Posts tagged with "legal"

Baby via 360 Magazine

IVF Contracts

Natalia Wilson, managing partner of Ain & Bank, is one of the most highly respected attorneys in Washington D.C. and is one of the nation’s leading matrimonial lawyers. Ain & Bank is a boutique law firm offering bespoke legal solutions and protections to some of the country’s most high-profile individuals from captains of industry to leading figures in the entertainment and sports world.

Wilson consults with clients who require advice and firm guidance to resolve matters of relationship breakdown, management of custody disputes, and preparation of prenuptial agreements. In addition, Wilson is at the cutting edge of what the legal world refers to as “modern family creation” advising clients on the legal implications of assisted routes to parenthood including in vitro fertilization (IVF), surrogacy, and more.

The miracle of pregnancy and childbirth is revered by cultures across the globe. The creation of life on earth forms the basis of mythology, old wives’ tales, and spiritual teachings that have endured since ancient times. This combined with cultural and social expectations, makes many couples feel pressure to conceive. According to the U.S. Dept. of Health & Human Services’ Office on Women’s Health, approximately 10 percent, or 6.1 million couples face infertility issues annually.

Expectant couples flaunt photographs of pregnancy gender reveals, birth announcements, baby showers, and beautiful, happy families celebrating on social media—adding to the pressure and disappointment for couples unable to conceive. For many, assisted routes to parenthood are the only options for possible conception.  

Every year, thousands of intended parents decide to pursue modern family creation. Thanks to modern technology and the normalization of gestational carriers, IVF and surrogacy are popular options for many. But what are the potential pitfalls of such an arrangement?

“Although I’m a divorce lawyer by trade, nothing gives me more pleasure than to see couples embark on the journey of parenthood,” said Wilson.  “Modern family creation is a dynamic area of family law and, unlike marriage, one in which many couples do not think about what might happen should their relationship end”.

Wilson points to the recently reported Virginia case of Jessee v. Jessee as a cautionary tale in which a trial court’s award of a frozen embryo to the wife in a divorce matter was reversed by the Court of Appeals. Wilson uses this judgment to illustrate the hurdles that some intended parents with stored embryos may face down the road and provides some helpful advice about what to consider when embarking on IVF.

Here are tips that couples should consider:

Is there a contract in place regarding what should happen to the frozen embryos in the event of relationship breakdown or divorce?

It is common for fertility clinics to provide proforma contracts stating that the ownership and/or rights to embryos are to be directed by court decree or settlement agreement. If the court has not yet issued a decree and if the parties have not reached a settlement agreement, there is no contract in place directing who should be awarded the embryos.

Don’t wait until things turn sour to determine the fate of the embryos. Spend time talking to each other about parenthood and what it means to each of you. Engage with experienced professionals who can represent your individual interests to draft an agreement much like a prenuptial agreement resulting in a contract recording what will happen to the embryos should the relationship end.

What does the court consider if it all goes wrong?

When parties do not have a contract in place dictating who should be awarded frozen embryos, the court will work to understand the interests of each party. The court will want to know why the parties engaged in IVF, whether each party is physically able to have biological children through other means and the impact that that carrying an embryo to term would have on the intended parent who may no longer wish to have children. The court will also try to understand whether one party is seeking the embryos simply to punish their former partner by preventing them from being awarded the embryos.  The court has broad discretion.  

Will the court compensate you financially if your ex-partner is awarded the embryos?

No. The issue of financial compensation is something clients struggle with. Many clients believe that to quantify the value of an embryo is tantamount to placing a monetary value on life. Others feel that it is their right to be awarded compensation in exchange for their genetic material.

Consider the full force impact of parenthood

When couples decide, whether by necessity or design, to embark on a journey to freeze embryos they must fully consider the implications of their choice. Although events leading to a decision to engage in IVF may have been painful, couples are afforded the time and space to think about the commitment they are making. Parenthood requires that couples recommit to each other as a parenting team and to the life for which they may ultimately be responsible.  Think about why you want to be a parent and what it is about your partner that you think will make them a great co-parent.

Talk to each other

How does your partner articulate their desire to parent? Are you entering parenthood to please each other? Does one of you want to parent a child more than the other? If your partner is more apprehensive than you are that doesn’t necessarily mean that they will be a bad parent. Trust your instincts and communicate openly and honestly. 

Don’t get swept up in the wave

Even when pursuing IVF treatments, it is all too easy to get swept up in the idea of parenthood because it is something that society expects. The path to parenthood is not created equal and the strain couples experience when undergoing assisted fertility treatments can place a real burden on an otherwise carefree relationship. Work to futureproof from the very first steps you take, preparation and planning may just help to prevent great heartache down the road.

“Creating a family is not something anyone should rush into,” said Wilson. “Make sure that you work together as a couple to thoughtfully and fully think through all of the potential future scenarios and address them.” She added, “Although we all hope that we’ll live happily ever after, it’s always better to be prepared, and having these in-depth discussions upfront will help you to better understand each other and become a stronger team.”

Lawsuit illustration by Heather Skovlund for 360 Magazine

Four Questions to Ask Your Personal Injury Attorney

Meeting with a lawyer for the first time can be stressful, especially when you’re pursuing an important personal injury case. Need some help figuring out what to ask? Here are a few helpful suggestions:

How Much Will This Case Cost Me?

One of the most important factors to consider before pursuing a personal injury case is if it’s worth the time and effort. One way to decide that is to find out how much it will cost you. That means asking your injury attorney what their fees are.

Most lawyers work on contingency, meaning they only get paid if you win the case, in which case the amount they received is based on a percentage of your settlement. It’s also worth checking what advance costs (filing fees, medical record retrieval fees, expert witness fees, etc.) you’re liable for if you don’t win.

What Could My Settlement Be Worth?

Another major factor in deciding if a case is worth pursuing is how much you stand to gain from it. Injury attorneys can calculate an estimated settlement amount for you based on things like the cost of your medical bills, any property damages you may have suffered, wages lost due to missed work, and more.

Getting an idea of how much you can expect from a settlement is good not only for helping you choose whether or not to pursue your case, but also if a certain lawyer’s terms are acceptable to you, or if you should consider hiring someone else instead.

What Will My Role in the Case Be?

Different lawyers work in different ways. Some require a high level of participation from their clients, while others are happy to work on things on their own and only contact you when they need information. Likewise, you may want to take a more active role or you may prefer to leave it in their hands.

Whatever your preference, it’s important to know what is expected of you, and also for your injury attorney to know what you expect of them. Establishing these things through clear and upfront communication is vital to the success of any personal injury case.

How Much Experience Do You Have?

One of the most important factors to consider when hiring a lawyer, if not the number one most important factor, is how much experience that lawyer has with cases similar to yours. Even if a lawyer has worked on numerous personal injury cases over the years, there are different kinds of cases within that milieu.

From car accidents to work-site injuries to commercial negligence, an attorney can work for many years without once representing a case like yours. If you want the very best representation possible, you want to know that the lawyer you’re talking to has had both experience and success in cases like yours.

Kali Uchis illustration by Heather Skovlund for 360 Magazine

Kali Uchis Virtual Concert

Grammy-winning artist Kali Uchis and 1800 Cristalino Tequila host Sin Miedo: La Experiencia

Virtual Concert Premiere Via YouTube

Watch the performance here!

Here at 360 Magazine, we had the pleasure of viewing the premiere of Sin Miedo: La Experiencia. Leading up to the virtual concert, there was a creatively animated two-minute countdown introducing the virtual concert. Kali Uchis appears in a beautifully nude colored bodice with delicate sheer fabric flowing down the length of her legs. Surrounded by cacti, beautiful sky background and sultry lighting, Kali began her performance.

The creative direction had a heavenly yet playful vibe as Kali beautifully shifted between songs with her soft, sultry, siren-like voice. 1800 Christalino Tequila was seen strategically placed throughout the premiere and Kali poured a glass at the end of the performances as she thanked her fans for watching.

1800 Cristalino Tequila and Kali paired up to benefit the Human Rights Initiative, which is Kali’s preferred charity that provides free legal and social protections for immigrant communities in need. 50% of the proceeds from each 1800 Cristalino x Kali Uchis Cocktail Kit sold will benefit the charity.

1800 Cristalino Presents: Kali Uchis “Sin Miedo La Experiencia”

0:06 La Luna Enamorada

1:53 Fue Mejor

5:07 Aguardiente y Limón

7:48 Te Pongo Mal

9:49 An Intro for Telepatía

1800 Por Vida

  • 1.5 oz. 1800 Cristalino Tequila 
  • 1 tsp. light agave nectar
  • 2 dashes of grapefruit bitters
  • 4 oz. citrus tonic 

Directions: Combine all ingredients in a Collins glass with ice and stir. Top with tonic, stir gently to combine. Garnish with half grapefruit wheel and rosemary sprig. 

1800 Cristalino x Kali Uchis cocktail kit
new candy illustration by Rita Azar by 360 Magazine

What to Know Before Traveling with CBD

By Ed Donnelly, founder of AmourCBD

CBD, also known as cannabidiol, is the oil found in the stem of hemp plants which has the THC extracted to reach levels below 0.3%.  CBD products have become an everyday essential and as travel begins to pick up, many people are unsure if they can bring their favorite CBD products with them.  Here are a few things to keep in mind when bringing your CBD products along.

Consider state laws

Hemp’s classification changed under the 2018 Farm Bill from being considered a Schedule I drug, meaning it is no longer considered a controlled substance, thus making consumption, production, and transportation across state lines legal. In order to even be considered hemp, products have to meet very strict requirements.  For one, the THC percentage in the product cannot be higher than 0.3% otherwise it can be considered marijuana which is yet to be legalized on a federal level.  Thankfully, AmourCBD products have a 0.00% THC guarantee and are produced in an FDA regulated facility so travelers need not worry.  When transporting hemp, the product has to be produced lawfully under the 2018 Farm Bill, and the USDA has to have issued approved regulations and procedures within that specific state.  Each production plan was submitted individually by states—additional information pertaining to that can be found here.  

TSA Compliant

While transporting marijuana across state lines is not allowed since it has not been legalized on a federal level, travelers can still bring most cannabis infused products with them, like CBD, as long as they contain under 0.3% THC. Like most hygienic products such as makeup and lotions, the TSA requires that any products brought in carry-on luggage do not exceed 3.4 oz and are stored in a resealable, clear 1 qt bag. Anything greater than 3.4 oz has to be stowed away in checked luggage. All AmourCBD products are less than 3.4 oz and can be brought safely on the plane. Additionally, CBD products do not need to be declared at the airport during domestic travel as they are federally legal in the United States.

Benefits of CBD for travel jitters

Why would travelers want to bring CBD along?  Various studies have shown that CBD can be used to help alleviate symptoms associated with insomnia, anxiety, and some muscle pains. Whatever your fear may be, whether a fear of heights, flying in general, or uneasiness during turbulence, consuming products like AmourCBD’s 10mg Gummies can help significantly when conquering your flight.  Not enough legroom or stiff muscles? AmourCBD’s Pain Relief Cream, which is the very first FDA-registered CBD cream on the market, has an active ingredient of lidocaine which helps soothe discomfort quickly, and without residual smells.  If you want to combat jet lag or simply want to rest on a long flight, travelers can also use CBD in place of products like melatonin.

International Travel Guidelines

When traveling internationally, CBD regulations can become a bit less straightforward. While it is legal to travel with CBD products containing less than 0.3% THC domestically in the United States, other countries have different laws regarding CBD use. Before bringing CBD products along for international travel, check on the regulations of the country you are traveling to in order to ensure you are abiding by that country’s laws. If you are unsure, professionals suggest leaving CBD products at home since many countries have stricter CBD-related drug laws than the United States.

Check for THC in CBD Products

Be sure to double check the ingredients of your CBD products before travel. As previously stated, CBD products containing less than 0.3% THC are federally legal, but CBD products containing higher doses of THC can vary in legality by state. Especially when traveling to or from a state where marijuana is legal, make sure to check your CBD products for their THC levels. Luckily, AmourCBD products contain 0.00% THC guaranteed, ensuring safe domestic travel.

Keeping rules and regulations in mind when traveling with your CBD must-haves can help ensure a smooth and relaxing trip, especially during a time we need it most.

Why you should speak to a lawyer following a personal injury 

Personal injury claims may relate to any injury where the person or company responsible for your physical or mental suffering could have reasonably done more to prevent the injury. There are many different ways this can come about, whether it be a slip in the workplace or a car accident that wasn’t your fault (find a car accident lawyer in the city of Chicago if you have been affected). Let’s look at why you should speak to a lawyer following a personal injury. 

The legal system is complicated

Beginning a claim for personal injury compensation is not as straightforward as you might think. The process is, in fact, multifaceted. For example, the outcome of any claim will be based on evidence – where there is little or no evidence, the courts may not see fit to reward compensation. This means that starting any case begins with gathering relevant evidence. Next, the case must be filed in the appropriate way with the courts, and the other side must be informed of your intention to prosecute. If you don’t have an in-depth understanding of the legal system, speak to a lawyer from https://www.vosslawfirm.com/practice_areas/fire-insurance-claim-lawyers.cfm for more information about beginning a claim for personal injury compensation.

Claims move faster when there is structure

All too often, people believe that their claim for personal injury compensation will, sort of, just, take care of itself, as long as they make their situation known to the person or company responsible for having caused the injury. Unfortunately, you may find that the person or company responsible for having caused your injury is slow to progress your grievance towards a mutually agreeable solution. In essence, you could find that following an initial interest in your well-being, their interest begins to wane, and you could face unanswered emails and unreturned calls. By speaking to a personal injury lawyer, you will be in a position to understand the structure of the claims process, meaning you will be able to stop relying on the other side to do the right thing and you will instead be able to put in motion a meaningful progression towards the outcome you desire.

Challenge the other side’s valuation of your claim

Some people may not realise that when an offer is made by the other side, the quoted settlement figure is not necessarily the final figure that must be accepted. The whole point in the offer is to bring the case to a close, thus avoiding court and therefore keeping costs down (the majority of personal injury compensation claims do not progress to court for this reason). By speaking to a personal injury lawyer who has experience in your type of claim, you stand to learn more about what kind of settlement offer represents a fair valuation of your claim and what kind of settlement offers fall short of bringing your claim to a close.

Lawyers have a greater understanding of what to include in your claim

Your personal injury compensation claim is not limited to claiming for obvious things such as lost earnings and damage to personal property. By speaking to a lawyer, you could learn that, depending on your circumstances, your claim could include factors such as ongoing and future medical bills. Always speak to a lawyer for more information if you are unsure.    

Employee Employment Rights in California

As an employer and employee, there are certain rights and laws that you should familiarize yourself with since these laws impact current, former, and future employees of a company. A lot of lawsuits that companies find themselves wrapped up in involve simple disputes that could have been avoided had everyone known and followed the laws. Both sides need to know the laws when it comes to employee rights and they are constantly changing and evolving to make it better for everyone involved. When employee rights are intentionally violated, one should seek out an employment lawyer

What Are Some of the Biggest Employee Employment Rights in California?

One of the biggest sections of the employee employment rights in the state of California has to do with discrimination. While discrimination is illegal at both the state and federal level, there’s still discrimination happening all over. Even though the Civil Rights Act of 1964 made discrimination illegal, it’s still a huge problem for companies as the rights evolve for certain groups.

  • It’s illegal for a company to discriminate against someone due to their gender or sex. A job applicant cannot be treated unfairly due to their gender identity. In California, this includes the transgender community. Both men and women also should be paid equally for equal work which was mandated in the Equal Pay Act.
  • You cannot be discriminated against for your nationality, race, and religion due to laws established by the Equal Employment Opportunity Commission. The Civil Rights Act of 1965 makes it federally illegal for an employer to discriminate against anyone for these characteristics. An employer cannot hire, fire, discipline, demote, harass, or refuse to hire someone based on race, religion, color, or national origin.
  • An employee also has rights when it comes to disabilities and the Americans with Disabilities Act protects employees with those issues. Employers cannot discriminate against someone with a disability, which includes hiring, not hiring, firing, demoting, or reassigning someone. Reasonable accommodations are expected to be given by the employer, such as more breaks if the person is diabetic and needs medication or needs food. If the person is in a wheelchair, proper parking spaces and accommodations must be made free of charge to that employee.
  • It’s also illegal for an employer to discriminate based on age due to the Age Discrimination in Employment Act. An employer cannot fire or refuse to hire someone due to them being over the age of 40. It’s illegal for any company to fire older employees just to bring in younger ones at much lower pay.

California Wage & Hour Employee Rights

It’s important to note that in California, the wage and hour laws are only applicable to those that are non-exempt. Meaning, if you’re not a full-time employee or you’re an independent contractor, the overtime and meal break laws will not apply. Exempt employees often include those in administrative, professional, and executive roles.

  • Employers are required to pay an employee the minimum wage which changes quite often. By the year 2022, California will make it required that companies provide a $15 an hour minimum wage.
  • You also have the right to receive overtime pay if you work more than 40 hours in one week or more than 8 hours in one day. An employer cannot try to get around these rules by demanding an employee work off the clock. If there are more than 12 hours of work in a day, then the employer has to pay double time.
  • Meal breaks must be given if an employee works for more than five hours in one day and the meal break must be 30 minutes or more. If an employee works over 10 hours in one day, then they will also get an additional meal break of 30 minutes. Rest periods are a right for all employees as well. It’s a right that those within the non-exempt category get at least one 10-minute break every four hours.

Termination & At-Will Laws

California law is that most employees work in an “at-will” category, meaning that an employee can fire you at any time for any reason. The employer doesn’t have to justify the firing but it cannot be termination based on retaliation or discrimination. An example of this would be if someone was fired after they filed a sexual harassment complaint against a co-worker. Being fired for filing that complaint would be illegal. If there was discrimination or retaliation at play in the firing, a wrongful termination lawsuit would be justified. For overtime and unpaid wages, consult with an unpaid and overtime lawyer.

Copyright Modernization Forum

By Ellis Brachman

On Thursday, July 16, at 10 am ET, the Library of Congress Office of the Chief Information Officer and the U.S. Copyright Office will host a virtual public forum on Copyright Office IT modernization. The purpose of Copyright Office IT modernization is to ensure that the creative community and other copyright users have a nimble, state-of-the-art, and efficient IT system at their service. This forum will be an opportunity to share information and receive feedback from stakeholders and the public on current Copyright Office IT modernization progress and future milestones. Acting Register of Copyrights Maria Strong and the Library’s Chief Information Officer Bernard A. Barton, Jr. will lead the event, providing an overview of the new Enterprise Copyright System that is being developed and the technical, user experience design, and IT security approach guiding this joint effort.

The forum will include demonstrations of the Recordation and Online Public Record applications that are in testing and pilot phases and an early look at planning for the Registration and Licensing applications, which will begin development soon. The forum will close with an opportunity for participants to ask questions of the Acting Register, CIO, and other presenters about the IT modernization effort. For more information about Copyright Office IT modernization, visit copyright.gov/copyright-modernization/.

The virtual public forum is free and open to the public, and participants must register to participate. Request ADA accommodations five business days in advance at (202) 707-6362 or ADA@loc.gov.

The Library of Congress is the world’s largest library, offering access to the creative record of the United States — and extensive materials from around the world. It is the main research arm of the U.S. Congress and the home of the U.S. Copyright Office.

NYC, Vaughn Lowery, 360 MAGAZINE

Road Safety Tips Every Truck Driver Should Know

Long-distance truck driving can be a great job, but it can also be very dangerous. Every year, there are over 500,000 accidents involving trucks on American roads. More than 10% of all traffic accidents in the US involve a trucking accident. Driving long haul can be very, very physically and mentally and a moment’s lapse in concentration can have fatal consequences. 5,000 trucking accidents each year lead to death so it is so important to take every measure necessary to drive safely. 

This article lays out four road safety tips that every truck driver should know.

1. Do Not Drive If You are Tired

Long haul driving is extremely extraneous and tiredness is one of the main contributing factors in traffic accidents. If a driver is tired they may momentarily lose concentration or even fall asleep, both of which can lead to a crash. Being overly exhausted and staring for hours at the road can even lead to hallucinations which can cause a driver to make a mistake. Over 70,000 accidents a year come as a result of drowsy driving and these lead to more than 800 deaths. The expert attorneys at http://www.kraftlaw.com/, who represent drivers in all kinds of accidents, told us that it is vital for long-distance truck drivers to ensure that they have plenty of sleep before doing a long drive or an accident can easily occur for which they may be culpable. Whether you are a long-distance truck driver or a parent on the way home for a school run, your legal case will be significantly weakened if you were found to be overly tired when involved in a crash. Many truck drivers consume large quantities of caffeine or other stimulants to stay awake and alert, but these can distort judgment and affect reaction times so being well rested before the trip is a much safer method. 

2. Make Sure Your Truck is Fully Operational

A huge number of traffic accidents are caused by a mechanical failure and so it is vital to make sure that your truck is fully operational and that the brakes, lights, and other important safety features are all working perfectly. It is far better to check your truck before the trip rather than having to stop and find somewhere to make repairs. Not only may you not be able to find a place that can do the necessary repairs, but even if you do, the delay will put you behind schedule. This may cause you to speed which will increase your chance of an accident. Not only should you personally check your truck each time, but all commercial trucks should be regularly serviced by professional mechanics to make sure that they are up to road standards. 

3. Rest Every Few Hours

As well as getting lots of sleep before the journey, take regular rest stops along the way. This gives you a chance to recharge your batteries and to switch off mentally for a little while. Maintaining the concentration levels necessary to do a long drive is incredibly taxing so regular rests are very important to make sure that you don’t lose focus. Plan these stops on your route before you head off to break the journey up into manageable chunks. Budget the stops into your predicted driving time and make the most of each one. Whether you are stopping for a bite to eat, for a cigarette, or a nap, make sure that you are fully refreshed before you set off again. Meal times are a great time for rest stops and if you are driving a route you know well, you probably already have your favorite eateries to stop off at on the journey. Take your time and you will be well-rested and ready to continue.

4. Don’t Exceed the Speed Limit

Make sure you plan the journey well and give yourself enough time so that you can take those important rest stops and don’t have to speed. More than 50% of crashes are caused by speeding or careless driving and it can be so tempting to exceed the speed limit when you are falling behind schedule. When you are planning your route, assume there will be heavy traffic, roadblocks, or other obstacles and take them into account when estimating your journey time.

Long-distance truck driving can be a fantastic way to see the country and to spend some time with your thoughts. To make sure that you finish your journey safely, it is vitally important to follow all appropriate safety measures. Being well-rested, making sure your truck is working properly, and planning your route and time carefully are all key to safe long-distance truck driving. Take these tips into account next time you are planning a long haul journey.

CBDistillery

CBDistillery was founded in 2015 by two Colorado natives. The legacy brand of Balanced Health Botanicals (BHB), CBDistillery was born with the mission to bring the highest quality, fairly priced CBD to the masses. CBDistillery is now one of the nations’ largest and fastest growing retailers of hemp-derived CBD products in the world, reporting $41.3 million for 2018 (450% growth YoY). Today, BHB owns and operated some of the largest manufacturing operations and brands, including CBDistillery, in the hemp-derived CBD market. Through vertical integration, BHB is uniquely positioned to control the entire process from seed-to-sale. BHB is known for its high-quality consumer-focused products and best-in-class manufacturing processes.

In a recent segment, co-hosts and lifestyle expert Lifestyle expert, Milly Almodovar gave viewers a breakdown of CBD and the different products available in the market.

CBD Guide

Gummies
Products
Oils
Capsules

TPS Holders Sue Trump Administration

Six adults with Temporary Protected Status (TPS) and two U.S. citizen children of TPS holders filed a class-action lawsuit today seeking to stop the unlawful termination of TPS for over 100,000 TPS holders from Honduras and Nepal and prevent the separation of tens of thousands of U.S. citizen children from their TPS-holder parents. The suit was filed in the United States District Court for the Northern District of California. Plaintiffs are represented by the ACLU Foundation of Southern California and ACLU Foundation of Northern California in the release, Asian Americans Advancing Justice-Asian Law Caucus, Asian Americans Advancing Justice-Los Angeles, the National Day Laborer Organizing Network, and Sidley Austin. [Read the filing here]

In October of 2018, the Court enjoined the termination of TPS for Sudan, Nicaragua, Haiti, and El Salvador, finding substantial evidence that the terminations were motivated by racism and violated the Administrative Procedure Act. Plaintiffs in Bhattarai v. Nielsen allege that the terminations of TPS for Honduras and Nepal suffer from the same legal flaws and should be set aside. Plaintiffs also allege that the terminations are unconstitutional because they require the U.S. citizen children of TPS holders to choose between their country and their family.

Plaintiff Keshav Raj Bhattarai, a member of Adhikaar and Nepali TPS holder shares, “I am proud to be a part of this lawsuit, for all the other Nepali TPS holders like me. With TPS I have been able to build a new life here with my family and I have a found a stable job. When I see so many people’s lives at risk in losing TPS, I am troubled to see that this country would harm its hardworking workers and people. I wish to continue working to support this country, and also continue supporting the rebuilding of Nepal, which is still recovering from the earthquake.”

The complaint filed today alleges that, in terminating TPS for Honduras and Nepal, political appointees in the Department of Homeland Security deliberately ignored recommendations from U.S. Ambassadors and evidence of conditions on the ground. Instead, they predetermined that TPS must be terminated to further the President’s “America First” policy, which seeks to exclude non-white, non-European immigrants. The complaint recites a litany of racist statements made by President Trump in reference to Latin American and South Asian countries and immigrants, including referring to immigrants as snakes and animals, mispronouncing Nepal as “nipple,” and faking an Indian accent in imitation of Indian Prime Minster Narendra Modi.

Plaintiff Donaldo Posadas Caceres, a member of the Painters’ Union (IUPAT DC21) with TPS from Honduras explains, “I’m taking part in this lawsuit not just for myself and my daughter but for everyone who would be hurt by our TPS being taken away. Forcing our children to choose between the life they have here or a country they don’t know is unfair. Sending all of us to danger and instability is unjust. I’m proud to have been a union painter for two decades in this country and it does not feel right to see all of that just cut away.”

Jessica Bansal, NDLON’s Co-Legal Director, said: “The Trump Administration is illegally trying to gut the humanitarian TPS program, but TPS holders are fighting back. They have already won a temporary reprieve for hundreds of thousands of TPS holders. With today’s filing, they seek to protect tens of thousands more.”

Plaintiffs in the lawsuit are members of diverse organizations fighting to defend TPS in the courts and in Congress, including Adhikaar, the International Union of Painters and Allied Trades (IUPAT), AND the National TPS Alliance.

Jenny Zhao, Staff Attorney at Advancing Justice – Asian Law Caucus, said: “The Trump Administration’s plan to end TPS for Honduras and Nepal must be stopped before it causes immeasurable harm to TPS holders, their families, and their communities.”

Minju Cho, Staff Attorney at Asian Americans Advancing Justice – Los Angeles said: “TPS holders are valued members of our communities. They are parents to tens and thousands of U.S. citizen children. TPS is vital to people’s ability to work and provide for themselves and their families. We are proud to stand alongside these communities in their fight against the Trump administration’s unconstitutional attempt to take TPS away.”

Ahilan Arulanantham, Senior Counsel at the ACLU of Southern California, said: “We are proud to represent these courageous U.S. citizen children and their parents who held Temporary Protected Status before the Trump Administration unlawfully stripped it away. They ask only that our government respect their due process rights. We hope the Court will uphold the rule of law and grant them the protection they deserve.”