Dear Community Members, Friends, and Supporters,
Assalamu Alaykum.
This week, our office filed a new legal challenge, PARS Equality Center, et al. v. Pompeo, et al., to the waiver component of the Muslim Ban. While our goal is for there to be no Muslim Ban ever, after the U.S. Supreme Court ruling in June we knew it was important to challenge the waiver process in order to provide our community with recourse and a meaningful opportunity to pursue visas for their relatives.
This class action lawsuit challenging the Muslim Ban waiver process was filed on behalf of organizational plaintiffs, OneAmerica and Pars Equality Center, as well as 15 individual plaintiffs from all of the Muslim-majority countries subject to the Ban, with Asian Americans Advancing Justice - Asian Law Caucus, Iranian American Bar Association, Lane Powell PC, National Immigration Law Center, and Arnold & Porter LLP, in partnership with CAIR Washington.
Because the Muslim Ban is in effect, the only way for someone who is subject to the ban to receive a visa is to obtain a waiver. Unfortunately, countless individuals and families have been denied a visa and a waiver under the Muslim Ban without notice of the process, an opportunity to submit evidence, or consideration under the waiver scheme.
According to the State Department, only 2% of applicants have received waivers and
former U.S. consular officials have called the process "fraudulent."
This lawsuit seeks to hold the Trump administration accountable for its failure to implement a good-faith, lawful, and constitutional waiver process so that families who qualify for waivers under the terms of the Proclamation actually receive them and are issued visas.
The Muslim Ban and associated waiver process is another poorly implemented, anti-immigrant policy put forth by this administration tearing families apart.
The waiver process is the last remaining hope and avenue for individuals - many of whom have U.S. citizen relatives or other compelling reasons to be here - from entering the U.S. to be reunited. Many families from Iran, Syria, Libya, Somalia, and Yemen are devastated as their relatives have been denied visas after waiting in some cases as long as 15 years.
This includes, families like the Raghebi's who were married almost seven years ago and together ran a successful small business until Mr. Raghebi, an Iranian national, was forced to leave the United States for consular processing abroad and is now stuck in Turkey because of the ban. It also includes many local families from Yemen who have applied for visas for their parents, spouses, and children, and fear for their safety in Yemen where there is an active civil war.
If you have questions about the Ban, be sure to review our Know Your Rights materials in English, Arabic, Farsi, Somali, and Urdu. Additionally, if you or someone you know is impacted by the Muslim Ban you can contact our office through this form to speak with myself or another member of our legal team for a free assessment and assistance.
In solidarity and struggle,
Brittney Rezaei
Immigrants' Rights Attorney
