Yemeni immigrants prevail in lawsuit challenging Trump’s executive order
BY ANDY FURILLO
In another legal ruling against President Donald J. Trump's executive order suspending immigration from seven predominantly Muslim countries, a federal judge in Los Angeles signed an order Tuesday night blocking the government from denying entry to anyone from the affected countries who has a valid visa.
U.S. District Judge Andre Birotte Jr. granted a temporary restraining order and preliminary injunction sought by attorneys who were representing 28 plaintiffs from Yemen who have been held in transit in Djibouti since Trump signed his order on Friday. Plaintiffs lawyers said they represent an estimated 200 clients, including United States citizens, lawful permanent residents, and relatives who obtained visas after undergoing what they claim was an "extreme" vetting process that included security background checks.
Birotte’s order, however, went beyond the 28 plaintiffs to include "any other person from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen with a valid immigrant visa." The number of such immigrants is believed to be an estimated 90,000.
The ruling by Birotte followed similar orders issued by federal judges in Brooklyn, Boston, Seattle and Alexandria, Va. It specifically applies to a lawsuit filed Tuesday in U.S. District Court in Los Angeles on behalf of 28 plaintiffs who the action claims "are United States Citizens and their alien relative beneficiaries (spouses and children) of immigrant visas to the United States."
The lawsuit was filed by attorneys Julie Ann Goldberg and Daniel Covarrubias-Klein. Goldberg is an immigration lawyer with offices in New York and Los Angeles who for two years has been working in Djibouti, an African country located across the Gulf of Aden from Yemen. Besides the Los Angeles suit, Goldberg also has filed an immigration action in the U.S. Eastern District of California, headquartered in Sacramento, on behalf of several clients in Fresno. The Fresno suit was filed last week under seal before Trump issued his executive order.
Goldberg said in an interview on Monday that her clients are a mixture of Yemeni-American U.S. citizens, some of whom have been working in the United States for a decade or more, and their families that had remained in their native country. Many of the people who had been left behind have since departed Yemen due to the country's ongoing civil war, Goldberg said.
"I have a bunch of children who cannot be with their parents, so many that are being separated," Goldberg said. "I have 3-year-old children who are all by themselves, and I can't get them out. Their mom and dad are lawful permanent residents. I've got a 6-year-old whose parents are U.S. citizens, but the child can't get a visa. The worst thing about the executive order is that it affects the women and children of U.S. citizens."
Goldberg's Los Angeles suit says the executive order "runs afoul of several fundamental components" of the United States Constitution and other statutory provisions of law. She wrote that some of her clients are spending between $5,000 and $8,000 a month while in transit in Djibouti and that they can't go back to Yemen "because doing so will put them at extreme peril given the bloody civil war currently raging in that country."
The suit said her non-citizen clients have paid fees and "have undergone and followed the thorough policies, procedures and background investigations in order to procure the immigrant visas issued to them."
One of Goldberg's clients, Murad Khaled Ali, is a United States citizen living in Fresno and is enrolled in a Master’s degree program in a marriage and family counseling, the lawyer said. Ali "has been living in Djibouti for the past week in anticipation of her Yemeni husband's (visa) appointment and is now stuck in Djibouti indefinitely as a result of the Executive Order." The lawsuit said the husband has been awaiting his visa appointment for two years.
In their request for a restraining order and injunction, the plaintiffs charge that the executive order violates their equal protection, due process, liberty and property interests under the Fifth and Fourteenth amendments. It also says that the order unlawfully singles out Muslims for an immigration ban while allowing Christians to come into the United States from the seven affected mostly-Muslim countries – Syria, Iran, Lybia, Iraq, Sudan and Somalia, as well as Yemen.
The complaint also raises the issue of Trump's business interests and charges that his executive order violates the U.S. citizen plaintiffs' rights as "being adversely impacted by defendant Trump's violation of the Emoluments Clause" of the constitution. While the president has no business interests in any of the seven countries affected by the immigration suspension, he does have them in other Muslim countries that did not come under the order, such as Egypt, Saudi Arabia, Indonesia, the United Arab Emirates and Turkey.
"Potential terrorist threats emanating from the latter list of middle eastern/Muslim majority countries – where the president has financial interests – are factually and quantitatively greater than those threats emanating from the seven countries on which the freeze has been implemented," the suit said. "Defendant Trump's signing of the Executive Order to the detriment of plaintiffs and those similarly situated, but also to protect his own personal financial interests abroad – which include presents and/or emoluments being made to him from foreign governments and/or their agents, servants, officers, employees or other persons acting in participation or concert with them, or under their direction and/or command – constitutes a violation of the Emoluments Clause."
Trump's executive order "protecting the nation from foreign terrorist entry into the United States" suspended the issuance of visas" and other immigration benefits" to the seven countries pending a multi-agency review to determine if anyone trying to immigrate from the affected nations is a security threat.
The immigration suspension is scheduled to last 90 days. The order also suspended refugee admissions from all countries for 120 days pending a review of that program.