Wednesday, February 08, 2017

Amici Curiae

On Monday, 97 companies filed an "amici curiae" brief as part of the lawsuit against Trump's Immigration Ban. (From Wikipedia: "An amicus curiae (literally, friend of the court; plural, amici curiae) is someone who is not a party to a case and is not solicited by a party, but who assists a court by offering information that bears on the case.")
Please take the time to read the arguments, starting on page 15 of the pdf document. Here are some key excerpts:
Immigrants make many of the Nation’s greatest discoveries, and create some of the country’s most innovative and iconic companies. Immigrants are among our leading entrepreneurs, politicians, artists, and philanthropists. The experience and energy of people who come to our country to seek a better life for themselves and their children—to pursue the “American Dream”—are woven throughout the social, political, and economic fabric of the Nation.

For decades, stable U.S. immigration policy has embodied the principles that we are a people descended from immigrants, that we welcome new immigrants, and that we provide a home for refugees seeking protection. At the same time, America has long recognized the importance of protecting ourselves against those who would do us harm. But it has done so while maintaining our fundamental commitment to welcoming immigrants—through increased background checks and other controls on people seeking to enter our country.

The tremendous impact of immigrants on America—and on American business—is not happenstance. People who choose to leave everything that is familiar and journey to an unknown land to make a new life necessarily are endowed with drive, creativity, determination—and just plain guts. The energy they bring to America is a key reason why the American economy has been the greatest engine of prosperity and innovation in history.

These principles have defined American immigration policy for the past 50 years. The beneficiaries are not just the new immigrants who chose to come to our shores, but American businesses, workers, and consumers, who gain immense ad-vantages from immigrants’ infusion of talents, energy, and opportunity.

The Executive Order abandons those principles—and inflicts significant harm on American business, innovation, and growth as a result. The Order makes it more difficult and expensive for U.S. companies to recruit, hire, and retain some of the world’s best employees. It disrupts ongoing business operations. And it threatens companies’ ability to attract talent, business, and investment to the United States.
They specifically argue against the chaotic and poorly-communicated way that the order was implemented. (i.e. It's seven countries today, but what if another order is issued next week, impacting 10 other countries?)  Because free markets thrive on stability, not chaos.
The Order threatens the long-standing stability of the U.S. immigration laws, which have been marked by clear, settled standards and constrained discretion—introducing sudden changes without notice, unclear standards for implementation, and no standards for the exercise of waiver authority. That shift deprives employees and businesses of the predictability they require.

This instability and uncertainty will make it far more difficult and expensive for U.S. companies to hire some of the world’s best talent—and impede them from competing in the global marketplace. Businesses and employees have little incentive to go through the laborious process of sponsoring or obtaining a visa, and relocating to the United States, if an employee may be unexpectedly halted at the border. Skilled individuals will not wish to immigrate to the country if they may be cut off without warning from their spouses, grandparents, relatives, and friends—they will not pull up roots, incur significant economic risk, and subject their family to considerable uncertainty to immigrate to the United States in the face of this instability.

The Order also could well lead to retaliatory actions by other countries, which would seriously hinder U.S. companies’ ability to do business or negotiate business deals abroad. Many companies do business in one or more of the countries currently covered by the Order. Indeed, U.S. diplomats already are reporting that General Electric may lose out on business deals in Iraq potentially worth billions of dollars. Additional actions against American citizens or business will have a further ripple effect.

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