New York Federal Judge Blocks Part of President’s ‘Refugee’ Executive Order | Jan 29, 2017

Judge Blocks Trump Order on Refugees Amid Chaos and Outcry Worldwide

– New York Times

 

“A federal judge in Brooklyn came to the aid of scores of refugees and others who were trapped at airports across the United States on Saturday after an executive order signed by President Trump, which sought to keep many foreigners from entering the country, led to chaotic scenes across the globe.

The judge’s ruling blocked part of the president’s actions, preventing the government from deporting some arrivals who found themselves ensnared by the presidential order. But it stopped short of letting them into the country or issuing a broader ruling on the constitutionality of Mr. Trump’s actions.

The high-stakes legal case played out on Saturday amid global turmoil, as the executive order signed by the president slammed shut the borders of the United States for an Iranian scientist headed to a lab in Massachusetts, a Syrian refugee family headed to a new life in Ohio and countless others across the world.

The president’s order, enacted with the stroke of a pen at 4:42 p.m. Friday, suspended entry of all refugees to the United States for 120 days, barred Syrian refugees indefinitely, and blocked entry into the United States for 90 days for citizens of seven predominantly Muslim countries: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.

The Department of Homeland Security said that the order also barred green card holders from those countries from re-entering the United States. In a briefing for reporters, White House officials said that green card holders from the seven affected countries who are outside the United States would need a case-by-case waiver to return.”

….Continue reading @ NY Times

 – Fine, a limited and very small part of President Trump’s executive order is blocked by a federal judge in New York. We need to be aware that this is more a media event than a legal one. It now gives the left wing echo chamber plenty of fake news to go on about for the next week. 

Many will be misled by their end of the echo chamber, ensuring a frothing of the base, but little else. 

It would be major news, if this federal order encourages a major effort to restrict the executive’s perogative and duty to enforce immigration law. This order is not it. /CJ

Federal Judge Grants Partial Block Of Trump Immigration Order

– ZeroHedge | Tyler Durden

“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”.

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.

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. If anything, the risk to the latter may accelerate the prompt appointment of a conservative SCOTUS judge to fill the vacant Scalia spot.”

….Continue reading more @ ZeroHedge

 

IS THE TRUMP EXECUTIVE ORDER ON REFUGEES CONSTITUTIONAL?

– JonathanTurley.org

“Curiously, the order notes the 9-11 attacks but the order does not cover the countries that were the sources for those attackers, including Saudi Arabia and UAE.   I think that this order is a mistake and contradicts our values.  However, I do not agree with some of my colleagues at GW and other law schools that the order is clearly unconstitutional.  Courts are not supposed to rule on the merits of such laws but their legality.  I think that the existing precedent favors Trump.

he 1952 Immigration and Nationality Act contains section, 212(f) that gives sweeping authority on the exclusion of certain aliens:

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

Even President Jimmy Carter used such authority. Executive Order 12172 involves an order to force 50,000 Iranian students living in the United States report to an immigration office and face possible deportation. Thousands were deported.”

….Continue reading more @ JonathanTurley.org

Federal judge grants stay for those detained under Trump’s travel ban

– NY Post

“A Brooklyn federal judge took on President Trump Saturday night, staying deportations that could have immediately sent people from seven predominately Muslim countries back to where they came from.

An estimated 100 to 200 people had been detained at airports around the country when their planes landed Friday and Saturday.

Judge Ann Donnelly’s order applies to all of them, not only to those arriving within her immediate jurisdiction at JFK Airport.

An emergency hearing on the matter ended dramatically when ACLU lawyer Lee Gelernt told Donnelly that at least one person at JFK was being put on a flight back to Syria at that moment.

The judge asked if the Trump administration could assure that the people about to be deported would not suffer irreparable harm.

Susan Riley, a civil lawyer who works in the Brooklyn US Attorney’s Office, said she couldn’t answer the question.

“This has unfolded with such speed that we haven’t had any opportunity to address any of the issues, the legal issues of the status of anyone who may be at the airport,” Riley said.

Donnelly then asked, “If they had come in two days ago we wouldn’t be here. Am I right?”

The judge noted that the government did not argue that the detainees posed any risk.

Gelernt said the feds had not given up the names of all the people who were detained around the country.

Still, he insisted the detainees posed no risk.

“It’s not as if these people weren’t vetted, they were just caught in transit,’’ he said. “They were in a horrible position.”

It was not clear how the feds would respond to the decision by Donnelly, who was appointed to the federal bench by former President Barack Obama.

Donnelly first made news as a former Manhattan assistant district attorney in such high-profile cases as the successful prosecution of thieving former Tyco International Dennis Kozlowski.

“Ann Donnelly was a smart, tough, fair prosecutor,” said defense lawyer and former prosecutor’s office colleague Daniel Bibb.

“She had that same reputation as a state Supreme Court justice, and that reputation earned her her place on the district court bench,” he said.

The refugees will not be deported immediately, but may find themselves in government detention for several weeks at least.

Further proceedings are set for next month.

Two of the JFK detainees — both of whom had links to US forces in Iraq and were in danger of being killed if they were sent back — had already been sprung before the emergency hearing.

They were Hameed Khalid Darweesh and Haider Sameer Abdulkhaleq Alshawi.

When their lawyers asked an airport customs supervisor for help, they were told, “Mr. President. Call Mr. Trump,’’ they complained in court papers.

The detentions had been part of Trump’s effort to keep refugees from Syria, Iran, Iraq, Libya, Somalia, Sudan and Yemen out of the country.

Going forward, travelers from those seven countries likely willstill be barred from boarding US-bound flights.

Trump’s ban stays in effect for 120 days.

In Philadelphia, two Syrian families living in Qatar were detained when they arrived and then sent back, relatives told NBC News.

More than a dozen were detained in Chicago.

Fifty people were detained at the Dallas-Forth Worth Airport.

Trump’s order sowed confusion around the wold as authorities rushed to comply.

The ACLU’s Jadwat said that when Trump signed the order, “there was no actual plan in place for how to implement it.”

The president strongly disagreed.

“It’s not a Muslim ban, but we’re totally prepared,” Trump said.

“It’s working out very nicely. You see it at the airports, you see it all over. It’s working very nicely.”

….Continue reading and see all the photos  @ NY Post

  • fedupMan

    Personally I think what Trump did is perfectly legal. Looks like Reid’s lib judges he used the nuke option are throwing USA to the wolves. Don’t forget the 2 Obama new lady judges and their “social justice” and “empathy” view of rule of LAW might muck up the system.