November 17, 2017

Mayors Emanuel, De Blasio, Garcetti, Kenney & Walsh File Another Legal Brief Against President Trump’s Travel Ban

U.S. Conference of Mayors, 34 cities and counties continue to oppose the President’s attempts to restrict travel into the United States

Mayor's Press Office    312.744.3334

Chicago Mayor Rahm Emanuel, New York Mayor Bill de Blasio, Los Angeles Mayor Eric Garcetti, Philadelphia Mayor Jim Kenney and Boston Mayor Martin Walsh today announced the Cities of Chicago, New York City, Los Angeles, Philadelphia, Boston, 29 other cities and counties and the U.S. Conference of Mayors have filed another friend-of-the-court (amicus) brief, this time to the U.S. Circuit Court of Appeals for the Fourth Circuit, opposing President Donald Trump’s latest attempt to restrict travel into the United States. The brief supports immigrant rights groups and individuals who are challenging the Trump administration’s latest effort to restrict travel from several majority-Muslim nations, this time issued by proclamation instead of by executive order.

“America has been a beacon of hope to immigrants and refugees of every faith and nationality throughout our history,” said Mayor Emanuel. “The United States is stronger and more successful when we welcome those who seek a better life in our great country, not when we turn people away. President Trump’s travel ban is rooted in discrimination and fear, it is illegal and unconstitutional, and I am proud to stand with leaders from coast to coast in opposition to this unlawful, misguided policy.”

“Our nation is stronger by the virtue of our diversity,” said Mayor de Blasio. “These repeated attempts to bar entry of our Muslim brothers and sisters do not make us safer and are an embarrassment to these long held values. Immigrant communities make essential contributions to our cities’ civic life and economic vitality. New York City is proud to continue holding a firm stance against the travel ban, alongside cities and municipalities across the country.”

"No one should ever be turned away from this country because of their faith or nationality," said Mayor Garcetti. "Mayors will continue leading with equality and justice, and we will not give in to this un-American assault on our values."

“The ban appears to be solely motivated by anti-Muslim sentiment and not by any evidence that this policy will strengthen our national security. It weakens Philadelphia’s public safety and economic health,” said Mayor Kenney. “This ban instills unnecessary fear in our immigrant populations, who, statistically, are less likely to commit violent crime. If immigrants are too afraid to cooperate with police, then it becomes that much harder for our officers to solve the violent crimes Philadelphians face on a daily basis. Furthermore, this ban sends a harmful message to the immigrants who have helped our economy grow, and the visitors we wish to welcome to our City. At least one conference has already cited this ban as a reason to go abroad rather than come to Philadelphia.”

"Boston is proud of its immigrant heritage,” said Mayor Walsh. “We know immigrants and their families play a vital role in our economy, culture and overall identity in this city and across our country. The United States is rooted in the freedom to practice one's faith; and I am proud to stand with my fellow mayors as we continue to welcome people from all countries, regardless of their religion, and voice our opposition to this discriminatory travel ban." 

On September 24, President Trump issued a proclamation placing new travel restrictions on immigration by all or certain people from eight countries – Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen. Six of these seven countries are Muslim-majority countries. This action followed two failed attempts by President Trump earlier this year to restrict immigration from six or seven majority-Muslim countries, including five that are still on the list. Judges in both Maryland and Hawaii have enjoined the latest attempt, and the U.S. Justice Department has appealed in an attempt to reverse those injunctions.

In addition to the U.S. Conference of Mayors, Chicago, New York City, Los Angeles, Philadelphia and Boston, Alexandria, Austin, Baltimore, Brighton, Carrboro, Central Falls, Cook County, Evanston, Gary, Iowa City, Ithaca, Madison, Minneapolis, Montgomery County (Maryland), Nashville, New Haven, Oakland, Pittsburgh, Portland, Providence, Rochester, Saint Paul, San Jose, San Francisco, Santa Clara County, Seattle, Skokie, South Bend, Tucson and West Hollywood, have also signed the amicus brief. The brief argues that the proclamation constitutes unlawful discrimination based on religion and nation origin, and that applying the restriction against the individuals from two non-Muslim countries – North Korea and Venezuela – is just window dressing. This third travel ban is just as unlawful as previous iterations because it contains the same anti-Muslim, anti-immigrant actions contained in earlier proposed bans.

Today’s filing is the sixth brief Chicago, New York, Los Angeles, Philadelphia, Boston and other cities and counties have filed against President Trump’s attempts to restrict travel into the United States.

The City’s brief was prepared with the pro bono assistance of several attorneys of the law firm Riley Safer Holmes & Cancila LLP, which has offices in Chicago, New York and San Francisco. 

The recent legal action is one of several actions the Emanuel Administration has taken since the November election to reiterate Chicago’s status as a welcoming City.

Among these, to provide legal assistance to vulnerable Chicago residents, the city created a Legal Protection Fund, pledging $1.3 million to the fund to integrate legal support from attorneys with community navigators rooted in Chicago's many ethnic communities to provide outreach, education and assistance to immigrant families across Chicago.

In August, Mayor Emanuel and the City of Chicago filed a federal lawsuit to prevent President Trump’s Justice Department from making a federal crime prevention grant that is critical to public safety efforts conditional on unrelated and unlawful immigration enforcement actions. In September, a federal judge granted a nationwide preliminary injunction against Attorney General Jeff Sessions in the case. In his ruling, U.S. District Judge Harry Leinenweber agreed with the City that the federal government has no authority to require the City to provide 48 hours advance notice to the federal government before releasing a suspected undocumented immigrant from custody, or to require the City to grant unlimited access to City lockups for federal immigration officials to interrogate suspected undocumented immigrants.

Earlier this fall, Mayor Emanuel called on Illinois Governor Bruce Rauner and the Illinois General Assembly to establish an Illinois Dreamers Bill of Rights. The bill would enshrine certain protections for Deferred Action for Childhood Arrivals (DACA) – also known as Dreamers – guaranteeing them access to state financial aid and scholarships, professional licenses and certifications for jobs and additional protections against deportation.

Mayor Emanuel, U.S. Senator Dick Durbin and Congressman Luis Gutierrez also launched a new “Chicago is With You” task force that is collaborating on mental health, legal services, employer communications, and education policies to ensure the City is delivering comprehensive services to immigrants, refugees and other disenfranchised communities.

Since taking office, Mayor Emanuel has launched a series of initiatives that improve the immigrant community’s access to services, expand new and existing immigrant businesses, and welcome and celebrate Chicago’s diverse immigrant communities. These initiatives include launching the Cities for Citizenship Campaign with the Mayors of New York City and Los Angeles, which has grown into a bipartisan effort which works with 30 city and county leaders across America.

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