Federal Judge Temporarily Blocks Trump Immigration Order


The court’s stay is temporary; the White House will have it reinstated as soon as possible.

The federal court for the Eastern District of New York issued an emergency stay halting President Donald Trump’s executive order banning entry to the US from seven majority-Muslim countries tonight, following widespread protests at airports around the country.

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UPDATE: Shortly after 9 p.m. ET, Judge Ann Donnelly (EDNY) granted the ACLU’s Emergency Motion for Stay of Removal on behalf of a number of people who arrived at U.S. airports, pursuant to lawful visas or refugee applications, but were not admitted entry.

he order states that petitioners have shown a “strong likelihood of success” and that their removal would violate the Due Process and Equal Protection clause, and cause irreparable injury. (Note, this order only applies to those already in the country, and thus protected by the Constitution; the same analysis does not apply to those outside the United States).

As a result, the court issues what is effectively a nationwide stay, enjoining all of the named respondents, including President Trump, Secretary Kelly, and the acting director of the CBP, from the “commission of further acts and misconduct  in violation of the Constitution as described in the Emergency Motion for Stay of Removal.”

The critical part is what they are enjoined from doing:

ENJOINED AND RESTRAINED from, in any manner or by any means, removing individuals with refugee applications approved by U.S. Citizenship and Immigration Services as part of the U.S. Refugee Admissions Program, holders of valid immigrant and non-immigrant visas, and other individuals from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen, legally authorized to enter the United States.

Further, the court orders the Marshal for the Eastern District of New York to “take those actions deemed necessary to enforce the provisions and prohibitions set forth in this Order.”

This opinion, though, only affects the small number of people who were in-transit when the order was issued, and arrived after it went into effect. The Constitution attaches to their status, and they cannot be held in violation of the Due Process Clause. The same analysis does not apply to aliens outside the United States.

Federal judge blocks Trump immigration order: report
By Brooke Seipel, The Hill, January 28, 2017:

The federal court for the Eastern District of New York has issued an emergency stay halting President Trump’s executive order banning immigrants from seven Muslim-majority countries from entering the U.S, The Verge reported Saturday night.

The court ruled on a habeas corpus petition filed by the ACLU on behalf of two Iraqi men who were detained at John F. Kennedy International Airport on Friday after Trump’s ban.

Since then both men, Hameed Khalid Darweesh and Sameer Abdulkhaleq Alshaw, have reportedly been granted entry to the U.S.

Trump’s order handed down Friday bars Syrian refugees indefinitely and halts the resettlement of all refugees for four months for the administration to review the vetting process.

Admission will resume only after vetting has been deemed “adequate” by the secretary of State, the secretary of Homeland Security and Director of National Intelligence.

The order also denies entry for 90 days for individuals from seven predominantly Muslims countries: Iraq, Iran, Somalia, Sudan, Syria, Libya and Yemen.

Article posted with permission from Pamela Geller.

Pamela Geller’s commitment to freedom from jihad and Shariah shines forth in her books

 

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