Sunday, January 29, 2017

Federal Judge Halts Part of President Trump's Immigration Order; Stops Deportation of Refugees (VIDEO)

Trump's going to win. Some of his executive order may be struck down, especially the ban on return entry for green card holders, but he's going to win. It's the executive's authority to implement immigration laws. We're in for big changes, and for all the hand-wringing, they will be far-reaching.

At the Los Angeles Times, "Federal judge blocks deportations under Trump's 'extreme vetting' order for refugees and others with valid visas":

After a day of chaos at airports around the world, a federal judge in Brooklyn on Saturday night stayed deportations under President Trump’s executive order barring citizens of some Muslim countries from entering the United States.

U.S. District Judge Ann M. Donnelly ordered a halt to any removal of refugees or others who hold valid visas to enter the United States — meaning those who have arrived at U.S. airports from the seven predominantly Muslim countries named under the president’s executive order can remain, for now.

The judge did not rule on the legality of the executive order, nor did she say that others who have not yet arrived in the U.S. can be allowed to proceed.

The ruling came in response to a petition filed by the American Civil Liberties Union on behalf of two Iraqis detained at John F. Kennedy International Airport in New York: Hameed Khalid Darweesh, who was an interpreter for the U.S. military, and Haider Alshawi, who was on his way to join his wife, who had worked for a U.S. contractor in Iraq.

ACLU attorneys argued that returning either petitioner could cause “irreparable harm” by exposing them and their families to retaliation from extremists.

The two lead plaintiffs were held by authorities and threatened with deportation, even though both “assert a fear of returning to their countries, and if they are not admitted pursuant to their valid entry documents, [they] seek an opportunity to pursue asylum,” the lawyers argued in the emergency petition.

“This ruling preserves the status quo and ensures that people who have been granted permission to be in this country are not illegally removed off U.S. soil," said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project, who argued the case.

The executive order Trump signed Friday suspends all refugee entries for 120 days, blocks Syrian refugees indefinitely and bars for 90 days the entry of citizens from Iraq, Iran, Syria, Yemen, Sudan, Libya and Somalia.

While the court did not take on the legal merits of that action, the judge’s order said the Trump administration and its employees are  “enjoined and restrained from the commission of further acts of and misconduct in violation of the Constitution.”

“The petitioners have a strong likelihood of success in establishing that the removal of the petitioner and others similarly situated violates their rights to Due Process and Equal Protection guaranteed under the United States Constitution,” the court ruled.

Surrounded by a throng of cheering demonstrators, who had rushed from Kennedy airport to the Brooklyn courthouse, an exultant Anthony D. Romero, executive director of the ACLU, said, ``This was a remarkable day. What we’ve shown today is that the courts can work. They are a bulwark in our democracy when President Trump enacts laws or executive order that are unconstitutional and illegal.’’
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