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Illinois Attorney General Lisa Madigan
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June 12, 2017

ATTORNEY GENERAL MADIGAN & 16 ATTORNEYS GENERAL FILE AMICUS BRIEFS IN U.S. SUPREME COURT OPPOSING IMMIGRATION BAN

Chicago — Attorney General Lisa Madigan today joined a coalition of 17 attorneys general in filing amicus briefs in the U.S. Supreme Court opposing President Trump's immigration ban.

The case – IRAP v. Trump – was originally brought by the American Civil Liberties Union (ACLU) and the National Immigration Law Center (NILC). In March, a federal court in Maryland blocked key parts of President Trump's immigration ban. Last month, the Fourth Circuit Court of Appeals upheld the suspension of the ban. Just today, the Ninth Circuit upheld the injunction secured against the immigration ban in March in a federal district court in Hawaii.

"The immigration ban is discriminatory," Madigan said. "I filed these briefs today to protect Illinois residents, our educational institutions and employers from the harm caused by this executive action."

In the first brief filed today, Madigan and the attorneys general oppose the administration's petition for certiorari, arguing that the preliminary injunction against the immigration ban should be maintained and the Supreme Court should not review the decision at this point. Click here to read the brief opposing cert.

In the second brief filed today, Madigan and the attorneys general oppose the administration's request to allow the ban to go into effect pending appeal. Click here to read the brief opposing stay.

In opposing the administration's petition for certiorari and stay request, the states explain that allowing the ban to take effect would harm their people, institutions, and economies, including by inhibiting the free exchange of information, ideas, and talent between the six designated countries and the amici states, including at the states' many educa¬tional institutions; disrupting the provision of medical care at the states' hospitals; harming the life sciences, technology, health care, finance, and tourism indus¬tries, as well as innumerable other small and large businesses throughout the states; inflicting economic damage on the states themselves through both increased costs and immediately diminished tax revenues; and hindering the states from effectuating the policies of religious tolerance and nondiscrimination enshrined in their laws and state constitutions.

The states also argue that this is not the right time for the Supreme Court to hear this case because the travel ban expires Wednesday, making the case moot. The attorneys general ague the Court should follow its usual practice of awaiting a fully developed record that is better suited to Supreme Court review.

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

Joining Madigan in filing the briefs were attorneys general from: California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington and the District of Columbia.

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