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Muslim Travel Ban

On January 27, 2017 and then again on March 6, 2017, President Donald Trump issued executive orders restricting entry to the U.S. of people from several majority-Muslim countries. We have submitted friend-of-the-court amicus briefs challenging the constitutionality of those orders in legal proceedings across the country.

Most recently, we filed a brief in the U.S. Supreme Court documenting the President’s extensive record of hatred toward people of the Muslim faith, as well as his various promises to curtail the rights of American Muslims. The brief directly confronts the Department of Justice’s suggestion that President’s promise to ban Muslims was simply a “campaign-trail comment” or an “informal remark.”  “The record shows that the President’s promise to restrict the entry of Muslims was made with remarkable specificity. Not only did he openly and repeatedly express his discriminatory intent, but he telegraphed that he would achieve it under the guise of a neutral order—by speaking in terms of ‘territories’ and ‘extreme vetting’ instead of ‘Muslims’ (just as he would later do). He also explained how he would get away with it.”

The brief also documents the President’s numerous statements of hatred, his dissemination of propaganda, and his express desire to persecute persons who practice Islam, including by shutting down mosques, surveilling and profiling Muslims, and creating a Muslim registry.

Finally, our brief situates the President’s actions within their historical context, drawing comparison to the U.S. government’s internment of Japanese-Americans during World War II: “The Government’s argument is not novel. It is the same line of argument it used advanced 70 years ago to convince [the Supreme Court] to uphold the internment of Japanese Americans in Korematsu [v. United States], now viewed as one of the most shameful decisions in American history.”  We urge the Court to avoid repeating the terrible mistake made in generations past.

To read the brief we most recently filed in the Supreme Court of the United States, click here.