On February 16, 2017, Lieff Cabraser filed an amicus brief on behalf of Public Justice and Impact Fund in Darweesh, et al. v. Trump, et al. in the United States District Court for the Eastern District of New York in support of the current stay on President Trump’s January 27, 2017 Executive Order restricting entry to the United States.
Darweesh was brought by individuals who had been approved for entry into the U.S. (including for refugee status) but were detained at the border as a result of President Trump’s Order. The lead plaintiff is a man who served as an interpreter for the U.S. Army for 10 years, starting during the 2003 war in Iraq, and who — with his family — had been subjected to death threats as a result.
Darweesh was the first case in which a judge issued a stay on the travel ban, and is different from the recent Seattle immigration case where a stay on President Trump’s ban was upheld by the Ninth Circuit because Darweesh is a class action filed on behalf of the affected individuals, while the Ninth Circuit Seattle case was brought by States.
As the Darweesh amicus brief notes,
This case exemplifies the need for class actions to vindicate important rights. It would be difficult, if not impossible, to attempt to combat the detention and removal of large numbers of people at airports across the country by filing individual habeas petitions. Without the ability to proceed as a class—and obtain class-wide relief—many of those affected by the executive order would simply be unable to protect their rights.
We are proud of the opportunity to provide expertise and support to Public Justice, Impact Fund, and the named plaintiffs and putative class members in this case.