Bernabei & Kabat Files Amicus Brief with the Supreme Court in the Travel Ban Case

Bernabei & Kabat, on behalf of 14 civil rights organizations, filed an amicus brief with the Supreme Court in the travel ban case, Trump v. Hawaii. Their amicus brief argues that discrimination and stereotyping improperly motivated the travel ban:

In promotion of their interests, Amici respectfully submit this brief to advance a key argument in support of affirming the lower courts' rulings granting the plaintiffs' request for injunctive relief. Amici submit that the balance of equities and public interest weigh heavily in favor of enjoining President Trump's September 24, 2017 Executive Order, "Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats" (the "Executive Order"), because it improperly promotes social categorization and stereotyping that endangers the lives and well-being of individuals of the Muslim faith. The Executive Order is the product of several centuries of Muslim stereotyping in this country, and harms even those who are not the direct victims of specific attacks on immigrants. Here, the evidence demonstrates that, regardless of the Government's post-hoc explanations, the Executive Order was motivated by animus toward Muslims and improperly singled out, as a proxy, those born in the targeted majority-Muslim countries.