challenges to the Travel Ban 2.0, and requested supplemental briefing on whether parts of the issue are now moot. More legal challenges to the new Travel Ban 3.0 will undoubtedly follow.

Substantively, Travel Ban 3.0 continues to target primarily nationals of Muslim-majority countries. While the new proclamation includes two non-Muslim-majority countries (North Korea and Venezuela), these additions appear to be nominal at best, and make up only a tiny fraction of those subject to the travel ban. Based on available information, the vast majority of the individuals affected by Travel Ban 3.0 remain nationals of Muslim-majority countries; and nationals of Iran, alone, constitute over 60% of the total people affected. That is exactly why Iranian Americans must be on the front lines of this battle — and why we, as a community, we must inform ourselves, organize, and act.

Here are a few simple things can do to help now:

1. If you know anyone affected by Travel Ban 3.0, please notify us immediately by clicking here and filling out this form, or emailing us at info@iaba.us;

2. Please sign our joint petition to the U.S. Congress, requesting that it “Rescind the Muslim Ban Immediately.” This petition has been prepared by a coalition of highly respected legal and advocacy groups, including Iranian American organizations. We need your help to spread word of this petition, and to gather as many signatures as possible, to show broad support for abolishing any travel ban based on national origin or religion;

3. Share this statement, as well as the above form and petition, with your friends, families, and professional networks; and

4. Donate to IABA so it can continue its efforts in protecting our rights (click here).

We will continue to update you as things change, and will also keep you informed of our ongoing efforts. Please stay tuned. And, more importantly, remain engaged.

Babak Yousefzadeh
IABA National President

Sep 25, 2017

Dear members and friends,

Tonight, President Trump issued a new proclamation implementing his Travel Ban 3.0. The new Travel Ban identifies seven countries who are subject to sweeping new travel restrictions, without any apparent time limitations: Iran, Chad, Libya, North Korea, Syria, Venezuela, and Yemen.

As related to Iran, the new Travel Ban 3.0 suspends both immigrant and non-immigrant visas of all Iranian nationals, with minor exceptions for valid student and exchange visitor visas (though even such individuals will “be subject to enhanced screening and vetting requirements”). All immigrant and most non-immigrant visas to nationals of Chad, Libya, Somalia, Venezuela, and Yemen are also suspended; as are all immigrant and non-immigrant visas to nationals of Syria and North Korea, without exception. Iraq and Sudan have been removed from the list.

The new ban goes into effect, either immediately or on October 18, 2017, under a two tier system: (1) for foreign nationals who lack a “bona fide relationship” to a U.S. person or entity (e.g., family, businesses, or schools) as determined by recent case law, the new ban goes into effect today, September 24, 2017; and (2) for foreign nationals of Iran (and Libya, Syria, Yemen, and Somalia), who have a credible claim of a “bona fide relationship” with a U.S. person or entity, the ban goes into effect on October 18, 2017. That means that even Iranian nationals with a bona fide relationship to a family member or work relationship in the U.S. will be unable to come to the U.S. beginning October 18 (those with student visas appear to still be permitted).

In short, the new Travel Ban 3.0 — if left intact — will impose a near total and indefinite ban on immigrant and non-immigrant visas for Iranian nationals.

That said, there are a few limitations expressed in the new ban, which bear mention:

First, the new Travel Ban 3.0 will not apply to Iranian nationals who: (1) are inside the U.S. when it goes into effect, (2) have a valid visa on the relevant effective date; and (3) had a valid visa, which was suspended or cancelled under the Travel Ban 1.0, dated January 27, 2017.

Second, the new Travel Ban 3.0 does not apply to lawful permanent residents of the U.S. (green card holders), or dual nationals who are traveling on a passport issued by a non-designated country. It also does not apply to any foreign national: (1) who has a visa and other required document (such as a transportation letter, boarding foil, etc.) that is valid when the new ban goes into effect; or (2) who is already admitted as a refugee into, or has already been granted asylum by, the U.S. Nor will the new Travel Ban prohibit individuals from entering the U.S. on the basis of a credible claim of fear of persecution or torture.

Third, the new Travel Ban 3.0 purports to provide for “case-by-case” waivers, where: (1) denial of entry would cause undue hardship; (2) entry would not pose a threat to the national security of the U.S.; and (3) entry would be in the national interest. While the new Travel Ban 3.0 provides some examples of when this might happen — such as those previously admitted to the U.S. for work or study, or those who have built “significant contacts,” who are outside the U.S. when the new ban goes into effect; or those visiting immediate family in instances of “undue hardship” — it is unclear how these will apply.

Based on the above, it is clear that the Travel Ban 3.0, in effect, promises a near “total and complete ban” of Iranian nationals into the U.S. As always, IABA remains dedicated to protecting the rights of our community, and our families and friends. To that end, we will immediately: (1) explore and pursue potential legal challenges with coalition partners and counsel regarding this new ban; and (2) reach out to lawmakers and their staff to explore legislative options.

But, once again, we will need you to mobilize and help protect our community. As Iranian American attorneys, we remain the gatekeepers of our community’s rights, and the front lines of defense against any legal affront to those rights. And, again, we have been called on to rise to the challenge. In the past year, we have met that challenge head on every time needed, and we are needed to respond again. Here is what you can do to help:

1. First and foremost, if you know anyone affected by this Travel Ban 3.0, please notify us immediately by clicking here and filling out this form, or emailing us at info@iaba.us.

2. Engage community members who need help and direct them to IABA, and its online form;

3. Join or renew your membership with IABA (click here to join, and here to renew);

4. Donate to IABA so it can continue its efforts in protecting our rights (click here);

5. Answer calls for volunteering, meetings, translating, legal help, advocacy, etc.; and

6. Share this statement with your friends, families, and professional networks.

The situation will change rapidly. Please stay tuned and remain engaged.

Babak Yousefzadeh
IABA National President

June 29, 2017

Dear Members and Friends,

We recently provided you an update about the U.S. Supreme Court permitting parts of the “Travel Ban” Executive Order to proceed. You can find that summary here. In short, the Court found that the Travel Ban may not be used to prohibit visa applicants and refugees with “a bona fide relationship with a U.S. person or entity” (i.e. a “close” familial or business tie to the U.S.), but may otherwise prohibit nationals of Iran (and 5 other countries) without such ties to the U.S.

Yesterday, the Associated Press and Reuters both reported on new guidelines that have been sent to U.S. embassies and consulates, defining what a “close” familial relationship is. According to the reported guidelines, “close” family:

• Includes: parent, spouse, child, adult son or daughter, son-in-law, daughter-in-law, or sibling in the U.S.
• Does not include: grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-or-sisters-in-law, fiancées or other extended family members.

This interpretation of “close” family is quite narrow, and even appears to disregard broader examples offered by the Supreme Court, itself. It is unclear what rationale there is to separate grandparents and grandchildren, or fiancées, in the name of national security. This narrow interpretation has already drawn condemnation for separating families, including from the largest Iranian American organizations, such as IABA, NIAC, PAAIA, and Pars Equality (see here).

The Travel Ban goes into effect today, June 29, 2017. There have been conflicting reports as to exactly what time, ranging from 10:30 a.m. to 8 p.m. (likely depending on the airport).

IABA has created a form to help track information about individuals affected by the Travel Ban, and to offer assistance as possible. The form is currently available. It can be filled out anonymously to provide us with information; or contact information can be provided if an individual needs help. The form is available here.

Please help us by sharing this information (and the IABA form) with your friends, family, and professional networks, as widely as possible. The more we know, the more we can help.

And, as always you can also help by:

1. Joining or renewing your membership with IABA (click here to join, and here to renew);
2. Donating to IABA so it can continue its efforts (click here);
3. Answering calls to volunteer for translating, legal help, attendance at airports, etc. You can reach us at iaba@iaba.us; and
4. Engaging community members who need help and directing them to IABA as needed.

Stay vigilant. Stay engaged. And stay tuned. Things can change quickly.

Babak Yousefzadeh
Iranian American Bar Association
National President

Joint Statement of Iranian-American organizations on court order on motion
for Preliminary Injunction

Iranian American Organizations Denounce State Department Travel Ban Guidelines

Joint Statement of the Pars Equality Center, the Iranian American Bar Association (IABA) National Iranian American Council (NIAC), and the Public Affairs Alliance of Iranian Americans (PAAIA)

WASHINGTON, DC – As organizations representing the Iranian American community, we denounce the new guidelines for the revised Travel Ban issued by the State Department on Wednesday night.

Following the Supreme Court’s June 26th, decision to move the Travel Ban forward while exempting those who can “credibly claim a bona fide relationship with a person or entity in the United States,” the State Department’s guidelines ban extended family including grandparents, aunts, uncles, nephews, nieces and fiancées from entering the country.

Extended family is the lifeblood of all immigrant groups. This restrictive notion of family will deter people who continue to contribute to the United States and make America their home.

Iranian Americans, a community that President Trump himself has called one of the most “successful immigrant groups in our country’s contemporary history,” has been significantly and adversely impacted by the Travel Ban. Out of the six Muslim-majority countries affected by the ban, Iran alone reportedly accounts for more than half of legal entrants to the United States, many of whom visit to see their families and loved ones.

Banning grandparents from visiting their grandchildren does not make America safer. Neither does it make sense to separate fiancées who seek to be reunited to begin their lives together. The Travel Ban has already disrupted family visitation and emergency medical care for loved ones, putting lives at stake. Treating our American communities as second-class citizens is un-American at its core and does absolutely nothing to protect the United States.

The Iranian American community stands up for civil rights and liberties, and we will remain vigilant in responding to measures that unfairly target our community. All four organizations along with individual plaintiffs filed a lawsuit in Federal court in Washington, D.C. to stop the travel ban and its negative impacts on the immigrant population in the United States – “Pars Equality v. Donald J. Trump et al.” For more information, go to endthetravelban.com.

IABA Statement on the U.S. Supreme Court Ruling On The Travel Ban

June 26, 2017

Dear members and friends,

Today, the U.S. Supreme Court weighed in on the Trump Administration’s “Travel Ban” Executive Order. In so doing, the Supreme Court: (1) accepted review of the prior Fourth and Ninth Circuit opinions, which broadly stayed the Travel Ban; and (2) agreed to continue staying part of the Travel Ban, while allowing other parts of it to proceed forward, pending a decision on the merits in Fall 2017.

In its decision, the Supreme Court held that the Travel Ban: (1) cannot be enforced against any foreign nationals who can credibly show a “bona fide relationship with a person or entity in the United States,” but (2) can be enforced against other foreign nationals from the six listed countries (i.e. those with no ties to the U.S.).

More specifically, the Supreme Court held that the Travel Ban cannot prohibit foreign nationals of Iran (or five other countries) if they can credibly show:
• A close familial relationship to a person in the U.S. (examples from the Court went beyond the “family nucleus” to in-laws and other possible extended family); or
• A formal and documented relationship with a U.S. entity, formed in the ordinary course (e.g., students admitted to university, workers with employment at a U.S. company, a lecturer invited to address a U.S. audience, etc.).

Notably, the Supreme Court applied the same standard to refugees who are foreign nationals of the six identified countries: i.e. they may not enter the U.S. unless they can show a “bona fide” relationship with a U.S. person or entity. If they can make this showing, the Travel Ban cannot prohibit their entry, even if it exceeds the new 50,000 “cap” that the Travel Ban imposes.

The Supreme Court warned that a “bon fide” relationship may not be manufactured for purposes of evading the Travel Ban – e.g., a non-profit creating a work or other relationship for the sole purpose of bringing an otherwise prohibited foreign national to the U.S.

The Court’s order will go into effect on Thursday, June 29, 2017, and will remain in place until at least until October 2017, pending final resolution of this case on its merits.

While this decision was not entirely unexpected, it is extremely disappointing, in that it permits the Trump Administration to implement parts of a self-recognized Travel Ban, despite repeated statements expressing discriminatory intent based on nationality and religion. The Supreme Court decision also leaves ambiguity about its implementation. For example, it is unclear exactly what a “bona fide relationship” means (e.g., whether the quality or type of the relationship matters, which members of an extended family qualify, etc.). Such ambiguity is dangerous, and can permit arbitrary application. It also remains unclear whether and to what extent the Trump Administration will seek to apply “back door” immigration policies to implement its stated ban.

IABA expects that this ruling will lead to additional confusion and travel-related complications among our community members. So it is critical that our members know their rights, and have access to organizations capable of helping them. To that end, the IABA, through its website, will continue to: (1) disseminate information about member rights, (2) collect information and data from community members (and other individuals) who are affected by the Travel Ban; and (3) connect our members affected by this ban to attorneys capable of helping. All of this information will be available on: https://iaba.us/iaba-immigration-updates. If you know of anyone affected by the Travel Ban, please have them reach out to us, or visit our website.

As we have repeatedly said in prior communications, the issues surrounding the Travel Ban are not going away. However, we have – again and again – been able to secure victories though through the courts. As attorneys, it continues to fall on us to protect the community from the effects of this discriminatory ban, and other hostile legal policies. Please help us with those efforts by:

1. Joining or renewing your membership with IABA (click here to join, and here to renew);
2. Donating to IABA so it can continue its efforts (click here);
3. Answering calls and volunteering for translating, legal help, attendance at airports, etc.
4. Engaging the community members who need help and directing them to IABA as appropriate;
5. Answering calls to volunteer time for translating, legal help, at airports, etc.
6. Sharing this statement and related information with your friends, families, and professional networks.
7. Calling and writing your local, state, and federal representatives;

Babak Yousefzadeh
Iranian American Bar Association
National President

Joint Statement of Iranian-American organizations on court order on motion
for Preliminary Injunction

Contact: Christy Setzer, christy@newheightscommunications.com or
Aurora Matthews, aurora@newheightscommunications.com, 301-221-7984
May 11, 2017

JUDGE STAYS CONSIDERATION OF PRELIMINARY INJUNCTION, ORDERS CASE TO MOVE FORWARD IN IRANIAN-AMERICAN ORGS CASE AGAINST TRUMP TRAVEL BAN

U.S. Federal Court Hears Iranian-Americans’ Stories, is Troubled by Government’s Actions

Washington, DC—Today, federal judge Judge Tanya S. Chutkan issued an order expressing her belief that the preliminary injunction motion filed by four prominent Iranian-American organizations – Pars Equality Center, Iranian American Bar Association, National Iranian American Council, and Public Affairs Alliance of Iranian Americans – and more than 15 individual plaintiffs, is “likely to succeed on the merits” – meaning the Trump administration’s travel ban Executive Order is likely unlawful. But the Court stayed consideration of, or ruling on, the parties’ preliminary injunction motion pending resolution of the two national injunctions on the Executive Order currently in place, and appeals of the same. Judge Chutkan assured that, “in the event that both existing injunctions are overturned, this court is prepared to issue a ruling without delay.” She further ordered the parties to continue ahead “to avoid undue delay in this litigation.”

“We are pleased that Judge Chutkan wrote that she believes that the travel ban is likely unlawful,” said Cyrus Mehri. “Judge Chutkan is seriously troubled by the government’s actions and is ready to step in if any existing injunction is rolled back. Judge Chutkan did not agree with the government’s arguments that there was no merit to our claims and that she has ordered the litigation to move forward. However, we would have preferred for the Court to rule on other key issues in the case, such as the ongoing irreparable harm that the organizations and individual plaintiffs continue to suffer. We will continue to vigorously prosecute this case.”

Hearings for the lawsuit were held on April 18 and April 21 in Washington, D.C. The first hearing featured live testimony from two of the organizations, which was the only time in any of the travel ban cases where the court heard directly from those harmed.

The Iranian-American community has been and continues to be significantly and adversely impacted by the travel ban. State Department data released last week shows that in March 2017, the Government issued 40 percent fewer visas to citizens of the listed countries than it did in any average month in 2016. The number of visas issued to Iranians dropped precipitously—from 2,450 per month in 2016 to 1,572 in March 2017—notwithstanding the nationwide injunctions against both the January 27 and March 6 Executive Orders.

Declarations filed by the individuals and organizations showed how the travel ban is continuing to cause harm to the Iranian-American community, including:

Consular processes have not been restored to the status quo before the travel bans: The declarations show that visa appointments that were cancelled have not been restored; that individuals whose visas were cancelled have been forced to re-start the applications process; and that the visa applications of individuals who had previously traveled to the United States have been summarily denied without explanation. Individuals are also confused about the rules that currently apply to visa and refugee processing and, based on the Government’s conduct and inconsistent statements, fear more sudden changes in the future.

Wreaking havoc on Iranian American families: The declarations include accounts of wedding plans being disrupted, of families being forced to disconnect from each other, and medical conditions worsened by the travel ban.

Disrupting the Academic, Research and Student Communities:The declarations highlight disruption to college, graduate and law students of Iranian descent – which not only stymie their own education but erode their academic, research and other contributions to U.S. universities.

Harm to Refugees: The declarations show examples of harm to refugee applicants whose applications are not being processed despite the nationwide injunction in place, and who continue to fear for their physical safety.

Harm to U.S. Democracy: The capricious nature of the travel ban and its destructive impact on the Iranian-American community undercuts democracy at home and abroad and makes America less safe.

Pars Equality is prosecuted by Iranian-American civil rights lawyer Cyrus Mehri with his Washington, DC-based firm Mehri & Skalet, PLLC; the Lawyers Committee for Civil Rights Under Law; and pro bono counsel, Arnold & Porter Kaye Scholer.

To learn more about the lawsuit, visit endthetavelban.com.

IABA STATEMENT ON EXECUTIVE ORDER RE BAN ON NATIONALS OF 6 MUSLIM MAJORITY COUNTRIES

March 17, 2017

Dear members and friends,

As most of you know, on March 6, 2017, President Trump issued his “Travel Ban” Version 2.0. This ban was set to go into effect yesterday, March 16, and required a 90 day halt on all travel from nationals from six Muslim-majority countries – Iran, Yemen, Syria, Somalia, Sudan and Libya (but no longer Iraq) – subject to certain exceptions. Under this new Executive Order (EO), the refugee program will also be halted for 120 days in its entirety (subject to some exceptions), and upon resumption the number or refugee admissions to be cut drastically (to 50,000 down from 110,000).

In an effort to fix the many flaws of the original version, the Travel Ban 2.0 created exceptions (for whom the 90 day ban will not apply), including: (1) green card holders (lawful permanent residents); (2) individuals whose visas, refugee, or asylum status was granted before January 27 (the original EO), or as of March 6 (Version 2.0); and (3) dual nationals who are using a passport from a non-designated country. The Travel Ban 2.0 also permits case-by-case “waivers” for educational, health, and family purposes, if applicants can show “undue hardship” and that the waiver is “in the national interest.” Even more limited “waivers” were made available for the refugee program, though none expressly for “minority faith” members. No guidance is provided as to whether and under what circumstances any of these waivers would be granted.

President Trump, himself, described the Travel Ban 2.0 as a “watered down” version of the original, bolstering the position that this new EO provides only cosmetic changes to the illegality that permeated its predecessor. So it is not surprising that it was immediately challenged on the same grounds as the original EO, including that it violated the Due Process, Equal Protection, and Establishment Clauses of the U.S. Constitution, as well as the Religious Freedom Restoration Act and the Administrative Procedure Act.

In response to such challenges, between March 15 and 16, District Courts in Hawaii and Maryland have already heard and granted temporary restraining orders against the new Travel Ban. The Hawaii District Court has issued a nation-wide stay of both the “national origin” and “refugee” provisions, while the Maryland District Court issued a nation-wide stay of the “national origin” provision. This means that the Travel Ban 2.0 did not go into effect yesterday as stated, pending resolution of the existing legal challenges.

While this is welcome news, our fight is far from over. Setting aside any appeals processes, these cases still have to be won on their merits. For its part, IABA – along with three other prominent Iranian American organizations – has renewed its legal challenge to the Travel Ban 2.0. Yesterday, we amended our original complaint to challenge the new Travel Ban, filed in the District Court in Washington D.C., and moved for a preliminary injunction – a motion supported by 25 declarations. Of all the lawsuits currently pending, our legal challenge provides the most comprehensive set of facts as to the effects of the Travel Ban on the Iranian American community. Our preliminary injunction motion is currently set to be heard on April 13. You can follow the progress of our lawsuit, including the most recent filings, here.

By its terms, this new EO can become a permanent ban against Iranian nationals. Its stated purpose is to provide a “90-day pause” to assess security surrounding travel from these six countries; but it also states that, if any foreign government on the list is unable or unwilling to comply with any required standards, this 90-day ban could be extended for an indefinite period of time. Given the lack of any diplomatic relations between Iran and the U.S., it is unlikely that the required cooperation would develop anytime soon between the two countries – and thus it is very possible that this ban would become permanent. We at the IABA intend to stand strong against this new EO, as with any other unlawful action that seeks to deprive our community of its rights. And to that end, we encourage and urge you for your help. Here is how you can help:

• Join or renew your membership with IABA (click here to join, and here to renew).
• Donate to IABA so it can continue its efforts (click here).
• Donate your time, whether through legal services, research, translating, physical presence, or simply helping coordinate the efforts of attorneys through your network.
• Offer your expertise in the law, including immigration and constitutional law.
• Continue to call and write your local and federal representatives
• Continue to share this information with your friends, families, and professional networks.

Babak Yousefzadeh
IABA National President
National Board of Directors

Iranian American Joint Satement

Contact: Christy Setzer, christy@newheightscommunications.com or
Aurora Matthews, aurora@newheightscommunications.com, 301-221-7984
February 9, 2017

IRANIAN-AMERICAN ORGS FILE FEDERAL LAWSUIT
AGAINST TRUMP TRAVEL BAN EXECUTIVE ORDER

Joint Statement of the Pars Equality Center, the Iranian American Bar
Association, the National Iranian American Council, and
the Public Affairs Alliance of Iranian Americans

Washington, DC—Several prominent Iranian-American organizations have filed a joint action in federal court to stop the Trump Administration’s Executive Order banning nationals from Iran and six other predominantly Muslim nations from entering the U.S. The lawsuit was filed by Iranian American civil rights lawyer Cyrus Mehri, partner of Washington, DC-based firm Mehri & Skalet, PLLC; the Lawyers’ Committee for Civil Rights Under Law; and pro bono counsel, Arnold & Porter Kaye Scholer (“APKS”), on behalf of the Pars Equality Center, the Iranian American Bar Association, the National Iranian American Council, and the Public Affairs Alliance of Iranian Americans.

The Iranian-American community has been significantly and adversely impacted by the travel ban. Iran had the largest total number of legal entrants into the U.S. (310,182) between 2006 and 2015; two-thirds of those entrants arrived in the United States on temporary visas. Of the 90,000 visas issued each year to the seven countries singled out by the EO, almost half (42,542) are from Iran.

The Iranian-American organizations released the following joint statement:

“In a united effort, and in honor of our parents, children and the entire Iranian-American community, we have filed a joint action in federal court to stop the White House’s Executive Order, a wholly irrational directive that profoundly discriminates against our community.

“The Executive Order illogically categorizes everyone of Iranian descent as a potential terrorist. According to the Cato Institute, there was not a single case of an American being killed in a terrorist attack in this country by a person born in Iran — or any of the other six countries specified in the Executive Order. Iranians were not among the perpetrators of 9/11 or the Oklahoma City bombings or the nightclub killings in Orlando, Florida, or any of the other horrific acts of terror that have taken place in the United States. To the contrary, Iranian Americans were counted among the victims in San Bernardino, as well as among the first responders on the scene.

“Today, with this joint action, we show our strong opposition to the blanket ban on Iranian nationals to the U.S., which will not make us safer, and would not have prevented acts of terrorism.

“Under our nation’s laws there can be no discrimination based on national origin. The United States Constitution requires even the President to provide Due Process and Equal Protection under the law, and to follow the First Amendment’s Establishment Clause. We filed the suit today in federal court to uphold the best of American principles that motivated our families to make enormous sacrifices to join a nation that stands for freedom and equal opportunity free from discrimination.

“We deeply thank the attorneys at Mehri & Skalet, the Lawyers’ Committee for Civil Rights and APKS for tirelessly working around the clock to develop and file this action.”

To learn more about the lawsuit or to sign up to receive email updates about the case, visit www.EndtheTravelBan.com.

For more information about the organizations, visit Pars Equality Center, the Iranian American Bar Association, the National Iranian American Council, and the Public Affairs Alliance of Iranian Americans.

Executive Order Press Call Advisory

MEDIA ADVISORY
Contact: Aurora Matthews, 301-221-7984 or
Christy Setzer, christy@newheightscommunications.com

IRANIAN-AMERICAN ORGANIZATIONS WHO FILED FEDERAL
LAWSUIT OVER TRUMP TRAVEL BAN HOLD PRESS CALL

Lawyers, Representatives Hold Press Call on Thursday, Feb 9 at 11 a.m. ET

WASHINGTON, D.C. – Representatives from prominent Iranian-American organizations and their counsel will hold a press call on Thursday, February 9 at 11 a.m. ET to discuss their joint action filed in federal court to stop the Trump Administration’s Executive Order banning nationals from Iran and six other predominantly Muslim nations from entering the U.S.

The lawsuit was filed by Iranian-American civil rights lawyer Cyrus Mehri, partner of Washington, DC-based firm Mehri & Skalet, PLLC; the Lawyers’ Committee for Civil Rights Under Law; and pro bono counsel, Arnold & Porter Kaye Scholer on behalf of the Pars Equality Center, the Iranian American Bar Association, the National Iranian American Council, and the Public Affairs Alliance of Iranian Americans.

Speakers on the press call will include:

• Moderator: Cyrus Mehri, Partner, Mehri & Skalet, PLLC
• Kristen Clarke, President and Executive Director, Lawyers’ Committee for Civil Rights Under Law
• Nazy Fahimi, Senior Legal Director, Pars Equality Center (Pars)
• Leila Mansouri, President, Iranian American Bar Association- DC (IABA)
• Shayan Modarres, Counsel, National Iranian American Council (NIAC)
• Leila Golestaneh Austin, Executive Director of the Public Affairs Alliance of Iranian Americans (PAAIA)
• John Freedman, Partner, Arnold & Porter Kaye Scholer

Approximately one million people of Iranian descent live in the United States. The joint action calls President Trump’s Executive Order unlawful and says it discriminates against the Iranian-American community by unfairly and improperly categorizing them as terrorists. According to the Cato Institute, there was not a single case of an American being killed in a terrorist attack in this country by a person born in Iran — or any of the other six countries specified in the Executive Order.

To join the call, please RSVP to aurora@newheightscommunications.com.