In a complaint filed Friday, the ADC and ACRL said that it was the government's responsibility to protect U.S. citizens abroad and that it was failing to protect those Americans in the Gaza Strip as Israel has laid siege to the area following the attack by the terror group Hamas the previous weekend.
According to the complaint, the State Department has told the groups that it would not engage in evacuation efforts for U.S. citizens in Gaza, even though the U.S. citizens in the area had no prior notice the that area would be embroiled in violence and they had no ability to flee, particularly as land borders have been closed and Gaza is subject to an ongoing naval blockade.
"The situation in Gaza presents a stark and disturbing reality where Palestinian Americans are among the victims of Israel's indiscriminate bombing campaign," ADC National Executive Director Abed Ayoub said in a press release Friday. "Our lawsuit underscores a grave concern: the deeply troubling inaction of the U.S. government in ensuring the safety and well-being of its own citizens. We believe that every American deserves the unequivocal support and protection of their government when faced with life-threatening circumstances."
The complaint cites press reports that the Israeli Defense Force is planning to intensify attacks on Gaza's population centers, including the possibility of a ground invasion, while water, electricity, food and medical supplies to the area have been cut off and hospitals are closed, damaged or over capacity.
According to the complaint, 12 other countries are making active efforts to evacuate their citizens from the war zone, but the U.S. is only offering flights for U.S. citizens out of Israel.
The plaintiffs in the suit also include Zacharia A. Alarayshi and Laila K. Alarayshi, Palestinian Americans who live in Michigan but were visiting family in the Gaza Strip when the war broke out and, as of the filing of the complaint, had reported that the home next to the one they'd taken shelter in was bombed.
"They have taken up arms against no one," James P. Allen Sr. of Schenk & Bruetsch PLC, representing the plaintiffs, said Monday. "They have engaged in no violence. They are not politically aligned or affiliated with any group engaged in the fighting. They are Americans and entitled to the same protection from harm as Americans evacuated from war zones and from natural catastrophes all over the globe."
The suit seeks an injunction compelling the U.S. government to use all available resources to evacuate U.S. citizens from Gaza and bring them back to the U.S., and a declaration that the inaction up to now is arbitrary and capricious and in violation of constitutional protections for U.S. citizens.
"Protecting the lives of our fellow Americans is our most urgent priority in this crisis," Nabih Ayad, founder of the ACRL, said in the press release." Our dedication to their safety is a testament to our shared humanity, and it transcends any political divisions. We call on our community and the nation to join us in unity, for together, we can ensure the safe return of our citizens."
A spokesperson for the secretary of defense declined to comment Monday.
Representatives for the plaintiffs and the State Department could not immediately be reached for comment Monday.
The plaintiffs are represented by James P. Allen Sr. of Schenk & Bruetsch PLC and Zachary A. Hallman of Meroueh & Hallman LLP.
Counsel information for the government defendants was not available Monday.
The case is Alarayshi et al. v. US Secretary of State et al., case number 4:23-cv-12599, in the U.S. District Court for the Eastern District of Michigan.
--Editing by Rich Mills.
Correction: A previous version of this article misspelled the secretary of state's first name. The error has been corrected.
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