Federal Judge Blocks Deportation of Airport Detainees Held Under Trump Travel Ban

The ACLU has won a minor skirmish against Donald Trump’s effort to keep America safe. Every win has propaganda value.

The news media reports chaos at American airports. I doubt it. Between 100 and 200 persons from the seven countries on President Trump’s travel ban were in legal limbo in airports around the country. For now, they can stay.

There’s no reason for them or anyone else to create chaos.

In a few weeks, a further ruling will be made by Judge Ann Donnelly. No matter which way it goes, the loser will appeal to the Supreme Court.

Meanwhile, thousands of potential terrorists will be barred from entering the U.S. because of Trump’s order.

Excerpt from The Guardian

A federal judge has granted a stay on deportations for people who arrived in the US with valid visas but were detained on entry, following President Donald Trump’s executive order to halt travel from seven Muslim-majority countries.

The stay is only a partial block to the broader executive order, with the judge stopping short of a broader ruling on its constitutionality. Nevertheless, it was an early, significant blow to the new administration.

Less than 24 hours after two Iraqi men were detained at John F Kennedy airport in New York on Saturday morning, Judge Ann Donnelly of the federal district court in Brooklyn ordered an emergency stay, blocking the deportation of any individual currently being held in airports across the United States.

“I think the government hasn’t had a full chance to think about this,” Donnelly told a packed courtroom.

The American Civil Liberties Union (ACLU) and other groups filed the lawsuit earlier on Saturday, challenging the detention of the two Iraqi men, with two more plaintiffs were later added to the suit, who were both valid US green-card holders. But the judge’s ruling extended to all individuals facing similar situations across the United States.

JUDGE ANN DONNELLY.

The two plaintiffs included two Iraqi refugees who had spent hours detained at JFK: Hameed Khalid Darweesh, who had worked for the US government for a decade, and Haider Sameer Abdulkhaleq Alshawi, who arrived in the country to join his wife, a US contractor.

Donnelly, who was nominated by former president Barack Obama, ruled that the deportations could cause the plaintiffs “irreparable harm” by returning them to countries where they had been threatened. She also noted that the plaintiffs included visa-holders who had already been approved for entry to the US, and who, only two days before, would have been let into the country without incident.

“Obviously, we’re extremely pleased,” the head of the ACLU, Anthony Romero, told the Guardian. The judge, he said, “obviously gets the importance of the executive order and its impact on hundreds if not thousands of immigrants and refugees.”

The stay, which applies nationwide, will last at least until a hearing scheduled for 21 February, the judge said, and includes people on valid visas of all kinds and green-card holders.

However, it would only impact those who were “on American soil” – ie those who had been mid-flight or had landed while the executive order was being signed by the president, Romero said.

He estimated that there were at least 100-200 people currently being held in airports across the country, however he said the number could be higher. Asked by the judge to confirm the number, government lawyers were unable to respond with confidence.

Donnelly ordered the government to provide a list of all people currently being held in violation of the order at US airports or in flights, to protests from the government lawyers.

“I don’t think it’s unduly burdensome to get a list of names,” Donnelly said.

Darweesh and Alshawi had both been released earlier on Saturday, the US attorney confirmed, however Romero specified that Darweesh had been released “at the discretion of the executive branch”.

Despite the stay, however, lawyers for the plaintiffs and civil liberties advocates drew immediate concern for the well-being of those granted a stay, as it was widely assumed that the individuals in question would be held in immigration detention facilities until their hearing, three weeks away.

“It’s a long time for people to be sitting in detention centers,” Romero said, adding that the ACLU would be monitoring the conditions in those facilities.

Brian Chesky, the co-founder of Airbnb, tweeted that his company would provide “free housing to refugees and anyone not allowed in the US”, and suggested anyone should contact him if in urgent need for housing.

Judge Donnelly suggested the lawyers should return to court, if the travelers were to be placed in detention rather than be released. “I guess I’ll just hear from you,” she said.

Earlier on Saturday, President Trump’s executive order, signed the day before, sowed chaos in airports, universities, corporations and living rooms in the US and abroad, as people grappled with the ramifications of its sometimes vague language.

Travelers were pulled off plans or detained at checkpoints, universities urged at-risk students not to leave the country or to seek legal advice while tech giants recalled their workers from abroad. Throughout, families took calls from panicked loved ones whose lives were cast into disarray, unable to return to their homes, with everything from cars to pets waiting where they left them.

12 thoughts on “Federal Judge Blocks Deportation of Airport Detainees Held Under Trump Travel Ban

  1. She was lauded at her swearing-in ceremony by Chuck Schumer, who reportedly is the cousin of Amy Schumer (according to Salon) last January. She was also nominated to Obama by Schumer. It’s not surprising that her rulings would reflect political bias.

    “Donnelly had many members of her family in attendance for the ceremony, including her mother Mary Donnelly, husband Michael Toth, daughters Rebecca and Margaret and future son-in-law Dan Jones. She also had a long list of dignitaries on hand, including former Manhattan District Attorney Robert Morgenthau, Hon. Rena Uviller, Hon. Michael Obus 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.”

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

  2. Pingback: Federal Judge Blocks Deportation of Airport Detainees Held Under Trump Travel Ban | Afro Futurism

  3. This is what the Leftist Judge has done.Temporarily.Yet,the POTUS will win because there are too many sheeps that the Muslim wolves to be able to kill.
    Domestic enemies-like these Demtards-should be educated.

  4. Department Of Homeland Security Response To Recent Litigation

    Release Date: January 29, 2017.

    For Immediate Release
    Office of the Press Secretary
    Contact: 202-282-8010

    WASHINGTON – The Department of Homeland Security will continue to enforce all of President Trump’s Executive Orders in a manner that ensures the safety and security of the American people. President Trump’s Executive Orders remain in place—prohibited travel will remain prohibited, and the U.S. government retains its right to revoke visas at any time if required for national security or public safety. President Trump’s Executive Order affects a minor portion of international travelers, and is a first step towards reestablishing control over America’s borders and national security.

    Approximately 80 million international travelers enter the United States every year. Yesterday, less than one percent of the more than 325,000 international air travelers who arrive every day were inconvenienced while enhanced security measures were implemented. These individuals went through enhanced security screenings and are being processed for entry to the United States, consistent with our immigration laws and judicial orders.

    The Department of Homeland Security will faithfully execute the immigration laws, and we will treat all of those we encounter humanely and with professionalism. No foreign national in a foreign land, without ties to the United States, has any unfettered right to demand entry into the United States or to demand immigration benefits in the United States.

    The Department of Homeland Security will comply with judicial orders; faithfully enforce our immigration laws, and implement President Trump’s Executive Orders to ensure that those entering the United States do not pose a threat to our country or the American people.

  5. Anyone with a Green Card that travels back to those shithole nations is probably a terrorist. Only a maniac would go back to those places. There is always a big risk they will not be allowed to leave – e.g. arrested in say Yemen, Sudan etc. Or just plain killed for fun.

  6. Paladin a point of clarification “from the seven countries on President Trump’s travel ban” as you stated should be clarified. There are no countries listed on President Trump’s travel ban. The ban says the countries identified by the Obama administration. I believe very specifically so as not to shoulder the brunt of the blame for the choice of countries. that is conjecture on my part of course. I just found it interesting to learn and thought I would share. Thanks for your article.

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