January 26, 2023
Dear President Biden,
The undersigned immigrants' rights, civil rights and civil liberties, and community-based organizations are committed to protecting the rights of all people, including Muslim, African, Arab, Iranian, Middle Eastern, and South Asian communities. We write to urge you to provide relief to all who have been impacted by Trump's Muslim and African Bans that you rescinded on January 20, 2021. Directly impacted communities played a central role in fighting these discriminatory bans and courageously shared their experiences of family separation and the stigma of being marked as unwanted in this country to ensure that these bans would eventually be rescinded. We remain grateful to you for fulfilling your campaign promise of rescinding the bans on day one of your administration, and for acknowledging that they serve as a "stain on our national conscience." Without further action to provide relief beyond rescinding the bans, however, our communities continue to feel the immeasurable harms the bans have wrought since their inception. We have waited two years for your administration to take the appropriate steps to redress the harms, and now a federal court has directed your administration to create and implement a fair and effective visa reconsideration process for those denied visas because of the Muslim and African Bans. We urge you to take action immediately and comply with the spirit and letter of the court’s ruling.
At the end of the Trump administration, the Muslim and African Bans barred certain nationals from Burma (Myanmar), Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, Somalia, Sudan, Syria, Tanzania, and Yemen from entering the United States.. It was a moment of triumph and relief to see the bans rescinded. This relief, however, has been short-lived, as most of the families and individuals impacted by the bans remain separated. Over 41,000 visa applicants from the banned countries were denied visas due to the Muslim and African Bans. While we cannot quantify the harm to the countless number of people who were deterred from ever applying for visas while the bans were in place, it is crucial that this administration fulfill its promise to right the wrongs of the Trump administration by providing relief to those who applied for but either never received or were denied visas that they otherwise would have qualified for had the unjust bans never been imposed. We urge you to take immediate steps to provide meaningful relief to those harmed by the bans.
Following the United States District Court, Northern District of California, Aug. 1, 2022 order in the Pars Equality Center et al. v. Pompeo et al. and Emami, we ask the government to take the following steps to remedy the harms suffered by all applicants unjustly impacted by the Muslim Ban's unlawful waiver provisions:
Expeditiously establish a reconsideration process
The government should promptly identify and post to the Department of State’s website any updates that the government anticipates requiring from affected applicants.
The government should ensure that such updates do not effectively result in affected applicants being required to submit what amount to be new applications.
The reconsideration process should be made operational within four months from receipt of this letter
Applicants who seek reconsideration should receive a decision within sixty days of submitting the required updated information.
Applicants who were denied should be provided at least three years to seek reconsideration once the process is in place to seek reconsideration.
The reconsideration process should be at no cost to applicants
The reconsideration process should not impose any undue costs, and applicants should not be required to attend in-person re-interviews or incur any additional costs when reapplying.
The government should also reimburse travel expenses, where travel is necessary, for those rejected under PP 9645's unlawful waiver provisions.
Provide notice to affected applicants
The government should affirmatively notify all affected applicants of the opportunity to seek reconsideration and facilitate reapplication procedures for those affected applicants. The government should notify applicants of the reconsideration process within 4 months from receipt of this letter
Notices must clearly advise affected applicants that they are eligible to seek reconsideration, and all notices should clearly state that the reconsideration process will be at no cost to them.
It has been two years since the rescission of the bans, we strongly urge you to take the steps outlined above to provide long overdue relief to the thousands who remain harmed by them.
Sincerely,
No Muslim Ban Ever Campaign
18 Million Rising
AAAJ - Asian Law Caucus
African Communities Together
American Civil Liberties Union
American Friends Service Committee (AFSC)
American Muslim Advisory Council
American Muslim Bar Association
American-Arab Anti-Discrimination Committee (ADC)
Arab American Civic Council
Arab-American Family Support Center
Armenian-American Action Network
Asian Americans Advancing Justice | AAJC
Asylum Seeker Advocacy Project (ASAP)
CAIR California
CAIR Houston
CAIR-Chicago
Cair-Minnesota
CAIR-Philadelphia
CAIR-WA
CAN
Center for Security, Race and Rights
Church World Service
Coalition for Humane Immigrant Rights (CHIRLA)
Communities United for Status & Protection (CUSP)
Council on American-Islamic Relations (CAIR)
DRUM - Desis Rising Up & Moving
Eden United Church of Christ
Emgage Action
Georgia Muslim Voter Project
Human Rights First
ICNA Council for Social Justice
Immigration Hub
International Refugee Assistance Project (IRAP)
Iranian American Bar Association
Islamic Society of North America (ISNA)
Islamophobia Studies Center
Jewish Voice for Peace
MPower Change Action Fund
Multifaith Alliance
Muslim Advocates
Muslim Counterpublics Lab
Muslim Justice League
Muslim Power Building Project
Muslim Public Affairs Council
Muslims for Just Futures
National Employment Law Project
National Immigrant Justice Center
National Immigration Law Center
National Immigration Project (NIPNLG)
National Iranian American Council
New York Immigration Coalition
No Separate Justice
North American Climate, Conservation and Environment (NACCE)
Pars Equality Center
Pennsylvania Council of Churches
Poligon Education Fund
Secure Justice
Services, Immigrant Rights, & Education Network (SIREN)
Shoulder to Shoulder Campaign
South Asian Network
The Advocates for Human Rights
Union of Arab American women
United We Dream
University of California Student Association
Urgent Action Fund for Women's Human Rights
Wind of the Spirit Immigrant Resource Center
Women Watch Afrika
Yemeni American Merchants Association