- Category
- Defining Matters
- Date
- Dec. 21, 2020
- Title
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Kramer Levin Files Emergency Suit to Block Destructive Overhaul of Asylum System That Would Bar Most Claims and Particularly Harm LGBTQ Claimants
Kramer Levin today filed a lawsuit in the Northern District of California against the Department of Homeland Security and the Department of Justice, aimed at blocking the outgoing Trump administration’s changes to the asylum rules from going into effect on January 11. The changes, which the Trump administration rushed to publication with only 30 days for public comment and review despite spanning hundreds of pages, negatively impact almost every aspect of the asylum system, and will make it nearly impossible for LGBTQ and HIV-positive refugees who are fleeing persecution in their home countries to receive asylum in the United States. Likewise, the changes will almost entirely ban asylum for those making gender-based claims and for victims of non-state violence. Because the changes are the result of agency rulemaking, President-elect Biden cannot simply undo the damage by executive order after he is inaugurated. If the rules are not blocked from going into effect, tens of thousands of refugees with meritorious claims will face removal before the rules can be undone through further rulemaking.
Kramer Levin serves as co-counsel with the Lambda Legal Defense and Education Fund and Immigration Equality, two longstanding pro bono partners. Kramer Levin paired with Lambda Legal on the landmark Hernandez v. Robles case, seeking marriage equality for same-sex couples in New York, and numerous other LGBTQ civil rights cases. Kramer Levin has obtained asylum for over 50 Immigration Equality clients and partnered with Immigration Equality on a mandamus action to compel the government to grant interviews to asylum applicants waiting for years in the asylum “backlog” for a chance to have their claims adjudicated.
Since the final rule published less than two weeks ago, the Kramer Levin team has been working around the clock with Lambda Legal and Immigration Equality to prepare the 100+ page complaint and TRO motion papers. The team is led by Litigation partner Jeffrey S. Trachtman, Intellectual Property partner Aaron Frankel and Litigation special counsel Jason M. Moff, and includes Litigation partner Alan R. Friedman, Litigation associates Chase Henry Mechanick, Ryan Gander and Irene Weintraub, Intellectual Property associate Austin Manes, Real Estate associate Charlotte Courtade, and Litigation paralegals Rachel Garcia, Billy Jump and Denise L. Reid.
Read the complaint here.
Related People
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Jeffrey S. Trachtman
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- Partner
- New York
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Aaron Frankel
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- Partner
- Co-Chair, Pro Bono Committee
- New York
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Jason M. Moff
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- Special Counsel
- New York
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Alan R. Friedman
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- Counsel
- New York
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Ryan Gander
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- Associate
- New York
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Irene Weintraub
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- Associate
- New York
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Austin Manes
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- Associate
- Silicon Valley
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