The city of Los Angeles announced Friday it is aligning itself with New York and other municipalities opposed to President Trump’s travel ban, joining an amicus brief in Darweesh v. Trump.
“Los Angeles continues to be at the forefront in the battle to uphold basic constitutional values that protect all our residents,” City Attorney Mike Feuer said. “I’m proud our office is standing up for fundamental rights with this broad coalition of cities. We offer a unique and significant perspective in support of the court’s injunction.”
The Darweesh named in the suit is Hameed Darwish, an Iraqi who worked for the U.S. military and whose life is at risk as a result, according to the American Civil Liberties Union. He had a valid visa to enter the U.S. but was nonetheless detained when he arrived in late January.
The state of California also has joined an amicus brief in the case.
Some city leaders applauded Feuer’s move.
“Los Angeles is at the forefront of a movement to defend American values and support immigrant communities,” Mayor Eric Garcetti said. I thank City Attorney Feuer for his leadership, and stand committed to doing everything in my power to make sure that all Angelenos’ rights are respected and upheld.”
City Council President Herb J. Wesson said, We are standing up to protect the intrinsic value of all people against an unconstitutional executive order fueled by ignorance and intolerance.”
Trump’s executive order on Jan. 27 created a three-month travel ban from seven predominantly Muslim nations, and refugees from Syria were to be banned indefinitely.
In a Feb. 3 ruling, a Seattle district judge temporarily invalidated Trump’s ban. That ruling was upheld Feb. 9 by the U.S. 9th Circuit Court of Appeals.
Hundreds of people or more were reportedly detained or deported from Los Angeles International Airport as a result of the travel ban. The ACLU said it was contacted by 329 people who were detained or said they had a relative who was detained, and some reported that Customs and Border Patrol agents deprived detainees of food and water, solicited bribes and confiscated their cell phones.
Feuer submitted a Freedom of Information Act request to the federal government this week asking for detailed information on the people who were detained.
“If the administration issues a new order, we must be vigilant in assuring it’s lawful — and fight it again if it’s not, Feuer said. In the meantime, it is imperative that injunctions blocking the current ban remain in effect.”
The brief makes a number of legal arguments against the executive order, including that it deprived individuals of due process.
“The Due Process Clause of the Fifth Amendment requires that government provide an individual with due process before that person is deprived of a liberty interest,” the brief said.
The brief also said, “Procedural due process requirements apply to all persons physically present in the United States… and to certain lawful permanent residents seeking to reenter after traveling abroad… requiring that those individuals be provided notice and an opportunity to be heard before being denied admission or removed. Federal law, consistent with international treaties, further requires that a noncitizen at U.S. borders and ports of entry be given the opportunity to apply for asylum and for protection from return to a country where he or she will face torture or persecution.”
The White House has defended Trump’s order as a national security effort aimed at securing the country’s borders.
—City News Service