Legal Update on First Amendment Case

ravi-1st

LEGAL UPDATE:

Federal Appeals Court Grants Immigrant Rights Activist Ravi Ragbir Stay of Removal

On November 1, 2018,  the U.S. Court of Appeals for the Second Circuit granted Ravi Ragbir a stay of removal days after hearing oral argument in Ragbir v. Homan, a First Amendment challenge to retaliation by U.S. Immigration and Customs Enforcement (ICE) against immigrant rights activists. The court has not yet issued a ruling on the First Amendment claim. The stay ensures that Mr. Ragbir will not be deported while the case is pending.

Mr. Ragbir, Executive Director of the New Sanctuary Coalition, was abruptly detained by ICE in January 2018 for deportation based on a decade-old deportation order. A federal court in New York ordered Mr. Ragbir’s release later that month, and a federal court in New Jersey ordered a stay of removal in a pending case challenging the conviction underlying Mr. Ragbir’s deportation order. ICE has continued, however, to pursue Mr. Ragbir’s deportation, requiring him to report “for removal” if no stay was in place.

In February 2018, Mr. Ragbir, joined by New Sanctuary Coalition, CASA, Detention Watch Network, National Immigration Project of the National Lawyers Guild, and New York Immigration Coalition, sued ICE, arguing that ICE’s actions against Mr. Ragbir and other immigrant activists violated the First Amendment. In May 2018, after a federal court denied the plaintiffs’ request for preliminary protections pending the First Amendment litigation for Mr. Ragbir, the plaintiffs appealed to the Second Circuit and sought a stay while  appeal is pending. The Second Circuit granted a stay on November 1, 2018.

For further information on Mr. Ragbir’s case, please visit: https://istandwithravi.org/category/legal-updates/

###

 

Media Advisory: Federal Appeals Court Set to Hear Oral Argument on Ragbir v. Homan, a First Amendment Case Challenging ICE’s Targeting of Immigrant Rights Activists

325px-Thurgood_Marshall_United_States_Courthouse_WTM3_NYU_FC_0026For Immediate Release

***Media Advisory***

New York, NY: On Monday, October 29, 2018, at 10 a.m., the U.S. Court of Appeals for the Second Circuit will hear oral argument in Ragbir v. Homan, a First Amendment case challenging the government’s retaliation against immigrant activists for speaking out against immigration policies. The plaintiffs of Ragbir v. Homan seek, among other things, a court order restraining the government from deporting and otherwise targeting immigrant activists based on their protected political speech.

The Government’s attempt to silence its critics is exemplified by its targeting of New York immigrant rights leader, Ravi Ragbir, who was surveilled, arrested, and flown to Florida for deportation, in defiance of the government’s own regulations, protocol and procedure. This targeting and retaliation of its critics is unconstitutional and has a chilling effect on all those who would speak out against the Government, both citizen and noncitizen alike.

Numerous immigrant rights groups, faith leaders, elected officials, and directly impacted individuals have submitted briefs in support of the plaintiffs in this case. Their briefing is available at https://istandwithravi.org/category/legal-updates/

Stanton Jones of Arnold & Porter will deliver oral argument in the case.  After oral argument, attendees and community members will gather outside of the courthouse for a press conference, featuring key figures in the lawsuit and in the community, including Mr. Ragbir, Mr. Jones and other members of Mr. Ragbir’s legal team, faith leaders, and The Hon. Tish James, Public Advocate for the City of New York.

What: A court hearing and press conference about whether the government can retaliate against people who speak out against immigration policies by targeting and deporting them.

When: Monday, October 29, 2018 at 10 a.m. (Ragbir v. Homan is the fourth case scheduled that morning)

Where: U.S. Court of Appeals for the Second Circuit, 40 Foley Square, Room 1703, New York, NY. A press conference will follow immediately after argument in Foley Square.

###

Media Advisory: New Sanctuary Coalition and NYU Immigrant Rights Clinic to Hold First Amendment Teach-in

LafayetteAvPresExt1For Immediate Release

***Media Advisory***

(New York, NY) On Thursday, October 25, the New Sanctuary Coalition and NYU Immigrant Rights Clinic will hold a teach-in about the First Amendment rights of immigrants who speak out against the injustices and inhumanity of our immigration system.

Hosted at a Brooklyn church founded as a “temple of abolition” against slavery, the teach-in will be held in anticipation of an upcoming First Amendment case, Ragbir v. Homan, that will be heard in the Circuit Court of Appeals for the Second Circuit early next week. The plaintiffs of Ragbir v. Homan seek, among other things, a court order restraining the government from deporting and otherwise targeting immigrant activists based on their protected political speech.

Thursday’s teach-in will unpack immigrants’ constitutional right to free speech, even as the government lashes out against immigrant rights leaders and activists.

Ragbir v. Homan was filed by nationally recognized immigrant rights activist Ravi Ragbir, along with immigrant rights organizations New Sanctuary Coalition, CASA, Detention Watch Network, National Immigration Project of the National Lawyers Guild, and the New York Immigration Coalition (the “plaintiffs”).

Who: Speakers will include Congresswoman Yvette ClarkeRev. Kaji Douša, Senior Pastor at The Park Avenue Christian Church; Ravi Ragbir, Executive Director of New Sanctuary Coalition; Ramya Krishnan, Staff Attorney at The Knight First Amendment Institute at Columbia University; and William Perdue, Associate at Arnold & Porter. The teach-in will be followed by a Know Your Rights training for activists and public art program.

What: A First Amendment Teach-in, held in anticipation of a court hearing  about whether the government can retaliate by detaining and deporting people who speak out against immigration policies.

When: Thursday, October 25, 6:00PM – 9:00PM

Where: Lafayette Avenue Presbyterian Church, a church founded as a temple of abolition in the 1850’s. 85 S. Oxford St, Brooklyn, NY 11217

10/25 in Brooklyn: First Amendment Teach-In

FirstAmendmentTeachInImmigrant rights are under attack. How does the First Amendment protect immigrants who speak out against the injustice of the deportation system? How do we ensure that we protect the rights of all of our community members when we make our voices heard? Join us at Lafayette Avenue Presbyterian Church, a church founded as a temple of abolition in the 1850s, to learn about these issues and an upcoming First Amendment case, Ragbir v. Homan, that will be heard in federal court later this month.

Speakers include:

  • Rev. Kaji Douša, Senior Pastor at The Park Avenue Christian Church
  • Ravi Ragbir, Executive Director of New Sanctuary Coalition
  • Ramya Krishnan, Staff Attorney at The Knight First Amendment Institute at Columbia University

The teach-in will be followed by a Know Your Rights training for activists and a public art project. This event is sponsored by the New Sanctuary Coalition and NYU Immigrant Rights Clinic. Co-sponsors include NYU Sanctuary Coalition, Law@theMargins, and Jaime Lucero Mexican Studies Institute at The City University of New York Lehman College.

WHEN
October 25, 2018 at 6pm – 9pm
WHERE
Lafayette Avenue Presbyterian Church
85 S Oxford St
Brooklyn, NY 11217
United States

Facebook-Events1-300x156

Taller Sobre La Primera Enmienda:

¿QUIÉN TIENE LA PALABRA? ¡NOSOTROS! LOS DERECHOS DE LOS INMIGRANTES Y SU PRIMERA ENMIENDA

Los derechos de los inmigrantes están bajo ataque. ¿Cómo podemos proteger el derecho de los inmigrantes para organizarse en contra de las injusticias del sistema de deportación? ¿Cómo podemos proteger los derechos de todos los miembros de nuestra comunidad cuando quieren expresarse? Únanse a nosotros en la Iglesia Presbiteriana de Lafayette Avenue, una iglesia fundada como templo de la abolición en la década de 1850, para conocer sobre estos temas y el caso de la Primera Enmienda, Ragbir v. Hofman, que se escuchará en una corte federal a finales de este mes.

Los presentadores incluyen:

  • Rev. Kaji Douša, Pastor principal de la iglesia Cristiana de Park Avenue
  • Ravi Ragbir, Director Ejecutivo de New Sanctuary Coalition
  • Ramya Krishnan, Abogada del Instituto Knight de la Primera Enmienda en la Universidad de Columbia

El taller será en inglés y se ofrecerá interpretación simultánea.
Después del taller habrá una capacitación de los derechos de los activistas y un proyecto de arte público. Este evento está patrocinado por New Sanctuary Coalition e Internado sobre los Derechos de Inmigrantes de NYU.

¿CUÁNDO?
Octubre 25, 2018 de 6pm – 9pm
¿Dónde?
Lafayette Avenue Presbyterian Church85 S Oxford StBrooklyn, NY 11217

Legal Update: Ravi and Immigrants’ Rights Organizations File Reply Brief in First Amendment Lawsuit

On Friday, October 5, 2018, Ravi and immigrants’ rights organizations (the “Appellants”) filed their reply brief in Ragbir et al., v. Homan et al. The brief—which outlines the outrageous and unlawful targeting of Mr. Ragbir and other immigrant rights’ activists in retaliation for their vocal opposition to our broken immigration system—was filed in anticipation of oral argument which is schedule for Monday, October 29, 2018 at 10:00am before the U.S. Court of Appeals for the Second Circuit. Community members are encouraged to attend.

In addition, and preceding oral argument, the NYU School of Law Immigrant Rights Clinic and Mr. Ragbir’s Defense Committee, will be hosting a First Amendment Teach-In entitled, Whose Speech? Our Speech! Immigrant Rights and the First Amendment, in anticipation of oral argument on Thursday, October 25, 2018 from 6pm – 8pm. The teach-in will be held at Lafayette Avenue Presbyterian Church in Brooklyn, New York, a church founded as a temple of abolition in the 1850s, which served as a stop on the Underground Railroad. Details and speaker bios forthcoming.

Link to Reply Brief: https://ravidefense.files.wordpress.com/2018/10/ragbir-ca2-merits-reply-10-05-18.pdf

Five Amicus Briefs Filed in Support of Ravi Ragbir and Immigrant Rights Groups

New York, NY —  In response to the targeting of immigrant rights activists by the U.S. Department of Homeland Security Immigration and Customs Enforcement, numerous faith leaders, religious institutions, elected officials, civic organizations, and legal scholars have filed legal briefs with a federal appeals court in Ragbir v. Homan to condemn the government’s violation of the First Amendment.

These amicus curiae (“friend of court”) briefs support plaintiffs Ravi Ragbir, the New Sanctuary Coalition, CASA, Detention Watch Network, the National Immigration Project of the National Lawyers Guild, and the New York Immigration Coalition.

The lawsuit before the U.S. Court of Appeals for the Second Circuit seeks a preliminary and permanent injunction restraining the government from taking further action to effectuate a deportation order against Mr. Ragbir, the Executive Director of the New Sanctuary Coalition and an outspoken advocate for immigrants’ and human rights.

There remains a case pending before the Federal District Court for the Southern District of New York, which also seeks a preliminary and permanent injunction restraining the government from selectively enforcing immigration laws against individuals based on protected political speech.

The law firm Patterson Belknap Webb & Tyler LLP filed an amicus brief on behalf of over 60 faith leaders and 6 religious institutions and membership organizations; the firm of Covington & Burling LLP filed an amicus brief on behalf of 35 local, state and federal elected officials; and the law firm of Kirkland & Ellis filed on behalf of 25 organizations from across the United States dedicated to organizing communities struggling with burdens imposed by immigration laws and policies.

Rutgers Law School International Human Rights Clinic filed an amicus brief on behalf of Emilio and Oscar Gutiérrez-Soto, political asylum seekers detained for nine months by ICE, and released only after a federal court in Texas found sufficient “temporal proximity” between amici’s political speech and ICE’s detention and attempted deportation of them.

In addition, First Amendment scholars at the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center, the Knight First Amendment Institute at Columbia University and the Roderick & Solange MacArthur Justice Center filed an amicus brief arguing that the use of deportation as a retaliatory tool against nonviolent activists, like Mr. Ragbir, is outrageous and the kind of conduct that the U.S. typically condemns.

Oral argument in the case has been set in the Second Circuit, located at 40 Foley Square, for October 29, 2018. Plaintiffs encourage members of the community to attend. For more information and updates, please visit istandwithravi.org.