American-Arab Anti-Discrimination Committee v. Ashcroft

MEMORANDUM OPINION ON ORDER DENYING PLAINTIFFS’ APPLICATION FOR TEMPORARY RESTRAINING ORDER

I.

RULING

On January 9, 2003, the Court denied plaintiffs’ Amended Application for Temporary Restraining Order which sought to enjoin the Immigration and Naturalization Service (“INS”) (1) from removing any individual who has registered or will register under the Special Registration Procedure for Certain Non-immigrants (SRPCN), who entered the United States under the Visa Waiver Program, but who has a pending application for lawful immigration status, and (2) from arresting without a warrant any individual who has registered or will register under the SRPCN but as to whom there has been no showing of an individualized determination that the registrant is likely to flee or abscond.

At no time have plaintiffs challenged the lawfulness or constitutionality of the SRPCN itself. In fact, plaintiffs have expressed agreement that an effective registration program is in their best interests as well as those of the INS. (Rep. Tr. at 13-14; Am. Application for T.R.O. and Order to Show Cause re Prelim. Inj. at 1). It became evident that the special registration procedures merely offer the…