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Thread: Federal judge stays deportations of travelers in Trump immigration order

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  1. #1
    Senior Member JohnDoe2's Avatar
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    Federal judge stays deportations of travelers in Trump immigration order

    Federal judge stays deportations of travelers in Trump immigration order

    BY BROOKE SEIPEL - 01/28/17 08:58 PM EST 1,384


    A federal judge in New York has issued an emergency stay temporarily halting the removal of individuals detained after President Trump's order banned immigrants from seven Muslim-majority countries from entering the U.S.

    The move appears to mark the first successful legal challenge to the Trump administration and affects those who have arrived in the U.S. or were in transit with valid visas, according to CNN.


    The court ruled on a habeas corpus petition filed by the American Civil Liberties Union (ACLU) on behalf of two Iraqi men who were detained at John F. Kennedy International Airport on Friday after Trump's ban, The Verge reported Saturday night.


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


    Cecillia Wang, deputy legal director at the ACLU, tweeted:


    The ruling deals with a portion of Trump's order handed down Friday, which bars Syrian refugees indefinitely and halts the resettlement of all refugees for four months as the administration reviews 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.


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


    Updated: 9:42 p.m.


    http://thehill.com/blogs/blog-briefi...ban-nationwide
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  2. #2
    Super Moderator GeorgiaPeach's Avatar
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    Craig Ruttle / AP

    January 28, 2017


    The Eastern District of New York has granted a stay on at least some portions of the Trump administration's executive order on immigration restrictions from seven majority-Muslim nations.


    The case was filed this morning in federal court by the ACLU on behalf of two Iraqi citizens entering the country on special immigrant visas who were subsequently detained upon arrival and expanded to include a class made up of all those similarly situated.


    What we know right now…


    The executive order is now frozen until the case can briefed, probably in February.



    No one who is currently being held can be sent back to their country of origin, but whether they will be released is unclear.
    The judge ordered the federal government to provide a list of all people currently held in detention.



    According to the ACLU's lawyer, there still can be no new arrivals from countries under the ban, but the ACLU — and other organizations — are working to file additional suits to roll back other portions of the order.



    You can read the full text of the stay here.

    https://assets.documentcloud.org/doc...Motion-for.pdf


    https://www.axios.com/federal-court-...222587415.html
    Last edited by GeorgiaPeach; 01-28-2017 at 11:24 PM.
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  3. #3
    Senior Member Judy's Avatar
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    The order stays removal but it doesn't grant entry. Trump's people had already cleared the 2 Iraqis named in the Order. The others will remain at the airport I guess until they do or there is a hearing to cancel their documents.
    A Nation Without Borders Is Not A Nation - Ronald Reagan
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  4. #4
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    Judge Ann Donnelly: 5 Fast Facts You Need to Know

    Published 10:26 pm EST, January 28, 2017 Updated 10:31 pm EST, January 28, 2017

    Álvaro Botero
    ‏@AlvaroBotero8

    Judge Ann Donnelly & @ACLU serve first blow against Trump #MuslimBan | J. Donnelly world hero of the week! https://www.washingtonpost.com/local...=.dccad35c01c2

    7:19 PM - 28 Jan 2017 from Washington, DC

    The federal judge who granted an emergency stay of President Donald Trump’s immigration ban is a former prosecutor nominated to the bench by Barack Obama on the recommendation of Chuck Schumer.

    The order came down on January 28 from Ann Donnelly, a judge based in Brooklyn, according to The New York Times.

    Trump’s executive order had installed a 90-day ban on all immigration from a series of Muslim majority countries with ties to terrorism: Iraq, Iran, Libya, Sudan, Somalia, and Yemen. Syrian immigration was banned indefinitely and the order created a 120-day moratorium on all refugees to the United States. Trump denied the immigration ban was a “Muslim ban,” and said he thought it was working well, The New York Times reported.

    Here’s what you need to know:

    1. Donnelly Found That Trump’s Executive Order Would Cause Detainees ‘Irreparable Harm’

    Nat'l Imm Law CenterVerified account
    ‏@NILC_org

    Nationwide stay has been granted. Applies to everyone nationwide, immigrants and non-immigrants, refugees, etc. affected by EO. #NoBanNoWall

    6:29 PM - 28 Jan 2017

    According to the New York Times, the judge ruled that implementing Trump’s order would cause “irreparable harm” to some people.”

    Reported NBC News: “The stay blocks anyone with a valid visa being held at airports from being deported…They do not have to be released from detention.”

    The judge also ordered the government to provide a list of all of those detained, NBC News reported.

    2. Judge Donnelly Is a Former Prosecutor Who Was Born in Michigan
    According to her judicial profile, Donnelly is a United States District Court Judge for the Eastern District of New York.

    She was born in 1959 in Royal Oak, Michigan. Donnelly has a B.A. from the University of Michigan, B.A., 1981, and a law degree from Ohio State University College of Law, 1984, the New York court website says.

    Before becoming a federal judge, she worked for the New York County [New York] District Attorney’s Office from 1984-2009. She was an assistant district attorney from 1984-1997; senior trial counsel, 1997-2005; and bureau chief in Family Violence Child Abuse Bureau, 2005-2009.

    She served as a judge on the New York State Court of Claims from 2009-2015 and in the following positions: “Supreme Court of Bronx County [New York], criminal term, 2009-2013; Special Term for Election Matters, 2013; Supreme Court of Kings County [New York], criminal term, 2013-2014; Supreme Court of New York County [New York], criminal term, 2014-2015.”

    3. Barack Obama Nominated the Judge to the Federal Bench on Schumer’s Advice

    The New York courts website says that Donnelly was “nominated by Barack Obama on January 7, 2015, to a seat vacated by Sandra L. Townes.”

    She was “confirmed by the Senate on October 20, 2015, and received commission on October 21, 2015,” the site says.

    The U.S. Senate confirmed her appointment on a 95-2 vote, according to the New York Law Journal.

    “Donnelly was nominated to be a federal judge by President Barack Obama on the recommendation of Sen. Charles Schumer,” reported the Brooklyn Eagle.

    The newspaper quoted the chief judge as saying after giving Donnelly the oath of office, “We are indebted to Sen. Schumer for recommending Ann Donnelly and all of the other outstanding recent appointments.”

    4. The Lawsuit Was Filed on Behalf of Two Iraqi Men With Ties to the U.S. Military Effort

    The lawsuit that Donnelly heard was filed on behalf of two Iraqi man who were detained under the executive order, although one was released before her ruling.

    5. Protests Erupted Outside JFK Airport in New York



    These protesters at JFK held signs that read “Christians Against the Muslim Ban.” (Getty)

    Major protests ignited at John F. Kennedy airport in New York, as well as at other airports around the country, as word spread that Trump’s immigration ban was leading to the detaining of people with visas.

    The protests at JFK focused at Terminal 4.

    http://heavy.com/news/2017/01/ann-do...r-jfk-airport/
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  5. #5
    Super Moderator GeorgiaPeach's Avatar
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    Anthony Romero of the ACLU said they will work to get thousands in to the country who have valid visas.
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  6. #6
    Senior Member Judy's Avatar
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    Stop all new visa, refugee, asylum and immigration documents now.

    We need a 10 to 20 Year Moratorium On All Immigration and We Need It Now!

    I'm surprised the court thinks it has the right to over-turn portions of this Executive Order and allow immigrants and refugees they don't even know the names of to remain in the country even if still detained at an airport that the Executive Branch felt should be denied entry.

    The two named men from Iraq who worked for the US government were already released by the Executive Branch and allowed to enter the country before the ruling, a simple delay of entry due to the timing.

    But the others are unnamed and so far still detained at the airport. Could be the same situation but probably not if they've not been cleared by now.

    So just more time ad resources wasted on immigration.
    Last edited by Judy; 01-29-2017 at 12:06 AM.
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  7. #7
    Senior Member JohnDoe2's Avatar
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    NO AMNESTY

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  8. #8
    Senior Member JohnDoe2's Avatar
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    All detainees released from O'Hare after chaotic day at airport
    Local Source-Chicago Sun-Times-7 hours ago
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  9. #9
    Super Moderator Newmexican's Avatar
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    Another planned demonstration by the same groups that brough us the "protests" in DC. They even wore the same hats.


    “Donnelly was nominated to be a federal judge by President Barack Obama on the recommendation of Sen. Charles Schumer,” reported the Brooklyn Eagle.
    The Democrats are, in my opinion, guilty of Judge shopping.
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  10. #10
    Senior Member JohnDoe2's Avatar
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