Paul, Weiss Files Amicus Brief on Behalf of Technology Companies in Successful Travel Ban Challenge

Paul, Weiss filed an amicus curiae brief on behalf of 58 leading high-tech companies in support of Hawaii’s successful motion blocking the implementation of President Trump's second temporary travel ban. The new Executive Order, temporarily banning the entry of nationals from six majority-Muslim countries and suspending the entry of all refugees, had been set to go into effect on March 16. But a federal district judge in Honolulu granted the State’s motion on March 15, putting the ban on hold nationally. The firm’s brief was mentioned in an article in the New York Times and USA Today.

Paul, Weiss was tapped to draft the amicus brief by the online funding platform Kickstarter, which initiated an effort that ultimately included 58 leading high-tech and software companies as amici. In their brief, the companies argued that, as with the first travel ban, the tech sector and many other U.S. businesses would be irreparably harmed by the new ban because of the importance of immigrants to the U.S. economy, and to the technology sector in particular. They also argued that the plaintiffs—the State of Hawaii and a named plaintiff, an Egyptian-American legal permanent resident married to a Syrian immigrant—would be likely to succeed on the merits of their case in demonstrating that the order violates the prohibition on nationality-based discrimination, is arbitrary, and exceeds presidential authority. The companies also argued that the new travel ban deprives individuals of their due process and constitutional rights.

In his decision, issued on March 15, U.S. District Judge Derrick Watson found that the plaintiffs had adequately demonstrated that the ban would cause financial and intangible damage to the named plaintiff, to the University of Hawaii system and to the state’s tourism economy to satisfy the requirements of standing. He also agreed with the plaintiffs and the amici that the plaintiffs had sufficiently established a likelihood of success on the merits of their claim that the order violated the Establishment Clause of the First Amendment. The Trump Administration has indicated that it intends to appeal the temporary restraining order of its Executive Order.

The Paul Weiss team included litigation partners Robert Atkins and Andrew Ehrlich and associates Kimberly Francis, Michelle Kallen, Rachna Shah, Pietro Signoracci and Amanda Sterling.

» read the amicus brief