Judge Blocks Part of Trumps Immigration Order. NYT

[elleng]

'A federal judge blocked part of President Trump’s executive order on immigration on Saturday evening, ordering that refugees and others trapped at airports across the United States should not be sent back to their home countries. But the judge stopped short of letting them into the country or issuing a broader ruling on the constitutionality of Mr. Trump’s actions.

Lawyers who sued the government to block the White House order said the decision, which came after an emergency hearing in a New York City courtroom, could affect an estimated 100 to 200 people who were detained upon arrival at American airports in the wake of the order that Mr. Trump signed on Friday afternoon, a week into his presidency.

Judge Ann M. Donnelly of Federal District Court in Brooklyn, who was nominated by former President Barack Obama, ruled just before 9 p.m. that implementing Mr. Trump’s order by sending the travelers home could cause them “irreparable harm.”

Dozens of people waited outside of the courthouse chanting, “Set them free!” as lawyers made their case. When the crowd learned that Judge Donnelly had ruled in favor of the plaintiffs, a rousing cheer went up in the crowd.

While none of the detainees will be sent back immediately, lawyers for the plaintiffs in the case expressed concern that all those at the airports would now be put in detention, pending a resolution of the case. Inviting the lawyers to return to court if the travelers were detained, Judge Donnelly said, “If someone is not being released, I guess I’ll just hear from you.”'

https://www.nytimes.com/2017/01/28/us/refugees-detained-at-us-airports-prompting-legal-challenges-to-trumps-immigration-order.html?

[progree]

1. +++

[struggle4progress]

2. 2nd judge halts deportations at U.S. airports

BY HANNAH ALLAM
WASHINGTON

Two federal courts ruled late Saturday against part of President Donald Trump’s executive order barring citizens of seven Muslim nations from entering the United States.

A federal court in Brooklyn granted a nationwide stay preventing the government from deporting people who arrived with valid U.S. visas. “Our own government presumably approved their entry to the country,” said Judge Ann Donnelly of the Eastern District of New York.

A second judge in Virginia issued a temporary restraining order preventing the deportation of permanent U.S. residents who arrived at Dulles International Airport outside Washington. U.S. District Judge Leonie M. Brinkema of the Eastern District of Virginia also ruled that the detained passengers must be given access to an attorney ...

The ACLU estimates that between 100 and 200 people are being held in U.S. airports because of Trump’s executive order, which upended thousands of lives overnight, including permanent U.S. residents who were denied entry or stranded abroad over the weekend ...

http://www.sacbee.com/news/nation-world/national/article129406304.html

[elleng]

3. Getting better every hour!

[progree]

4. Whew! They are "only" being detained indefinitely

A step in the right direction from being immediately deported, but still sucks almightily.

[progree]

5. 3rd judge, in Seattle, bars removal. But nothing about ending their detention.

Eric Lipton ✔ @EricLiptonNYT
Here is the Seattle court order staying action. Third of the day.

Link to tweet

…
10:47 PM - 28 Jan 2017
467 467 Retweets 702 702 likes


Stay order: https://assets.documentcloud.org/documents/3437037/Seattle-Order-20170128.pdf

[progree]

6. Well, here are two releases -- DHS and State Depts can make case-by-case exceptions

The civil rights group is representing dozens of travelers held at John F. Kennedy International Airport Friday and Saturday, including two Iraqis with ties to the US military who had been granted visas to enter the United States.

The two Iraqis, Hameed Khalid Darweesh and Haider Sameer Abdulkaleq Alshawi, had been released by Saturday night. But lawyers for other detained travelers said in a court filing that "dozens and dozens" of individuals remained held at JFK.

Darweesh, who worked as an interpreter for the US during the Iraq War, was released from detention early Saturday afternoon.

Alshawi was released Saturday night, according to his attorney, Mark Doss.

A source with knowledge of the case confirmed Darweesh will be allowed into the US due to provisions in Trump's order that allow the State and Homeland Security departments to admit individuals into the US on a case-by-case base for certain reasons, including when the person is already in transit and it would cause undue hardship and would not pose a threat to the security of the US.

http://www.cnn.com/2017/01/29/politics/ny-immigration-order-stay/index.html

[progree]

7. Well here's another release -- a 75 year old grandmother from Iran

This green card holder from Iran also just released after hours in detention at LAX, reunited with her family living in San Diego.
3:16 AM - 29 Jan 2017
http://www.democraticunderground.com/?com=view_post&forum=1014&pid=1682286

[progree]

8. DHS vows to enforce Trump's travel bans, despite court order

the DHS said it would "continue to enforce all of President Trump's Executive Orders in a manner that ensures the safety and security of the American people."

It said: "President Trump's Executive Orders remain in place - prohibited travel will remain prohibited, and the US government retains its right to revoke visas at any time if required for national security or public safety."

White House officials also insisted there was nothing in the court order which impeded the executive order and it remained in full effect.

Read more: http://www.independent.co.uk/news/world/americas/donald-trump-travel-bans-department-of-homeland-security-vows-enforce-court-order-a7551601.html

More: http://www.democraticunderground.com/10141682303

Note also #6 above that say there are provisions in Trump's order that allow the State and Homeland Security departments to admit individuals into the US on a case-by-case base for certain reasons ...

so that's why there have been a handful of releases. No releases as the result of court orders, as far as I know.

[progree]

9. White House Official, in Reversal, Says Green Card Holders Won't Be Barred... but

White House Official, in Reversal, Says Green Card Holders Won't Be Barred, New York Times, 1/29/17

A top White House official appeared to reverse a key part of President Trumps immigration order on Sunday, saying that people from the affected countries who hold green cards will not be prevented from returning to the United States.

But the official, Reince Priebus, the White House chief of staff, also said that border agents had discretionary authority to detain and question suspicious travelers from certain countries. That statement seemed to add to the uncertainty over how the executive order will be interpreted and enforced in the days ahead.

http://www.democraticunderground.com/10141682471

Dunno if this really changes anything, the DHS has always had the authority under Trump's EO to make exceptions on a case-by-case basis. But it sounds better, anyway. So at least they are trying to make it sound better rather than doubling down on a "Protect America First" tough guy message.

[progree]

10. At last -- a 4th ruling (Massachusetts) addresses detentions

The first 3 federal judge rulings (New York, Virginia, Washington state) did not address detentions or order anyone to be released. They only banned deportations.

However, I'm happy to be updated, though on the Massachusetts ruling that does address the detentions ...

Finally, petitioners filed a petition for Writ of Habeas Corpus and a Complaint for Declaratory and Injunctive relief with the federal court overnight in Boston, Massachusetts. US District Judge Allison D. Burroughs and US Magistrate Judge Gail Dein found that the detention and removal of “the petitioners and others similarly situated would violate their rights to Due Process and Equal Protection as guaranteed by the United States Constitution,” and that should the detained individuals be removed from the US, they would likely “suffer irreparable harm.”

The judges ordered that the Department of Homeland Security would be required to limit “secondary screening to comply with the regulations and statutes in effect prior to the Executive Order,” were not permitted to “detain or remove” approved refugees, anyone who held a valid Visa, green card holders, and other individuals “who, absent the executive order, would be legally authorized to enter the United States.” The ruling stipulated that the United States Marshall of Massachusetts would be served with the order and required to enforce it, and that Border Patrol and Customs should notify airlines arriving at Boston’s Logan Airport of the order and that individuals on the flights would not be detained or deported. The judges noted that this ruling would remain in effect for seven days, with another hearing scheduled before then.

http://www.theverge.com/2017/1/29/14430082/four-federal-courts-ruled-trump-immigration-ban

Clearly, the majority of detentions violate that one.

It's hard to keep up to date!

[elleng]

11. THANKS!

They are going to lose bigly, but it may take a while.