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Muslim Advocates, et al. v. U.S. Department of State, et al. (No. 2)

Case Overview

Muslim Advocates sued the government to force it to comply with a Freedom of Information Act (“FOIA”) request seeking to compel the federal government to release critically important details about how an individual may obtain a case-by-case waiver from the provisions of Muslim Ban 3.0.

In light of the U.S. Supreme Court’s decision in Hawaii v. Trump upholding President Trump’s Muslim Ban, the case-by-case waiver process is the only way individuals impacted by the Muslim Ban can enter the United States. Yet, beyond some general representations about eligibility criteria, the government provided virtually no information about how the process for applying for a waiver works.

Because of how critical it is for impacted individuals to understand the process and criteria for waiver applications, Muslim Advocates filed a FOIA request asking for additional information about how the federal government intends to implement the case-by-case waiver provisions. The government failed to respond to this request.

As a result, on June 28, 2018, Muslim Advocates and the Center for Constitutional Rights filed a lawsuit in order to compel federal agencies, including the Departments of State and Homeland Security to release this vitally important information about the case-by-case waiver process.

Case Details

Date filed: June 28, 2018

Court(s): United States District Court for the District of Columbia

Co-Counsel: Center for Constitutional Rights

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