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IMMIGRATION NOVEMBER 03, 2023 | The Indian Eye 41

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exercise of the right to peacefully in Brooklyn has been inundated by here until the conflict abates, and in- the authors have anecdotal experi-
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express an opinion or assemble is fictitious negative reviews, though it stitute flexibilities for those currently ence. In the US they seem to co-exist
likely to involve the violation of im- has persevered in serving Palestinian navigating an immigration process. peacefully and even patronize each
migration law. However, in Holder v. and Israeli customers in the commu- The Biden administration should other’s businesses and share culture.
Humanitarian Law Project, 561 U.S. nity alike. These incidents indicate also make every effort to tamp down The communities have a tendency
1 (2010), the Supreme Court held that the type of xenophobic backlash xenophobic backlash here in the US, to come together in the new country
that First Amendment protections that arose after September 11, 2001 and should never impose a travel ban to provide a unified front to oppose
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do not apply to “political speech or may be materializing again. against regions or countries like the racial hostility, stereotyping and xe-
expressive conduct that materially Although the conflict in the Mid- way Trump did. nophobia. It is hoped that the dis-
supports foreign terrorist organiza- dle East poses a number of immigra- Historically, when people im- placed people from the Middle East
tions”. The Supreme Court’s hold- tion-related challenges, the Biden migrate from countries or regions who come to the US or remain will
ing in this case seems to apply only administration is uniquely positioned that have been enemies seem to get co-exist in harmony upon the Biden
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to those who have had contact with to assist both Israeli and Palestinian along in the United States. They administration providing benefits
a terrorist organization, not individ- civilians impacted by the violence. bury their historic differences and such as TPS, deferred action and hu-
uals who speak independently, so a The administration should adopt find commonalities in their cultures manitarian parole.
student who writes a letter or pro- protections that allow noncitizens in the new country. A case in point *Kaitlyn Box is a Senior Associate at
tests on campus would likely be able from impacted regions who are cur- are people who have immigrated to Cyrus D. Mehta & Partners PLLC.
to avail of the protections of the First rently in the United States to remain the US from India and Pakistan that
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Amendment, and should not face _________________________________________________________________________________________________________
repercussions for providing material Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
support to a terrorist organization. Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
In the wake of the 9/11 terrorist mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
attacks, noncitizens from predomi- Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member of
nantly Muslim countries were covert- Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board
ly detained and removed from the of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality Law of the
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United States due to purported ties New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including on ethics, and
to terrorism, as detailed in our prior is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta
blog. This week, a Chicago landlord received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
shockingly and senselessly attacked Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immigration field. He has
his tenant and murdered her six-year- also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded
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old son because they were Muslim. lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
A well-known Palestinian restaurant Chambers Global 2019 in immigration law, among other rankings.

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