Homeland Security says Trump orders on ‘extreme vetting’ still in effect



The Washington Times - Sunday, January 29, 2017

The Trump administration said Sunday it will continue to enforce the president’s new “extreme vetting” executive order, showing a defiant stance in the face of a federal judge’s order forbidding the government from kicking out anyone who manages to reach U.S. soil.

“It is the right and duty of the president to do everything in his legal and constitutional power to protect the American people,” the White House said in a statement. “Saturday’s ruling does not undercut the president’s executive order. All stopped visas will remain stopped. All halted admissions will remain halted. All restricted travel will remain prohibited.”

Homeland Security issued its own statement early Sunday saying it’s following through on the executive order, which President Trump signed Friday afternoon, and which halts admissions from seven countries with a history of terrorism and pauses refugee admissions.

U.S. District Judge Ann M. Donnelly in New York, in an emergency ruling late Saturday, issued a stay of removal, ruling that nobody who got to the U.S. with a valid visa issued by the government could be denied admission based on Mr. Trump’s order. She said the Trump policy likely violated the Due Process and Equal Protection clauses of the Constitution.

A Massachusetts federal judge also issued a temporary restraining order early Sunday blocking the detention or removal of travelers who had arrived legally from the seven countries. The ruling signed early Sunday by Judge Allison Burroughs and Magistrate Judge Judith Dein, will remain in effect for seven days.

Lawyers flocked to airports to defend those arriving on flights, using signs in English and Arabic to try to alert families in the waiting area to complain if their relatives didn’t get through the customs and passport screening.

As of Sunday afternoon, some airports were issuing waivers allowed under the new executive order, releasing those in custody. Other airports, though, were still detaining some arrivals.

Applauding the federal court rulings, a coalition of attorneys general from 16 states issued a joint statement in which they called Mr. Trump’s order both “unconstitutional” and “un-American.”

“We are confident that the Executive Order will ultimately be struck down by the courts. In the meantime, we are committed to working to ensure that as few people as possible suffer from the chaotic situation that it has created,” read the statement from attorneys general, including those from California, New York, Massachusetts, Virginia and Washington.

While the top law enforcement officials in those 16 states questioned the legality of the order, the Justice Department seemed to indicate Sunday that its Office of Legal Counsel had in fact reviewed Mr. Trump’s executive orders in some form.

Though not commenting directly on the extreme vetting order, a senior DOJ official said the Office of Legal Counsel has “consistently been asked by the White House to review Executive Orders for form and legality before they are issued,” and, “has continued to serve this traditional role in the present administration.”

The senior official described the review as “narrow” to the question of whether a proposed executive order “is on its face lawful and properly drafted,” noting that such legal review does not address broader policy issues.

It was unclear exactly when the review was conducted.

Homeland Security said the new screening only affects a small part of the 325,000 international passengers arriving at airports each day.

Administration officials said officers have the power to issue waivers even to those traveling from the seven countries subjected to the temporary ban.

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