Federal Judge Grants Partial Block Of Trump Immigration Order

Tyler Durden's picture

Symbolic war broke out between the Judicial and Executive branches shortly before 9pm on Saturday evening, when federal judge Ann Donnelly in the Eastern District of New York in Brooklyn issued an emergency stay halting Trump's executive order banning immigrants from seven mostly Muslim nations entering the US, and temporarily letting people who landed in U.S. with valid visa to remain on US territory, saying removing the refugees could cause "irreparable harm".

The court's ruling was in response to a petition filed on Saturday morning by the ACLU on behalf of the two Iraqi men who were initially detained at JFK International Airport on Friday night after Trump's ban, and were subsequently granted entry into the US.

The ACLU issued the following statement following the court ruling:

A federal judge tonight granted the American Civil Liberties Union’s request for a nationwide temporary injunction that will block the deportation of all people stranded in U.S. airports under President Trump’s new Muslim ban. The ACLU and other legal organizations filed a lawsuit on behalf of individuals subject to President Trump's Muslim ban. The lead plaintiffs have been detained by the U.S. government and threatened with deportation even though they have valid visas to enter the United States.

 

Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project who argued the case, said:

 

“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.”

 

ACLU Executive Director Anthony D. Romero, had this reaction to the ruling:

 

“Clearly the judge understood the possibility for irreparable harm to hundreds of immigrants and lawful visitors to this country. Our courts today worked as they should as bulwarks against government abuse or unconstitutional policies and orders. On week one, Donald Trump suffered his first loss in court.

However, while some media reports present the court ruling as a wholesale victory over Trump's order, the stay only covers the airport detainees and those currently in transit, and it does not change the ban going forward.

In summary, the state of affairs as of this moment is that the executive order is now frozen for the next few days, until the case can be briefed. The court has ruled that no one who is currently being held can be sent back to their country of origin, but it remains unclear if they will be released is unclear.

Judge Donnelly has ordered the federal government to provide a list of all people currently held in detention. Where the stay falls short is that 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.

* * *

A detailed read of Judge Donnelly's ruling, per Josh Blackman, reveals that the 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 key 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.”

What will disappoint civil rights advocates, is that this opinion 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.

* * *

We now look forward to Trump's reaction to this act of defiance by a US Court which has partially - and painfully - voided his most controversial executive order to date, and whether the Supreme Court will be forced to opine on this most divisive of topics in the coming days, potentially leading to a constitutional crisis and/or showdown. If anything, the risk to the latter may accelerate the prompt appointment of a conservative SCOTUS judge to fill the vacant Scalia spot.

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So Close's picture

The fights it joined.  This is just the begining.

Raffie's picture

Kick federal judge Ann Donnelly out of America with all the terrorist as well.

NoWayJose's picture

Send her to visit an ISIS camp in Syria!

Zero Point's picture

And yet terrorists from Saudi Arabia and Israel are allowed to travel unimpeded.

Manthong's picture

If the fight is judicial against both executive and legislative, I think the judge will be in for a smack down.

 

SilverRhino's picture

Pretty sure Trump and crew have totally got a plan for this. 

johngaltfla's picture

Trump will win. The case law and legislation is already established since 2002 to back his Executive Order. The judge who did this is one of Obama's flaming liberal appointees whose expertise was in family law before being schmoozed up to a Federal Judgeship in 2015. She's as qualified to rule on this as I am to give a mass at the Vatican.

Luc X. Ifer's picture

And so it starts the 2nd American Civil War

Art Van Delay's picture

Good riddance commie snowflakes

Chris Dakota's picture
Chris Dakota (not verified) Art Van Delay Jan 28, 2017 11:45 PM

Now this is real suffering up close and personal.

I think this is the part where Trump said "Washington enriched themselves while the people were suffering"

Look at the faces of the establishment behind him, some look suicidal. Found Debbie Wassermann up there with the pussy hat on.

just drag it around, it is fascinating.

http://www.cnn.com/interactive/2017/01/politics/trump-inauguration-gigap...

BaBaBouy's picture

Just WAITING FOR TRUMPS TWEET ~ ~ ~ This Should Be A Good One ...

jeff montanye's picture

this is a good thing imo: rule of law, eventually, not rule of man (or woman).  there is probably right on both sides and to block a person with a valid visa in mid flight from entering seems extreme.

it also seems reasonable to block immigrants with sufficient notice for a limited period of time to examine the "vetting" process, given that attacks are possible and given the u.s. (and israeli) initiated attacks against those countries, in some sense, probable.

i am more than willing to give trump some time.  he is up against one hell of a lot of bad shit and must gather public opinion to his side.  making good on campaign promises is part of that. 

effendi's picture

I have to agree, the rule of law needs to be applied and if this small number of in transit foreign nationals get their day in court then that is good for ALL Americans as it protects due process. Without due process being enforced there is the risk that other presidents who might come in after Trump (perhaps the wookie or Chelsea in 2024) will use the whittling down of your legal protections to fuck patriots over.

stocker84's picture

Go watch the Chelsea speech at the DNC and you'll see that Chelsea has NO CHANCE.

Chelsea speech with pauses:
When I.......... Was a child........... My mother...... Told me...... That I..... Will grow...... To be.,.............a.......... Woman.......... My mom............ Loves my.......... Daughter......... My mom......... FaceTimes............ My daughter......... Every........ Day............. She watches........... Her eat......
...Blueberries...... And play........ With Elmo........... My daughter........ Loves Elmo........... My mom........ Drops everything.......... To FaceTime............ My..... Daughter.,....... See?........ My mother..........IS human!!........ Vote for....... Her...... Because...... Dad and i...... Will never............ Hear the end........ Of this......... If she........ Loses...... But I'm told........ She has............a 98% chance.......... Of winning.,.....so........ Let's..... Win. :-)

She has hillary disease. No personality and a little see you next Tuesday.... According to podesta emails.

jbvtme's picture

how does her ruling apply outside of her district?

azusgm's picture

You are not kidding. DWS does have a pussy hat on.

Louie Gohmert was sitting by the rail on the center aisle. He was wearing his blue jeans and grinning like the father of the bride. One row down and a few seats to Louie's left is Congressman Hank "Guam Could Tip Over" Johnson, Jr. who is looking about as miserable as possible.

Warms my heart. Thanks for posting that link.

Chris Dakota's picture
Chris Dakota (not verified) azusgm Jan 29, 2017 2:15 AM

Top row center aisle is Jason Chaffetz who is looking at someone, can't figure out who it is.

Attractive older blonde woman in red a few rows over to the right of Chaffetz is giving a side look in the same direction Chaffetz is looking.

I don't know who she is.

Those wearing blue are the Dems and those wearing red who look devastated are the Bushies it couldn't be more revealing who the traitors are.

 People should see this before CNN takes it away.

Lord have mercy, we are going to win this war.

I said so long ago the unmasking is taking place first, this is so IT!

 

quadraspleen's picture

That Roger Stone just behind GWB? If it is, shouldn't he be on the other side?

WorkingPoor's picture

 

"Lord have mercy, we are going to win this war."

Not an evangelical, myself, but I mind the movie 1776 and the Ben Franklin character stating that the revolution had fared up to that point "against greater odds than a kinder God would have allowed".

Mind, if the Sage of Philadelphia saw the country NOW versus what he and his fellows had wrought THEN,  it'd be a split bet as to whether he would be reduced to a frenzy of curses and maledictions against the causer of such wreckage, or doubled over in a huge fit of laughter at the grand absurdity of it all.

 

WP

 

LibertarianMenace's picture

Gohmert's expression versus the rest is pretty striking. Trump has clearly struck a nerve.

MsCreant's picture

Trump has been obsessing about them misreporting his numbers. I think he should move on. Meanwhile the proof of what he was saying is in that CNN gigapixel photo. Bring it upwards slightly and then pan out hard right. It is full as far back as he said it was.

They are gaslighting him to fuck with him. 

Once you know someone is reactive, if you hate them, you do what bothers them. This is basic bullying/resistance 101. They go on about his hair, he does not give a flying fuck. 

Folks, they are not just lying about him, this is out and out harassment. If this was Hillary, and she had been elected, we'd love this crap and egg it on. Know it, embrace it, this really is war. Know it and embrace it, he really is falling for a lot of their juvenile shit. This is the playground, writ very, very, large.

Do not put all your eggs in his basket, they may turn him into a basket case (or have enough to frame him to look like one).

If I was the "opposition" I would tone my shit down and keep a much straighter face doing it, because I would want to win.

Don needs to let shit go and only confront it with well thought out arguments and EVIDENCE LIKE THIS FUCKING CNN PHOTO for crying out loud. If you don't have that, keep your fucking mouth shut and stay off twitter.

jeff montanye's picture

yes indeed. 

imo it is a wild misuse of someone as able as kellyanne conway to make her defend the, if not indefensible, the hard to defend.  there are so, so many salients upon which to attack the neocon/neoliberal establishment: bankster control fraud, overpriced, underperfoming products of the mic, needless, fruitless, losing wars which turn the world against us, big pharma, big insurance written obamacare (let's get those drugs in from canada), etc.

she is a brilliant spitfire and should be used wisely.

Lumberjack's picture

MsCreant and you absolutely nailed it. Donald is preaching to the choir and we already know the verse and chapter. He will not change the earwig snowflakes minds and need not obsess about the small stuff. Just imagine how many more XO's or work he can sign or do by ignoring the gaslight distractions. It comes off making him look whiny and is unnecessary.

Why stoop to their level?

The Gun Is Good's picture

Yeah, I wish he (and his spokespeople) would just STOP feeding the trolls, FFS. If he would either ignore them or treat them with Lincoln-esque paternalistic disregard or even patience, they would either pipe down or look so idiotic that their support would decrease significantly. (Trump has proven himself capable of good strategy... why not here?!)

Merica101's picture

One of Team Trump's missions is to discredit and destroy the corrupt MSM.  What he/they are doing is planned. Have them talk about the "majority vote", have them talk about lower inauguration numbers, etc. Then Trump leads them down the garden path and calls for voter fraud investigations. Love it.

Yes We Can. But Lets Not.'s picture

Looking at the Supreme Court justices, I wondered what their thoughts are on Scalia's demise.

Roger Stone says Scalia was murdered.

I wonder how the justices would vote on that?

SmittyinLA's picture

Funny, Obama looks as content as the Dalilama, Hillary and Michele not so much

quadraspleen's picture

That gigapixel is great. Good spot. Thanks for that. I've been panning for about twenty minutes so far. Still not tired of seeing the butt-hurt :D

Dovda Wimar's picture

But...but....but... the crowd is packed all the way back to the Lincoln memorial! I thought CNN told me no one showed up... /s

Shitonya Serfs's picture

That is interesting...I like the guy sitting behind Hussein (over his left shoulder, green tie), eyballing Millania and Ivanka.

Shitonya Serfs's picture

...or all the people who actually showed up to watch this in the park. Weird, CNN had the photos, but only showed the ones of the empty field comparing it to Hussein's inaguartion.

 

...or all the snipers pearched around town (weird, only ones I see are actually facing DJT).

ich1baN's picture

They're facing Trump b/c the real threat that day would have been an unhinged dem to try and stab the Don with a pen in their purse. I kept saying it, I'd be more careful of the people standing around Trump than those in the crowd considering the angle which Trump was protected with by that 4 inch thick bullet proof glass.

tmosley's picture

The president has ABSOLUTE POWER to determine whether or not any non-citizen will be allowed into the country.

This court order is unconstitutional. One wonders whether the judge could face disbarment for it.

greenskeeper carl's picture

This isn't that big of a deal. This only covers a small amount of people in the airports, etc. Lets not get hung up on this, as bullshit as it may be. The important thing is that we stop importing them all the time. These people are a drop in the barrel. Sure it sucks, but as president obama gleefully told us over the past few years, this policy falls under the sole descretion of the president. If he wants to stop bringing them in, which he clearly seems to, then it will be done.

azusgm's picture

Does not make for great optics though.

(I did not down vote you.)

greenskeeper carl's picture

The left can have the optics for now, who cares. Let them parade around this little victory. Hopefully this will encourage more bad behavior on their part, which also doesn't help their cause. Let the MSM prattle on about it all weekend. In the end it is meaningless.

FreedomGuy's picture

It actually blocks almost nothing. It is logical if they already are in the airport legally. It still upholds the ban.

I am hoping the Stae Dept. is working out the small details on business travel. The core is the ban on refugee resettlement here in the U.S. and anyone else who might be suspicious.

Remember that many of the most recent terrorists have been second, not even first generation Muslims immigrants like Mateen and the Tsarnev brothers.

ich1baN's picture

Yes, you're right that most of the recent terrorists have been 2nd gen immigrants... but therein lays the logic. In order to prevent a 2nd gen terrorist, you have to prevent the 1st gen immigrant from coming over in the first place and procreating. 

Omar's dad was just as much a terrorist as his imbecile son... he was preaching on an online radio program to ethnic speaking paschtuns about sympathetic viewpoints to the Taliban.

Omar had signs of his dad's indoctrination since he was a young child... it was said by many of Omar's High School classmates that on 9/11 when the airplanes hit the twin towers, Omar jumped and shouted in joy (look it up yourself if you don't believe me).

That sort of crazy hatred doesn't come about on its own, that started with his pos 1st gen father. 

scoutshonor's picture

Yes the few people in the airports not a big deal.  The huge deal is the opportunity to judge the constitutionallity of this judges action in a real court with real adults.  This could be a template to determine what can and cannot be blocked going forward.

 

Taking back the country won't be easy--but it will be facinating every step of the way.

BeanusCountus's picture

Believe that's right. Judge will probably lose, but folks in transit will get released. Will only serve to enforce the order going forward.

Urban Redneck's picture

They won't necessarily be released at a future date (to the US), and the judge may be doing more harm than good here, because once a visa is formally revoked, then that revocation is grounds for denial of future visas.  

Max Cynical's picture

OK so they can't be deported...that doesn't mean they can't be held in a holding cell until this is resolved.

jeff montanye's picture

imo it won't be resolved until it is one person one vote in greater palestine/israel.

Chris Dakota's picture
Chris Dakota (not verified) tmosley Jan 29, 2017 2:09 AM

Bush Jr. and Obama gave Trump absolute power.

I said to someone a few years ago "Yeah you like Obama with the NDAA power, but what about someone is elected down the road you don't like?"

hey fluffed me off

Trump the Great with full power......lol

lovemesomeZH's picture

It only effects people in custody right now. So it's not stopping anything.

sun tzu's picture

Cut the EPA budget to zero and fire them all.