Humanitarian Law Project v. Reno

ORDER RE: PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

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 came on regularly for hearing before this Court on June 8, 1998. After reviewing the materials submitted by the parties, argument of counsel, and the case file, the Court GRANTS in part, and DENIES in part, Plaintiffs’ motion.

I. Factual Background

This action involves a challenge to the constitutionality of § 302 and § 303 of the Antiterrorism and Effective Death Penalty Act (“AEDPA”), 8 U.S.C. § 1189 and 18 U.S.C. § 2339B, respectively.

The Regulatory Scheme

President Clinton signed the 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 Generalj “to designate an organization as a foreign terrorist organization ... if the Secretary finds that (A) the organization is a foreign organization; (B) the…