Travel Ban, ‘Extreme Vetting’ Challenge Gets Class Status

Bloomberg Law’s combination of innovative analytics, research tools and practical guidance provides you with everything you need to be a successful litigator.

By Perry Cooper

Immigration applicants challenging the U.S. policy of “extreme vetting” and the so-called travel ban will proceed as a class ( Wagafe v. Trump , 2017 BL 213062, W.D. Wash., No. 17-94, 6/21/17 ).

The applicants challenge the Controlled Application Review and Resolution Program, an allegedly secret and unlawful government program.

The policy imposes criteria to determine when an individual should be labeled a “national security concern.” The applicants allege the criteria “are vague and overbroad, and often turn on discriminatory factors such as religion and national origin.”

The suit was originally filed before President Donald Trump’s executive order temporarily banning immigration from certain majority-Muslim countries. After the order was issued, the applicants added allegations that the travel ban “sanctions a major expansion” of the review program.

The Supreme Court is considering whether to revive the travel ban, which has been put on hold by two lower federal courts. A decision is expected any day.

The U.S. District Court for the Western District of Washington June 21 certified the case as a class action and largely rejected the government’s motions to dismiss the suit.

Judge Richard A. Jones wrote the opinion.

Northwest Immigrant Rights Project; Perkins Coie; American Civil Liberties Union and others represented the applicants.

Attorneys from the Department of Justice represented the government.

To contact the reporter on this story: Perry Cooper in Washington at pcooper@bna.com

To contact the editor responsible for this story: Steven Patrick at spatrick@bna.com

For More Information

Full text at http://src.bna.com/p7O.

Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.

Request Litigation on Bloomberg Law