The US Appeals court that will hear, and possibly rule on legal briefs filed by the government today has much material to go over, as 97 companies, including Apple, Facebook, Google and others Silicon Valley businesses filed briefs opposing the Trump ban.
The Trump Administration’s 90-day entry ban imposed on seven Muslim countries that bars individuals from those countries from entering the US is seen as discriminatory. Silicon Valley believes the ban is not only discriminatory, but is detrimental to their companies.
The brief states, “The Order represents departure from the principles of fairness and predictability that have governed the immigration system of the United States for more than fifty years – and the order inflicts significant harm on American business, innovation, and growth as a result.”
The brief’s argument also cites volumes of cases which have sided with defendants in the past, and therefore, has set a legal precedent against the action of the government. The brief states that “A Quarter of us have at least one parent who was born outside the country,” and “close to half have a grandparent born somewhere else.” We are, the brief states, “a nation of immigrants.”
The US has placed controls on those seeking to enter the country in the past without breaking away from America’s commitment of welcoming immigrants and refugees seeking protection from tyrannical regimes around the world.
Trump’s immigration directive, Executive Order No. 13769, barred individuals from seven nations from entering for 90 days, and indicates the directive could be lengthened. It allows waivers from the Department of Homeland Security at their discretion. In addition, the executive order suspends the refugee program for a period of 120 days, and if the Refugee Admissions Program resumes, HLS may prioritize refugee claims on the basis of religious-based persecution, “provided that the religion of the individual is a minority religion in the individual’s country of nationality.”
The claimants say the order is unconstitutional and discriminatory. It harms America’s firms by making it more difficult to compete in the international marketplace.
Moreover, the brief declares “People who choose to leave everything that is familiar and journey to an unknown land to make a new life necessarily are endowed with drive, creativity, determination – and just plain guts. The Energy they bring to America is a key reason why the American economy has been the greatest engine of prosperity and innovation in history.”
Other companies who signed on to the amicus brief include: Microsoft, Netflix, Twitter, Uber, Pinterest, Yelp, Reddit, Kickstarter, Mozilla, Dropbox and others.
While Amazon is not a party in the brief, its founder Jeffrey P. Bezos, also the owner of the Washington Post, supported the suit filed in Washington state against Trump’s executive order. Earlier, Bezos called the ban “discriminatory” and “disrupts ongoing business operations. And it threatens companies’ ability to attract talent, business, and investment to the United States.”