Federal court halts Trump’s immigration ban

The Verge ^

[springwater13]

The federal court for the Eastern District of New York issued an emergency stay halting President Donald Trump’s executive order banning entry to the US from seven majority-Muslim countries tonight, following widespread protests at airports around the country.

The court ruled on a habeas corpus petition filed by the ACLU on behalf of Hameed Khalid Darweesh and Sameer Abdulkhaleq Alshawi, who were denied entry to the US upon landing at JFK airport in New York City and detained indefinitely by Customs and Border Patrol. Darweesh spent a decade working for the United States military in Iraq as an interpreter and engineer and had been granted an entry visa after background checks; Alshawi had been granted a visa in order to join his wife and son who are already permanent residents of the US after their similar service with the US military.

[xzins]

I think the executive power is that the executive decides how to enforce the a law.

Given the turmoil in those countries, it is only common sense to put a more effective vetting process in place.

FWIW, Obama is the one who singled out those countries and put them under special scrutiny. Congress passed the law years ago.

Trump just enacted a 120 day moratorium to better execute the intent of the law.

[Candor7]

I am aghast. The stay is nation wide?

Big Trouble in Washington. Sessions is not yet confirmed.

[txhurl]

Thank you. That is the Left’s plan/move on this.

[LostInBayport]

That’s a man!

[Candor7]

llegal aliens??? They are foreign nationals traveling on US issued visas. They aren’t wetbacks or something. LOL.>>>>>>>>>>>>>>>>>>>

I have read more since my earlier post.

The details are available at this link.

http://www.oann.com/u-s-lawyers-for-iraqis-sue-to-block-trump-immigration-order/

If the Visas were issued prior to the executive order, they should still be valid as a matter of process.But having the ACLU bring the action is now making a mountain out of a mole hill.

[Tennessee Nana]

How can foreigners sue the US government when they are not physically in our country ??? They haven’t been allowed to enter as yet ???

and as foreigners they have no standing...

this stinks of the UN/World Court overriding our Constitution...

the judge is sworn to uphold the Constitution...

[grumpygresh]

He’s got Andrew Jackson’s picture on the wall. So he can say to the judge, “and let him enforce it.”
Airports are under control of the the county, so sheriffs are in charge of enforcement in the airport. Customs and immigration are under control of the executive.
Is the judge planning on ordering the customs agents?

[phoneman08]

So are they able to be detained, or free to roam?

I think the only way to circumvent this immediately is to void all visas and refugee status from affected countries that are not in transit. Of course the ACLU will seek another court order. This will get sticky.

[Tennessee Nana]

one of the protestors at JFK was yelling that they had 1,000 lawyers on hand ...they just needed to know the names of the moslems in the airport...

eh ???

[Enchante]

I think the admin. needed, in advance, to have all of DHS and Customs, Border Patrol etc. absolutely clear on whether or not already issued visas etc. were affected by the EO. It seems that existing docs should not be affected?? But there has been a lot of confusion and the MSM, left activists, lawyers, ACLU, etc. are trying to stir up the maximum possible FUBAR, of course.

[MarvinStinson]

Donnelly was nominated to be a federal judge by President Barack Obama on the recommendation of Sen. Charles Schumer. On Friday, she had the oath of office administered to her by Chief Judge Carol Bagley Amon.

“We are indebted to Sen. Schumer for recommending Ann Donnelly and all of the other outstanding recent appointments,” Bagley Amon said.

Donnelly had a long list of dignitaries on hand, including former Manhattan District Attorney Robert Morgenthau and Sen. Schumer, each of whom spoke on her behalf.

“I'm so pleased to be here and celebrate this moment in the journey of an exceptionally talented and well-respected jurist, Judge Ann Donnelly,” said Schumer, who described himself as a family friend of the Donnelly’s and noted that his daughter played basketball with one of Donnelly’s daughters at St. Savior.

“Ann Donnelly met all of my qualifications with flying colors,” Schumer continued. “When you speak with Judge Donnelly, what's immediately clear is her deep respect and passion for the law. Judge Donnelly is more than a brilliant resume, I know her well and at her core she is a kind, thoughtful and compassionate person."

Judge Dora L. Irizarry (left) and Sen. Chuck Schumer.

http://www.brooklyneagle.com/articles/2016/1/25/ann-donnelly-sworn-federal-judge-eastern-district

[Enchante]

As I understand the judge’s “emergency stay” order, they don’t have to be released but they can’t be sent back to their countries, either, pending further judicial rulings.

So if there continued to be new arrivals in the coming hours and days, they could be detained, but of course everyone should want that situation resolved quickly, I would hope.

I do not see why the EO should apply to existing visas & green cards, but I’m no lawyer or diplomat.

[Candor7]

The President needs his cabinet confirmed. I will be hard to get everything organized properly without them.

But the left is merely slitting their own throats.

The backlash from The People will be very much against the ACLU and others who want to foil Trump’s executive orders.
I have visited many news sites reporting the story and the comments posted are about 90% anti-ACLU.

[samiam1972]

I have a doctor friend that was visiting her family and can’t get back without a waiver. She has a green card and has worked here for years. She has a full patient schedule and can’t get back to them. The patients, her family here at home and the hospital will all suffer. It sucks. I do hope that cases like this are cleared quickly. She was doing it the right way. Hate for her to be punished for it. Does anyone have any more in depth information on the waiver process? I truly don’t understand how this works.

[WildHighlander57]

Only applies to those in transit.

[WildHighlander57]

“..And these two guys had lawyers on hand so it was planned...”

DING DING DING DING!!!!

Ok now, how far ahead does one have to plan, in order to have a law suit brief prepared?

This ploy by those two guys reeks of collaboration......

[Lisbon1940]

The President should remove her and put in Pirro.

[WildHighlander57]

Happened too fast not to be part of a larger plot .

How long do law suit papers take to be drawn up??

[Lisbon1940]

Why does the color of their card matter?

[DoughtyOne]

I thought I read here where they have been working on this for a while. The comments were in one of these threads.

Sorry I can’t tell you which one.