Bernabei & Kabat Continues to Submit Amicus Briefs Challenging the Travel Ban

Bernabei & Kabat have continued to submit amicus briefs on behalf of a number of civil rights organizations who are supporting the plaintiffs in ongoing challenges to the Administration's "travel ban" Executive Orders. Our briefs drew upon our background in employment and civil rights law to argue that stereotyping of immigrants on the basis of their religion not only reflected discriminatory bias, but also can result in harm to the affected individuals and to society as a whole, including through encouraging discrimination and violence against minorities.

In the most recent round of litigation, we submitted amicus briefs in late 2017 to the U.S. Courts of Appeal for the Fourth and Ninth Circuits, and the U.S. District Court for the Western District of Washington. On December 22, 2017, the Ninth Circuit issued its decision in favor of the plaintiffs, and the court favorably cited our brief: "Amici persuasively cite to increased violence directed at persons of the Muslim faith as one of the Proclamation's consequences." On January 5, 2018, the government filed a cert petition with the U.S. Supreme Court - assuming that certiorari is granted, we will continue to support the plaintiffs and we expect a decision by this summer.