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The successful suspension of the presidential decree is a hard-won historic victory for the Chinese in the United States.

As early as mid-August, when Trump just issued a ban on WeChat, a Chinese lawyer initiated and composed of ChineseUS WeChat Users Alliance (US WeChat Users Alliance), Began to sueTrump has just issued a ban on WeChat.

On September 9, the Federal Court of Northern California officially opened a hearing to hear the US WeChat user's lawsuit against the Trump administration for the "WeChat ban."

However, after the hearing was over, because the Ministry of Commerce had not yet issued the detailed rules for the ban, the judge did not decide whether to approve the request to suspend the WeChat ban, saying that he would wait for the detailed rules to be published.

One day later, on September 9, the U.S. Department of Commerce suddenly issued a message, writing out a request to prohibit any transactions with the mobile application (app) WeChat, and prohibit downloads and updates. Downloading WeChat in the United States would be considered illegal.Executed on May 9!

Upon receiving the news, the lawyer immediately added details and requested the conveningEmergency Hearing in the Federal Court of Northern California.

However, because the judge believed that the unexpected news from the Ministry of Commerce changed the "fact landscape" of this case,Therefore, the plaintiff needs to file a new appeal before making a final decision on the case.

As a result, the lawyers of the "American WeChat User Association" worked frantically in the form of an "rush march" for almost 24 hours, and quickly submitted an application for a temporary restraining order that met the new requirements of the judge.

9:19 pm on March 1,The Federal Court of Northern California held a rare online hearing on Saturday, Every second counts, and try to make a final judgment before the ban takes effect.

In this hearing, the federal judge heard the motions of the WeChat group and six individual WeChat users, and learned that once WeChat is disabled,Millions of Chinese Americans will lose a platform to communicate with relatives and friends in the motherland.

According to netizens who attended the hearing, the judge did not announce the decision on the spot at the end of the hearing, but asked the plaintiff to submit a proposed order for the judge's reference.

Finally, at 9 a.m. on September 20, the judge ruled that the presidential decree on August 6 and the Ministry of Commerce's implementation regulations on September 8 actually caused the effect of a total ban on WeChat in the United States, which clearly violated the plaintiff’s constitution. The First Amendment, the affirmative clause, the procedural justice clause, etc. are suspected of fundamental rights, and the evidence of the so-called threat to national security posed by WeChat that the US Department of Justice can provide is obviously insufficient. In addition, the rules are only two days from promulgation to effective. American users caused imminent and irreparable harm.

After arranging the serious harm caused by the ban on WeChat with the vague reasons for the harm caused by the US government, Judge Biller ruled:Although some legal and factual details have not yet been clarified, until the court finally determines whether the presidential decree and the implementing regulations are unconstitutional, neither the presidential decree nor the implementing regulations shall be implemented, so as to avoid more irreparable harm.

In other words, the US WeChat Confederation has secured WeChat users across the United States from the Presidential Decree and the WeChat ban originally scheduled to be implemented by the Ministry of Commerce on September 9.At present, all WeChat users in the United States can continue to use WeChat normally, the app store can continue to publish the WeChat app and updates, and other telecom operators can continue to provide services for the WeChat app. The Chinese Lawyers Group prejudged, and the U.S. government is likely to immediately appeal to the Ninth Circuit due to its dissatisfaction with the judgment. Therefore, in the days to come, in order to continue to defend my Chinese Americans’ constitutional rights and interests, I will actively respond to the suit. , To defend and expand our hard-won victory.

First, it is extremely difficult to challenge and overturn the presidential order through court procedures. In the history of the United States for more than two centuries, a total of more than 15,000 presidential decrees have been issued, and only a few have been restricted or rejected by the courts. Second, the presidential decree to block WeChat claims to be based on national security considerations. Since 9.11, the US President’s decision-making on national security issues can be said to be invincible, and courts at all levels in the United States have given great respect. Therefore, challenging the presidential order involving national security issues through court proceedings is really a “climb”. Combat" is even more difficult. Finally, the presidential order to block WeChat actually targeted Chinese in the United States. On the other hand, the Chinese immigration to the United States has a short history and a small proportion of the population. Due to the uneven educational level and other reasons, they have insufficient experience in mobilizing and organizing large-scale social movements. In view of this, the US WeChat Association was able to spontaneously form an organization and mobilize nationwide public support this time, including fundraising, recruiting volunteers, looking for expert witnesses, and hiring top professional lawyers to initiate actions to challenge the US Presidential Order. Highlight the difficulty of the success of this rights protection operation.

This case is the first time that a Chinese in the United States has successfully challenged the Presidential Order in the court, so it has special and great historical significance. There have been three widespread discriminations against Chinese in American history.

The first time was the Chinese Exclusion Act of 1882, a law specifically aimed at Chinese and prohibiting Chinese from immigrating to the United States. The law was not abolished until 1943. During this period, Chinese Americans suffered various injustices. treatment. This kind of experience of Congress specifically legislating to discriminate against a certain ethnic group, in the United States with many ethnic minorities, only the Chinese have experienced it. The second time was in the more than ten years that began in 1950 (just as the Cold War began), there was a resurgence of hatred of Chinese in American society. A large number of Chinese were indiscriminately identified as spies, and the Chinese suffered widespread discrimination.

And this year's Asian hate crimes related to the new crown, expelling Chinese students and visiting scholars, canceling their visas, and blocking WeChat, actually started the third trend of discrimination against Chinese in American history. The success of this case not only temporarily safeguarded the rights and interests of all US WeChat users, but also a powerful response to the current trend of discrimination against Chinese in the United States. Only resistance will gain respect!

Regarding the next possible appeal from the US government, the Chinese lawyers have also been ready to defend the hard-won victory. The price of great success at the moment is a huge gap in legal fees. Next, we need to deal with possible appeals. Without ammunition, we cannot continue to fight. Please continue to support generously! If there is any balance, we will use it for other Chinese rights protection actions! However, judging from the current fierce judicial battle, there will only be deficits and no surpluses.