Recent SABA Statements
SABA North America periodically makes statements on policy issues of importance to our membership and the South Asian community. See a list of past statements below.
FOR IMMEDIATE RELEASE
SABA congratulates Monica V. Bhattacharyya for being named a United States International Trade Commission (U.S.ITC), Administrative Law Judge. Jason E. Kearns, Chair of the U.S.ITC, announced her hiring on September 13th, 2021. Judge Bhattacharyya will manage an active litigation docket, preside over evidentiary hearings, and make initial determinations in the Commission’s investigations involving unfair practices in import trade under section 337 of the Tariff Act of 1930 (“Section 337”). These investigations most often involve allegations of patent and trademark infringement.
Judge Bhattacharyya is filling a vacancy among the six U.S.ITC judges left when former Administrative Law Judge Sandra “Dee” Lord retired in April. Judge Bhattacharyya has extensive experience in intellectual property litigation in both the public and private sectors, as well as a deep knowledge of disputes arising under Section 337. She has served as an investigative attorney in the U.S.ITC’s Office of Unfair Import Investigations since 2012, regularly appearing in investigations as an independent party, on behalf of the U.S. public.
Before joining the U.S.ITC, Judge Bhattacharyya worked for more than 12 years in private practice, including as a Partner in the Intellectual Property group of the New York law firm of Kasowitz Benson Torres LLP, where she represented and counseled clients on patent and other intellectual property matters in federal and state courts. Prior to that, she worked as an intellectual property litigation associate with the law firms of Wiggin and Dana LLP and Kirkland & Ellis LLP, and as a litigation associate with Simpson Thacher & Bartlett LLP. She served as a law clerk for the Honorable Louis H. Pollak in the U.S. District Court for the Eastern District of Pennsylvania.
“Monica Bhattacharyya’s appointment to the U.S.ITC is yet another landmark for South Asian attorneys in judicial roles in North America in recent years. The mission of the U.S.ITC is vital to worldwide commerce, and Judge Bhattacharyya’s immense academic and professional experience makes her an outstanding addition to the Commission’s elite bench of administrative law judges. SABA is thrilled to celebrate the selection of this talented and trailblazing attorney,” said Samir Mehta, President of SABA North America.
Judge Bhattacharyya holds a Juris Doctor degree from Yale Law School; a Master of Arts degree in Politics from Princeton University; and a Bachelor of Arts degree in Biochemistry, magna cum laude, from Harvard-Radcliffe College. She also studied comparative legal systems as a Bundeskanzler Scholar at Goethe University in Frankfurt, Germany.
We congratulate Judge Bhattacharyya for her accomplishments!
Coalition of Affinity Bars Stand in Unity for Diversity, Equity, and Inclusion in Continuing Legal Education
The Coalition of Bar Associations of Color (CBAC) – the Hispanic National Bar Association (HNBA), the National Asian Pacific American Bar Association (NAPABA), the National Bar Association (NBA), and the National Native American Bar Association (NNABA) – together with the National LGBTQ+ Bar Association, and the South Asian Bar Association of North America (SABA-North America) stand united in their support of efforts to foster diversity, equity, and inclusion in continuing legal education (CLE) and in opposition to the Florida Supreme Court’s ruling and amendments to the Florida Bar Rules on diversity requirements for CLE programming. As national organizations dedicated to advancing equality and opportunity for underrepresented and historically marginalized members of the legal profession, diversity, equity, and inclusion are of paramount importance to our communities. Diversity on CLE panels benefits both panelists who are recognized for their expertise, as well as audience members who can be inspired by seeing those with similar backgrounds or experiences serving as role models and educators in the legal profession. Moreover, CLE participants may well benefit from hearing from panelists who bring unique and diverse perspectives that they may not have been exposed to previously.
“The objective of the ABA policy and the Florida CLE Diversity Policy is not to exclude anyone, but to ensure inclusion,” argued CK Hoffler, a Florida Bar member and President of the NBA in the NBA’s submission to the Supreme Court. “No one is displaced nor denied an opportunity to participate because of these new policies. African-African attorneys founded the NBA, due in large part because of exclusion. Today, there remains a need to ensure the inclusion of African American attorneys in the legal field and include African American attorneys in the discussion of legal issues.”
“As bar associations dedicated to the advancement of equality and opportunity for APA attorneys, NAPABA and its Florida affiliates believe it is imperative to feature a diverse range of views, experiences and backgrounds in CLE programs in order to address the critical gaps in mentors, connections and role models that are so important for career advancement," wrote A.B. Cruz III, President of NAPABA in a joint filing before the Court submitted with Florida-based affiliates. "Panelists benefit from recognition as experts which burnishes their credentials, and audience members can be inspired by witnessing those with similar backgrounds or experiences serving as role models and educators in the profession."
“Diversity is vital to ensuring equal justice under the law and to public confidence in our legal system,” said Elia Diaz-Yaeger, HNBA National President. “If we want to move in the right direction, we must work to ensure a greater diversity across our profession that is representative of the people and communities we represent. That kind of positive change does not happen on its own; it requires bold action and leadership. We urge the Court to clarify its order to permit inclusive diversity policies for CLE courses.”
“In Florida, with a Native American population of over 125,000 and two federally recognized tribes, American Indian, Alaska Native, and Native Hawaiian people are grossly underrepresented in the legal profession and strikingly so in the judiciary,” said Colleen Lamarre, President of the National Native American Bar Association. “The ABA policy and the Florida Bar Business Law Section’s CLE Diversity Policy are aimed at ensuring that CLE programing reflects the local population and advances the voices of historically marginalized groups. Representation and visibility through the continuing legal education process is critical to guaranteeing that the voices of indigenous people are heard and that the local and national attorney population, the pipeline of future attorneys, and our clients benefit and learn from interactions with Native American attorneys and their professional and cultural experiences.”
“Ensuring that diverse points of view are recognized and promoted throughout the legal profession is a primary goal of the National LGBTQ+ Bar Association,” said Lousene Hoppe, LGBTQ+ Bar Association President. “We support the efforts of the ABA and the Business Law Section of the Florida Bar to foster diversity, equity, and inclusion on CLE panels, and we oppose the Florida Supreme Court’s ruling and amendments to the Florida Bar Rules on diversity requirements for CLE programming.”
“SABA North America is committed to diversity, equity, and inclusion in the entire legal profession in North America,” said Samir Mehta, President of SABA North America. “We are committed to seeing this diversity reflected through lawyers of all backgrounds and identities. In Florida, there is only one Asian Pacific American on the federal bench in the entire state and such jurists represent less than one percent of state court judges there. This level of underrepresentation is unacceptable and we look forward to seeing more judges from all marginalized and historically underrepresented backgrounds added, including Asian American and South Asian American judges. In the arena of continuing legal education, we hope that the Florida Supreme Court will recognize that inclusion of different viewpoints will serve as an inspiration for the entire bar. We also hope this will prove that historically underrepresented or marginalized communities are not only welcome, but have much to contribute to our common goal of advancing justice.”
With the stated goals to eliminate bias, increase diversity, and implement efforts aimed at recruiting and retaining diverse attorneys, the Business Law Section (BLS) of the Florida Bar set forth a policy preference whereby the BLS would only sponsor, co-sponsor, or seek accreditation for any CLE program that had minimum numbers of diverse panelists, although the policy also had built in flexibility allowing for exemptions in the event that, after a diligent search, diverse panelists could not participate. In April, on its motion, the Florida Supreme Court struck down this policy characterizing it as “tainted by…discrimination,” and analogizing it to university admissions cases where the Supreme Court of the United States prohibited quotas based on race, even though the policy does not exclude or foreclose the participation of any panelist on a CLE program based on race, gender, sexual orientation, disability or any other characteristic. The Florida Supreme Court then re-wrote the Florida Bar rules to prohibit the approval of any CLE programs that use quotas based on race, ethnicity, gender, religion, national origin, disability or sexual orientation of course faculty or participants. The ruling means that licensed Floridian attorneys would be banned from receiving CLE credit for attending an ABA-sponsored CLE program, as the ABA has a similar diversity policy.
For more information please contact:
The Coalition of Bar Associations of Color (CBAC) was established in 1992 and is comprised of the Hispanic National Bar Association (HNBA), the National Asian Pacific American Bar Association (NAPABA), the National Bar Association (NBA), and the National Native American Bar Association (NNABA).
The HNBA is an incorporated, nonprofit, nonpartisan, national membership organization that represents the interests of more than 67,000 Hispanic legal professionals and as well as the close to 13 percent of law students enrolled in ABA accredited law schools in the United States and its territories. We are committed to advocacy on issues of importance to the 61 million people of Hispanic heritage living in the U.S. From the days of its founding three decades ago, the HNBA has acted as a force for positive change within the legal profession. It does so by encouraging Hispanic students to choose a career in the law and by prompting their advancement within the profession once they graduate and start practicing. Through a combination of issue advocacy, programmatic activities, networking events and educational conferences, the HNBA has helped generations of lawyers succeed. For more information about HNBA, visit www.hnba.com
The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 60,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to
eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of color in the legal profession. For additional information about NAPABA, visit www.napaba.org
Founded in 1925, the NBA is the nation's oldest and largest national network of minority attorneys and judges. It represents approximately 66,000 lawyers, judges, law professors and law students and has over 80 affiliate chapters throughout the United States and around the world. The organization seeks to advance the science of jurisprudence, preserve the independence of the judiciary and to uphold the honor and integrity of the legal profession. For additional information about the National Bar Association, visit www.nationalbar.org
Founded in 1973, the NNABA serves as the national association for American Indian, Alaska Native, and Native Hawaiian attorneys, judges, law professors and law students. NNABA strives for justice and effective legal representation for all American indigenous peoples; fosters the development of Native American lawyers and judges; and addresses social, cultural and legal issues affecting American Indians, Alaska Natives, and Native Hawaiians. For additional information about NNABA, visit www.nativeamericanbar.org
The National LGBTQ+ Bar was founded over thirty years ago by a small group of family law practitioners at the height of the HIV/AIDS crisis. In 1987, the idea of creating a gay and lesbian bar association was formally introduced at the Lesbian & Gay March on Washington. The first Lavender Law® Conference took place the following year at the Golden Gate University in San Francisco. In 1989, at the American Bar Association’s Mid-Year meeting, bylaws were presented, and a nonprofit board of directors was formalized. At the second board meeting in 1989 in Boston, the LGBT Bar, then known as the National Lesbian and Gay Law Association (NLGLA), had 293 paid members, and initiated a campaign to ask the ABA to include protection based on sexual orientation to its revision of the Model Code of Judicial Conduct for Judges. In 1992, the LGBT Bar became an official affiliate of the American Bar Association and it now works closely with the ABA’s Section on Individual Rights and Responsibilities and its Committee on Sexual Orientation and Gender Identity. For more information about the LGBTQ+ Bar, visit www.lgbtbar.org
SABA North America was founded in 2002 to strengthen the rapidly growing South Asian legal community with a recognized and trusted forum for professional growth and development, and promotes the civil rights and access to justice for the South Asian community. With 29 chapters throughout the United States and Canada, SABA attorneys work in all areas of the law, including at large law firms, as in-house counsel, government attorneys, and solo practitioners. SABA hosts an Annual Conference, annual Lobby Day, and numerous other successful programs throughout the year. For more information about SABA North America, visit www.sabanorthamerica.com
May 20, 2021
FOR IMMEDIATE RELEASE
Today, the South Asian Bar Association of North America (SABA North America) applauds President Biden, Senator Mazie Hirono, and Rep. Grace Meng on the signing of the COVID-19 Hate Crimes Act into law. This legislation was passed in response to the exponential increase over the past year in hate crimes towards our brothers and sisters in the Asian American community. It is the first significant hate crimes legislation to pass Congress in over a decade.
The COVID-19 Hate Crimes Act would streamline and prioritize the Justice Department's review of hate crimes and would designate an official to oversee the effort. The legislation also incorporates the Jabara-Heyer NO HATE Act, legislation that SABA North America members lobbied for during its Virtual Lobby Day on April 29, 2021. The NO HATE Act establishes incentives for state and local law enforcement to submit credible and complete hate crimes reports, creates grants for state-run hate crimes hotlines, and creates grants to help law enforcement more effectively address hate crimes.
"This bipartisan legislation is critically important to the Asian American and all underrepresented communities in the U.S.," said Rippi Gill, President of SABA North America. "The South Asian community is also, unfortunately, well acquainted with the experience of being targets of violence and hate crimes. This landmark legislation will provide vital resources and attention to addressing these incidents going forward."
April 19, 2021
FOR IMMEDIATE RELEASE
The South Asian Bar Association of North America (SABA North America) stands with all organizations and individuals condemning yet another mass shooting in America – this time at a FedEx facility in Indianapolis where four of the eight victims killed were members of the Sikh American community. As episode after episode of America’s gun violence epidemic continues to horrify the world, our message to our South Asian American community including Sikh Americans, is this: While we may never know for sure the shooter’s exact motivations, this fresh reminder of South Asian Americans suffering at the hands of violence or bigotry must spur our community to action.
Whether it is in addressing the underlying causes of any kind of hate and violence; fighting for better policies and systems that empower the progress of racial minorities; or advocating for more sensible gun control policies – we stand ready to work with other leaders and organizations on each of these long, difficult struggles to strive towards a more perfect union.
“We continue to condemn these recent acts of violence, as well as any and all acts of violence targeting minority communities,” said Rippi Gill, President of SABA North America. “We stand in solidarity with our Sikh brothers and sisters and pledge to join in the Sikh Coalition and eight Indianapolis-area gurdwaras’ message.” We urge you all to read this message and join in this pledge - “Our community is grateful for the messages of love and support coming from around the state, country, and world. Now, we must all work together not just to heal, but to take action and confront the terrible plague of hate and acts of mass violence like this that threaten us all.”
March 31, 2021
FOR IMMEDIATE RELEASE
February 10, 2021
FOR IMMEDIATE RELEASE
As the first few weeks of the Biden-Harris Administration take shape in the U.S., the South Asian Bar Association of North America (SABA North America) commends President Biden for working to uphold a promise that he and Vice President Kamala Harris have made to “build an administration that looks like America.” We celebrate the significant number of initial senior-level appointees of South Asian descent, in particular those attorneys who will play key roles in shaping the Biden-Harris Administration’s policies, legal arguments, and messages to the American people.
“As a minority bar association representing thousands of South Asian attorneys across the United States and Canada, SABA North America understands the importance of the roles these leaders will play in addressing a range of issues affecting the South Asian community, from racial justice to economic inequality to immigration reform,” said Rippi Gill, President of SABA North America. “We also believe it’s important for the nation’s leadership to reflect the diversity and varied experience of Americans.”
In addition to Vice President Harris – the nation’s first South Asian, first African American, and first female VP – we commend the achievements of the South Asian attorneys listed below, many of whom have been longtime supporters of SABA North America and its members. This is not an exhaustive list, and we consider it a commendable achievement for our community that our initial list has expanded to this size. If you are aware of other South Asian attorney appointees of note, please let us know: mailto:publicrelations@sabanor
Along with many other non-attorneys of South Asian descent who have thus far been named, we believe these appointees will serve as serious and consequential additions to the Biden-Harris Administration. SABA North America commends these individuals as reflective of the growing prominence of South Asian attorneys nationwide.
• Vanita Gupta – Associate Attorney General*
• Neera Tanden – Director, Office of Management and Budget*
• Mala Adiga – Policy Director to First Lady Dr. Jill Biden
• Amit Bose – Deputy Administrator, Federal Railroad Administration
• Sohini Chatterjee – Senior Policy Advisor to the U.S. Ambassador to the United Nations
• Dimple Chaudhary – Deputy General Counsel for Nationwide Resource Protection Programs, Environmental Protection Agency
• Tarun Chhabra – Senior Director for Technology and National Security, National Security Council
• Sharmistha Das – Deputy General Counsel, Department of Homeland Security
• Sameera Fazili – Deputy Director, National Economic Council
• Aditi Gorur – Policy Advisor, U.S. Mission to the United Nations
• Neha Gupta – Associate White House Counsel
• Subash Iyer – Chief Counsel, Federal Transit Administration, Department of Transportation
• Ruchi Jain – Deputy Solicitor for General Law, Department of Interior
• Dev Jagadesan – Acting Chief Executive Officer, U.S. International Development Finance Corporation
• Meera Joshi – Acting Administrator, Federal Motor Carrier Administration, Department of Transportation
• Aruna Kalyanam – Deputy Assistant Secretary for Tax and Budget, Department of the Treasury
• Satyam Khanna – Senior Policy Advisor on Climate and ESG, U.S. Securities and Exchange Commission
• Raj Nayak – Senior Advisor, Office of the Secretary, Department of Labor
• Sandeep Prasanna – Attorney Advisor, Office of Legislative Affairs, Department of Justice
• Bharat Ramamurthi – Deputy Director, National Economic Council
• Vinay Reddy – Senior Advisor to the President and Director of Speechwriting
• Tanya Sehgal – Special Counsel and Senior Advisor, Office of Personnel Management
• Reema Shah – Deputy Associate White House Counsel
• Zayn Siddique – Senior Advisor, White House Deputy Chief of Staff
• Narayan Subramanian – Legal Advisor, Office of General Counsel, Department of Energy
• Mohsin Syed – Principal Deputy Assistant Secretary for Congressional Affairs, Department of Transportation
• Mini Timmaraju – Senior Advisor to the Director, Office of Personnel Management
• Ali Zaidi – Deputy National Climate Advisor
*Pending Senate confirmation
The South Asian Bar Association of North America (SABA North America) applauds President Biden's immediate repeal of the Muslim Ban announced on January 20, 2021 as part of his first Executive Actions as President of the United States. President Biden's bold action serves as a strong rebuke to the policy of the previous administration that barred many foreign nationals from several countries with predominantly Muslim populations from entry into the United States. That policy, rooted in religious bias and xenophobia under the guise of national security, remained in effect and was expanded for much of the past four years, causing long-lasting damage for families and communities.
From the advent of the first Muslim Ban, SABA North America attorneys across the U.S. showed up at airports and counseled families and individuals who were adversely impacted by this unjust ban. SABA North America lobbied and supported legal actions to repeal the Muslim Ban, and it was extremely disappointed when the third iteration of the Muslim Ban was upheld by the Supreme Court.
While SABA North America is grateful that President Biden has rescinded the Muslim Ban, we cannot rely on future presidents to uphold the same values and protections for American Muslim and immigrant communities. That is why we now call on Congress to follow President Biden's example and pass the National Origin-Based Anti-Discrimination for Nonimmigrants (NO BAN) Act. The NO BAN Act would not only end the Muslim and African bans, but it would also prohibit future presidents from taking similar actions that discriminate against these and other immigrant communities. Although the NO BAN Act was passed by the House of Representatives last year, it did not pass the Senate. We now call on both houses of Congress to pass this important legislation. "With the repeal of the Muslim Ban, we are one step forward towards restoring our nation's values. But we must remain vigilant and continue working to protect the rights of ALL Americans. We look forward to working with the Biden-Harris Administration in the persistent fight against bias, hatred and xenophobia," said Rippi Gill, President of SABA North America.
History has sadly taught us that there may again come a time when those in power will seek to discriminate against different American communities - Japanese, Muslim, South Asian and immigrant communities are just a few of those who have faced such discrimination in our nation's past. It is imperative - as we embark upon this new administration - that Congress work together and pass the NO BAN Act to protect future generations of Americans from similar actions and to ensure that America remains committed to its values and its purpose of possibility, opportunity and the American dream.
January 6, 2021, was a devastating day in our nation's history. In a premeditated attack, domestic terrorists descended on Washington D.C. and assaulted the U.S. Capitol Building. A day historically dedicated to the peaceful transition of power replaced by bloodshed and destruction. A day historically dedicated to the strength of our union replaced by domestic terrorists parading Confederate flags through the halls of Congress. The South Asian Bar Association of North America (“SABA”) claims no particular province or perspective over issues of politics, but we have a special responsibility to defend the United States Constitution and the rule of law. To that end, we make no mistake—this was an attack on our democracy that was directly incited by the nation’s Commander-in-Chief and aimed at overturning the 2020 Presidential election results. SABA calls for all parties involved, including law enforcement and elected officials, to be held accountable through transparent investigations and subsequent prosecutions.
SABA also recognizes the racial inequality that was on full display as this mob of mostly White domestic terrorists invaded one of the most secure structures in the world, the U.S. Capitol Building, with minimal resistance. If this mob was majority Black or Brown, the treatment of the individuals involved would not have been the same. We know this because last summer, diverse coalitions peacefully protesting nationwide against racial injustice and for Black Lives were met with militarized tactics and overwhelming force. These protests were held in public places and were repeatedly disrupted by tear gassing and arresting activists en masse. In contrast, these domestic terrorists were able to access the private offices of Members of Congress and the Senate Chamber while proudly sporting symbols of hate such as the Confederate flag. The disparity in treatment could not be clearer.
Law enforcement’s failure to investigate and hold these groups accountable further lays bare the racial divide. For weeks, these terrorists openly communicated their plans over the internet and on social media. Yet it appears that this obvious threat went unheeded by law enforcement. This week’s failure culminates decades of a deliberate strategy to ignore the rise of White extremists while subjecting Black activists and the Muslim community to invasive surveillance and monitoring.
This is not acceptable and is yet another reminder of racial inequalities that divide us. "As a minority bar association, we have committed ourselves through our Racial Justice Task Force to call out such inequalities, to confront racism and promote racial justice and equality in our country. We did not see such justice and equality on January 6, and we call it out," said President Rippi Gill. We are a nation built on principle, honor, duty and the rule of law. We are also a nation of immigrants, a melting pot of different cultures, religions, ethnicities and colors. We must be better than what we saw and experienced on January 6, and we must not allow racial injustice to persist as it so often does. We as a country have difficult work ahead of us if we are to heal the wounds of our nation. Let us all work together for a better tomorrow.
On July 21, 2020, President Trump, issued a memo to the Secretary of Commerce, directing the Secretary, to not include undocumented immigrants as part of his statutory duties to conduct and report the decennial census. SABA North America believes this insidious memo will harm immigrant communities throughout the country. SABA North America is deeply alarmed by the administration's ill-conceived, last-minute attempt to not count undocumented immigrants as part of the 2020 census.
Legal scholars and activists are already casting the memo as being unconstitutional under Section II of the Fourteenth Amendment which addresses that the House of Representatives would be apportioned by "counting the whole number of persons in each State…"
This latest attempt to change the 2020 census procedures is unconstitutional, outlandish and reinforces the xenophobic atmosphere which is already heightened due to this administration's recent policies targeting immigrant communities. As the President referenced in this latest memo, the Trump administration attempted to add a citizenship question to the 2020 Census questionnaire last summer. This effort was ultimately unsuccessful after a unanimous ruling by the Supreme Court denying the government's request. Further, as a practical matter, per the Census' Bureau's own website, over 62% of households have already responded to the 2020 Census questionnaire. The logistics of confirming which of the collected responses were from undocumented immigrants seems unwieldy at best.
Moreover, the President's actions will have a chilling effect on active participation in the Census by both undocumented and legal immigrants as they will likely fear some form of retaliation and action by a government that they already distrust to a great degree. The attempt by the administration to cast aside a significant voice of the U.S. population cannot and should not be tolerated by the American electorate. Not only will Census data be used to confirm appropriation of members in the House of Representatives, but this data is also used as a basis for the disbursement of many Federal grants and programs.
SABA North America reiterates that participating in the Census is critically important to getting our families and communities the resources and representation we deserve.
The decision to not count undocumented immigrants is in clear contravention of the Constitution and only serves to make America a less inclusive society. SABA North America will continue to stand alongside immigrant communities and our community-based partners in their efforts to maintain a just system to effectuate the 2020 Census.
SABA North America is deeply disturbed by the issuance of yet another Presidential Proclamation by President Donald J. Trump, which further restricts lawful immigration into the United States. The Proclamation went into effect on June 24, 2020 and will suspend the entry of certain foreign nationals on various employment-based nonimmigrant visas into the United States until the end of the calendar year. Those foreign nationals will be barred from entry through at least December 31, 2020 if they, on the effective date of the Proclamation, are physically outside of the United States, not in possession of a valid nonimmigrant visa stamp in their passport or other permissible travel documents, and are seeking entry based on the issuance of a new H-1B visa, H-2B visa, L-1 visa, or J visa. Furthermore, the foreign national's accompanying family members will similarly be barred from entry. The Proclamation also extends through December 31, 2020 the restrictions on the entry of certain immigrant visa holders, which was made effective through an earlier proclamation issued on April 22, 2020.
The Proclamation will not apply to lawful permanent residents, the spouse or child of a U.S. citizen, and certain individuals may be eligible for a national interest exception subject to the discretion of consular officers. The American Immigration Lawyers Association and the American Immigration Council have prepared a thoughtful summary available here.
It is important to note that no other President in the history of the United States has consistently limited the entry of foreign nationals utilizing this "emergency power" provision of the Immigration and Nationality Act ("INA"), which provides the purported basis of the Proclamation under Section 212(f). Traditionally, immigration law, and the allotment of visas, has been in the purview of United States Congress under the plenary power doctrine. The primary justification the Administration makes for such drastic measures is an alleged need to spur economic growth and protect U.S. workers as a result of the devastation caused by the COVID-19 pandemic. However, this justification and many of the assertions underpinning this rationale have been called into serious doubt by various prominent business executives, legal scholars, and policymakers. SABA is very concerned that restricting the ability of highly talented, skilled professionals to come into the United States will actually hinder the post-COVID-19 recovery efforts, and inhibit innovation and America's global competitiveness. A recent Forbes article analyzes this aspect of the Proclamation as well.
SABA further echoes the sentiments of prominent business leaders, including Apple CEO Tim Cook, Google and Alphabet Inc. CEO Sundar Pichai, Tesla and SpaceX CEO Elon Musk, who have all made their opposition to the Proclamation publicly known. In fact, U.S. Chamber of Commerce CEO Thomas J. Donohue, stated "Putting up a 'not welcome' sign for engineers, executives, IT experts, doctors, nurses and other workers won't help our country, it will hold us back. Restrictive changes to our nation's immigration system will push investment and economic activity abroad, slow growth, and reduce job creation."
This Proclamation is also expected to have a significant negative humanitarian impact - SABA is concerned about immediate family members of temporary visa holders who are now unlikely to be able to enter the United States and join their families simply because they happened to be outside the United States on the day this Proclamation went into effect. Many notable immigration practitioners also believe that the Proclamation's intended consequence is to separate families and instill additional barriers on immigrant communities in the United States. For instance, another recent Forbes article examines the plight of a 7-year old child who, due to the restrictions of the Proclamation, is unable to unite with his parents in the United States and is forced to remain in India.
The Proclamation raises an additional worry for foreign nationals in that it directs the Secretary of Labor in consultation with the Secretary of Homeland Security, as soon as it is practicable, to review and recommend any measures to restrict EB-2 or EB-3 immigrant visas or an H-1B nonimmigrant visa if they are found to disadvantage U.S. workers, even if they are in the United States. Similarly, the Proclamation directs government agencies to develop methods to limit access to asylum seekers if the alleged primary purpose of the applicant is to obtain employment authorization. This statement is particularly important in that it is possible that further restrictions may be forthcoming from this Administration that will adversely affect members of the South Asian community that are already physically present in the U.S.
Separately, the Administration has taken additional steps impacting students on visas. On July 6, 2020, the U.S. Immigration and Customs Enforcement Agency (ICE), issued this press release which will adversely impact scores of international students studying in the U.S. The agency plans to amend its temporary measures implemented as a result of the COVID-19 pandemic, which allowed foreign students flexibility of attending online classes through their college or university since in-person classes were suspended. ICE plans to suspend these pandemic related accommodations to foreign students that are enrolled in programs that are entirely virtual this Fall semester, forcing students and institutions to make difficult trade-offs between their public health and enrollment at U.S. Universities.
It is no secret that the South Asian community in the United States will be disparately impacted by the Proclamation and the more recent action impacting F-1 students Per a report submitted to Congress on March 5, 2020 by the United States Citizenship and Immigration Services, 71.7 percent of H-1B approvals in FY 2019 were filed for workers born in India. Indian students are among the largest group of international students in the U.S.
SABA stands in solidarity with the South Asian community in the United States, and other affected communities, and will work to ameliorate the significant economic, social, and cultural harm which will likely result from these actions. These actions are the pinnacle of the Administration's attempts to restrict the ability of immigrants to continue pursuing the American dream. The Muslim ban, the public-charge rule, and the COVID-19 travel bans are an affront to immigrant communities at large and have heightened the level of xenophobia throughout the country. SABA will monitor any litigation efforts against the Proclamation and provide any updates that are deemed appropriate.
The South Asian Bar Association of North America
June 5, 2020
Statement on the Death of George Floyd and Racial Injustice in the U.S. and Canada
The South Asian Bar Association of North America ("SABA North America") stands with George Floyd's family, Ahmaud Arbery's family, Breonna Taylor's family, and Regis Korchinski-Paquet's family, along with Black communities throughout the United States and Canada. We grieve alongside their families and our brothers and sisters, and we recognize the persistent plight of Black people suffering at the hands of deep-rooted systems of institutionalized racism. As the death of Regis Korchinski-Paquet in Toronto shows, these systems are not limited to the United States alone. For decades, Black communities in the United States and Canada have faced unjust persecution and brutality at the hands of law enforcement, and been unjustly targeted purely because of the color of their skin. The latest examples of George Floyd, Ahmaud Arbery, and Breonna Taylor, as well as the Central Park incident involving Amy Cooper, are just a few of too many. This must stop. To our brothers and sisters of the Black Community, we see you, we hear you, and we are with you. We pledge not only our support, but also a call to action, to combat the institutionalized racism, inequality and injustice that you have faced for far too long.
Long after the protests end, this must remain a time for action, and this time must be different. We urge the U.S. Department of Justice ("DOJ") to effectively investigate pattern and practice violations by police departments and hold them accountable. We urge Congress to consider expanding the Violent Crime Control and Law Enforcement Act of 1994 to give State Attorneys General the authority to enforce "pattern or practice" violations when the DOJ is unwilling or unable to act, as requested by 18 State Attorneys General in a recent letter. We must not allow another George Floyd to be killed due to our failure to act. We must act now.
To the members of SABA North America, and the greater legal community, too many of us have become comfortable with the status quo. It is critical that we use the present crisis to understand what it means to be Black in the United States and Canada today. We call upon you to engage in peaceful activism, locally and nationally. SABA North America commits to working to support these activities.
- Put pressure on State and Federal officials to appropriately respond to the Nation's call to dismantle the systems and institutions that marginalize Blacks in the United States and Canada.
- Urge your local officials to institute police reform and review policing practices, ensure accountability through independent oversight, and rethink community interaction.
- Challenge your knowledge and preconceptions about race and how it has affected the Black community.
- Challenge the biases within our own communities and speak up. Do not shy away from conversations that make you uncomfortable, especially with your family.
- Put the needs of others above your own fears.
- Do not be silent.
While we recognize that our community has also faced its own racial and ethnic challenges, we must also remember that many of us have benefited from the model minority construct. While it is true that many People of Color have experienced discrimination and injustice, the legacy and history of oppression against Black Americans and Canadians is far too institutionalized and runs deeper than any discrimination and injustice faced by any other community. We must acknowledge that, and we must fight for change.
We applaud the recent actions taken by members of the South Asian community in allyship and solidarity with protesters. As his restaurant in Minneapolis burned to the ground after a night of protests, Ruhel Islam stated, "Let the building burn… Justice needs to be served." Similarly, Rahul Dubey of Washington, D.C. welcomed dozens of protestors desperately seeking refuge from the police into his home and sheltered them overnight saying, "I hope that my 13-year old son grows up to be just as amazing as they are." These community members put the needs of others above your own fears. This is true strength, courage and commitment.
SABA North America understands that a moment like this requires more than words. As such, SABA North America is committing now to focusing on efforts like those listed above, to combat the systemic racism present in the legal systems and culture of the United States and Canada. SABA North America has a platform to engage with the South Asian legal community and the South Asian community at large, and it will use that platform to work on these initiatives. We will incorporate activism into our programming, participate in education and outreach efforts to confront racism in our South Asian community directed against the Black community and other ethnic minorities, and join together with our sister bar associations to lobby and advocate for reform including in our Lobby Day initiative in 2021.
This fight for equality and justice will not be short-lived; however, in a matter of weeks or months, the media coverage may stop, donations might slow, and social media posts will likely return to normal. Our countries will attempt to move on and to leave the wrongful deaths of George Floyd and countless other Black Americans and Canadians in the past, as has been done many times before. We urge you, do not let that happen. The systemic oppression and persecution of our Black brothers and sisters is an inescapable reality in America and Canada. We beseech you - continue to say their names, continue to speak up and continue to fight until justice is served.
Please consider joining and supporting organizations actively engaged in fighting for justice. A few are listed below.
Campaign Zero - https://www.joincampaignzero.org/
NAACP Legal Defense Fund - https://www.naacpldf.org/
Equal Justice Initiative - https://eji.org/
Finally, we want to recognize the various chapters of SABA across North America that have issued thoughtful reflections and calls to action in the last few days. We have been listening and learning from our members, and our statement is informed by their expressions of frustration with the status quo and demands for racial justice. The events of the last few weeks, and the persistent lack of justice and accountability over the years, are galvanizing for our organization. We cannot solve these problems unless we solve them together, and have faith that our members will answer the calls to action outlined above, and will continue to stand up for justice in meaningful ways.
SABA North America (formerly NASABA/North American South Asian Bar Association) is a voluntary bar organization and serves as an umbrella organization to 29 chapters in the United States and Canada. SABA North America is a recognized forum for professional growth and advancement for South Asian attorneys in North America and seeks to protect the rights and liberties of the South Asian community across the continent. Learn more at www.sabanorthamerica.com.