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November 28, 2017


Madigan & 15 AGs Argue Ban Harms States, Residents, Businesses

Chicago — Attorney General Lisa Madigan today filed an amicus brief with the U.S. Supreme Court opposing the federal government's third travel ban and the Department of Justice's application for a stay of a preliminary injunction halting enforcement of that ban.

The amicus brief, filed in Trump v. Hawaii, urges the Supreme Court to reject the Department of Justice's emergency stay application, which seeks a complete stay of the Hawaii district court's preliminary injunction against the third travel ban. The Ninth Circuit Court of Appeals recently declined to stay the portion of the injunction that prevented the federal government from implementing the third ban against individuals from six predominantly Muslim countries who have a bona fide relationship with a person or entity in the United States.

In part, the brief states:

"All of amici States benefit from immigration, tourism, and international travel by students, academics, skilled professionals, and businesspeople. The disputed provisions of the Proclamation like the previous bans significantly disrupt the ability of our States' public universities to recruit and retrain students and faculty, impairing academic staffing and research, and causing the loss of tuition and tax revenues, among other costs. The Proclamation also disrupts the provision of medical care at our hospitals and harms our science, technology, finance, and tourism industries by inhibiting the free exchange of information, ideas, and talent between the designated countries and our States, causing long-term economic and reputational damage. In addition, the ban has made it more difficult for us to effectuate our own constitutional and statutory polices of religious tolerance and nondiscrimination."

Attorney General Madigan has condemned the federal immigration executive orders and has filed 17 amicus briefs in five separate lawsuits challenging the constitutionality of the travel ban executive orders.

In addition to Madigan, the brief was joined by the attorney generals of California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, New Mexico, New York, Oregon, Rhode Island, Vermont, Virginia, Washington and the District of Columbia.

A copy of the amicus brief is available here.


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