Distinct Roles of MLFA and CAIR: How Our Missions Align and Diverge

CAIR vs. MLFA

Distinct Roles of CAIR and MLFA: How Our Missions Align and Diverge

At the Muslim Legal Fund of America (MLFA), we often find ourselves compared to the Council on American-Islamic Relations (CAIR). While both organizations serve the American Muslim community and fight for civil rights, our approaches and areas of focus differ significantly. It’s important to highlight these distinctions while emphasizing that there’s enough work for all of us to do and that we often collaborate to amplify our collective impact.

Civil Litigation Department: Federal Court Focus and Strategic Impact

  1. Workload and Need: The demand for legal representation and advocacy in the Muslim community is overwhelming. There’s no question of competition between us and CAIR because there’s enough work to go around. We are exceeding our capacity and often turn people away due to limited resources. For example, MLFA’s acceptance rate is roughly 1%, meaning we must decline 99% of the cases brought to us. This underscores the need for more collaboration, not rivalry.
  2. Federal vs. State Focus: One of the primary differences between MLFA and CAIR is jurisdictional focus. While CAIR handles state court matters, the Civil Litigation Department at MLFA operates almost exclusively in federal court, focusing on civil rights cases with broad implications. Our goal is to leverage the federal court system for systemic change, even when working on individual complaints. When we receive state court matters, we refer them to CAIR, trusting them to represent the community effectively at that level.
  3. Activism vs. Litigation: CAIR is known for its community-based activism and advocacy, while MLFA functions more like a nonprofit law firm. Our public statements are primarily made through the courts in active cases. We recognize the need for both approaches and the time for each, which is why where we overlap with CAIR, we welcome collaboration.
  4. Collaboration: We’ve partnered with CAIR on numerous occasions, such as having CAIR attorneys serve as local counsel in federal cases or filing amicus briefs in support of their litigation efforts. This reflects our shared mission to protect civil rights, even though we operate in different arenas.
  5. Specialization and Expertise: MLFA’s civil litigation team is specialized in federal court practice and recognized as experts in this area. For example, our attorneys have earned prestigious accolades such as being Board Certified by the Texas Board of Legal Specialization, which few organizations, including CAIR, can claim. This certification reflects years of experience and expertise in handling complex civil rights litigation.

 

Criminal Defense Department: Protecting Constitutional Rights

MLFA’s Criminal Defense Department is another key area where we differ from CAIR. Our dedicated, specialized team takes on high-stakes national security cases in federal court, a niche that sets us apart not just from CAIR, but from most other nonprofit legal organizations, Muslim or otherwise.

  1. National Security Representation: In national security cases, MLFA defends individuals against allegations that threaten constitutional rights in the name of protecting national security. No other nonprofit legal organization provides direct representation in these federal cases, which include terrorism-related charges and sanctions compliance, in the vein we do.
  2. Courtroom Success: Our track record in these cases speaks volumes. MLFA has been involved in rare full acquittals, cases where terrorism charges were dropped, and where convictions occurred, sentences have been significantly below the national average. Our experience in court enables us to defend our clients successfully and protect the broader community from unwarranted prosecution.
  3. Broader Impact: MLFA’s work doesn’t stop in the courtroom. We also educate other defense lawyers, judges, and lawmakers on how national security laws are being misused, helping to prevent the erosion of constitutional rights. Our criminal defense attorneys advise organizations and individuals on navigating national security laws, ensuring they can continue their humanitarian work abroad without fear of legal repercussions.


Immigration Department:

Immigration Litigation Department:

  1. Expertise in Federal Immigration Law: MLFA’s Immigration Litigation Department specializes in representing applicants for immigration benefits in high-stakes cases where we believe U.S. immigration agencies are violating their civil rights based on religion, nationality, or country of birth and where there is an intersection with national security law.  This differs from CAIR’s immigration work which focuses primarily on civil rights, lobbying, media relations, and local activism.
  2. Representation in Complex Cases: Under a complex legal framework that requires expertise in both immigration law and constitutional rights like due process and equal protection, MLFA represents individuals such as those seeking U.S. citizenship, lawful permanent residence, or defense from deportation whose cases may be affected by Executive Orders and political shifts in immigration laws that result in Muslims noncitizens experiencing excessive delays or erroneous denials of their immigration benefits.
  3. Immigration Impact Advocacy:  MLFA’s immigration work directly impacts the application of immigration law and policy through federal court litigation, giving a broader reach to its efforts in protecting the rights of Muslims and other minority communities who are targets of biased laws or policies, while CAIR may focus more on community-based immigration workshops or awareness.


Nonprofit Governance Department:

  1. Unique Nonprofit Legal Support: The creation of MLFA’s nonprofit governance department in and of itself was unique and provided a point of origin for other organizations to launch similar work. MLFA’s NPG department provides specialized legal assistance to Muslim charities and organizations on compliance with state and federal regulations, governance, and nonprofit best practices, all focal points traditionally different from CAIR’s
  2. Protecting Civil Liberties for Nonprofits: MLFA ensures that Muslim nonprofit organizations operate within legal boundaries while advocating for their rights in the face of restrictive policies, protecting the collective civil liberties of the Muslim community.
  3. Capacity Building for Muslim Nonprofits: As the original leader in this arena, MLFA educates, trains and advises nonprofit leaders and attorneys on legal risks, transparency, and sustainability, all key for the success of our Muslim American nonprofit sector.


So, in short, what are some of the differences?

CAIR focuses on advocacy, public engagement, and civil rights, while MLFA provides legal defense funding and supports cases that defend Muslims’ civil liberties and human rights within the legal system. MLFA funds high-profile and complex legal cases in the contexts of national security, civil liberties, immigration, and nonprofit governance. The cases often involve defending Muslims against government overreach, such as surveillance, deportation, or wrongful imprisonment. Additionally, our attorneys are widely recognized as experts in their specialty areas and have been for a number of years – among our crew are a SuperLawyer by Thompson Reuters (she has also been listed under Top Women Attorneys in Texas), a Best Lawyer, and One to Watch.

To couch this topic as a “versus” would be a disservice and injustice to the tremendous work of both organizations and each is vital. MLFA and CAIR occupy distinct and unique spaces in work impacting Muslim civil rights. At the same time, the work of our unique organizations complements one another and simultaneously empowers the Muslim community.