Humanitarian Law Project v. Reno

FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER RE: PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

The Court makes the following findings of fact and conclusions of law with respect to the Motion for Preliminary Injunction of Plaintiffs HUMANITARIAN LAW PROJECT, RALPH FERTIG, ILANKAI THAMIL SANGAM, TAMILS OF NORTHERN CALIFORNIA, TAMIL WELFARE AND HUMAN RIGHTS COMMITTEE, FEDERATION OF TAMIL SANGAMS OF NORTH AMERICA,. WORLD TAMIL COORDINATING COMMITTEE, and NA-GALINGAM JEYALINGAM:

FINDINGS OF FACT

The Regulatory Scheme

1. President Clinton signed the Antiter-rorism and Effective Death Penalty Act (“AEDPA”) into law on April 24, 1996. Section 302 of the AEDPA permits the Secretary of State (the “Secretary”), in consultation with the Secretary of the Treasury and the Attorney General, “to designate an organization as a foreign terrorist organization ... if the Secretary finds that (A) the organization is a foreign organization; (B) the organization engages in terrorist activity ... ; and (C) the terrorist activity of the organization threatens the security of United States nationals or the national security of the United States.” 8 U.S.C. § 1189 (a)(1). The AEDPA defines…