Federal Judge Halts Trump’s Executive Action on Immigration

 

Following a chaotic day of airport protests, taxi work stoppages, and general anger about President Trump’s executive order to temporarily ban immigrants from seven Muslim-majority countries, a federal judge in New York has issued an emergency stay. From The Hill:

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.

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.

Published in Domestic Policy, Immigration, Law
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  1. JcTPatriot Member
    JcTPatriot
    @

    Jamie Lockett (View Comment):
    What about the interpreters and other US Allies in Iraq, Syria and Kurdistan, now targets of ISIS, that are now unable to come to America after we promised them they could?

    Jamie, you need to understand that you are talking about the exception – I’m willing to bet that it’s a tiny fraction of the people trying to come here under “refugee” status.

    I saw a report somewhere that there may be as many as 200 being held in airports and such right now. My first thought was, “holy cow, how many of these people are flooding in here every day?

    • #31
  2. Jules PA Inactive
    Jules PA
    @JulesPA

    I do think you have to have a herd of paperwork and an interview to receive a green card.

    • #32
  3. Jamie Lockett Member
    Jamie Lockett
    @JamieLockett

    JcTPatriot (View Comment):

    Jamie Lockett (View Comment):
    What about the interpreters and other US Allies in Iraq, Syria and Kurdistan, now targets of ISIS, that are now unable to come to America after we promised them they could?

    Jamie, you need to understand that you are talking about the exception – I’m willing to bet that it’s a tiny fraction of the people trying to come here under “refugee” status.

    I saw a report somewhere that there may be as many as 200 being held in airports and such right now. My first thought was, “holy cow, how many of these people are flooding in here every day?

    I’m more concerned with the precendent and processes established than specific outcomes. I find this EO odious.

    • #33
  4. Jamie Lockett Member
    Jamie Lockett
    @JamieLockett

    Jules PA (View Comment):
    I do think you have to have a herd of paperwork and an interview to receive a green card.

    Fingerprinting. Extensive background checks. Every single run in with the law down to parking tickets is questioned. One thing to keep in mind – you have to be in the US as a legal resident for quite a while before you get a green card.

    • #34
  5. NYLibertarianGuy Inactive
    NYLibertarianGuy
    @PaulKingsbery

    Mike LaRoche (View Comment):
    Time to rein in the corrupt federal judiciary.

    On what basis are you insinuating that Judge Donnelly is “corrupt”?  She is a solid and very well-regarded former prosecutor in the Manhattan DA’s Office and was confirmed 95-2 by the Senate.

    • #35
  6. JcTPatriot Member
    JcTPatriot
    @

    Jamie Lockett (View Comment):

    JcTPatriot (View Comment):

    Jamie Lockett (View Comment):
    What about the interpreters and other US Allies in Iraq, Syria and Kurdistan, now targets of ISIS, that are now unable to come to America after we promised them they could?

    Jamie, you need to understand that you are talking about the exception – I’m willing to bet that it’s a tiny fraction of the people trying to come here under “refugee” status.

    I saw a report somewhere that there may be as many as 200 being held in airports and such right now. My first thought was, “holy cow, how many of these people are flooding in here every day?

    I’m more concerned with the precendent and processes established than specific outcomes. I find this EO odious.

    Really? Odious? We stop them for 120 days from flooding in here with no vetting, in order to ramp up our vetting process to try to stop those who want to do harm to America? That’s odious to you? There is a whole continent – the EU – willing to take them in during that 120 days. Now Canada has stepped up, so I assume they were accepting them before. What is so odious to you that they can’t get to Cleveland for a few months?

    • #36
  7. Damocles Inactive
    Damocles
    @Damocles

    JcTPatriot (View Comment):

    Damocles (View Comment):

    JcTPatriot (View Comment):

    What about the guys working in laboratories here who are travelling back and forth to IRAN?

    There’s not enough information there to make any kind of intelligent decision.

    As usual, Glenn sums it up best:

    It’s fine to be more careful about admitting people from countries that are major terror exporters, but Green Card holders are permanent legal residents — they’re not “admitted,” they’re returning home. If there’s a problem with green card grants to people from those countries, it needs to be addressed systematically, not simply by stopping people at the border. This is a debacle, and I’d be very interested in knowing who actually drafted the order.

    https://pjmedia.com/instapundit/255787

    Just because a person holds a Green Card, does not mean they were vetted. We already know that vetting was done very poorly in many cases. Maybe “Glenn” can explain how exactly it causes “substantial and irreparable injury” to them to vet them twice, especially when they are from a country that has vowed to destroy America. like Iran?

    Sure, it makes sense to review everyone in the green card and H1B category. But it sure makes it seem like the USA doesn’t keep its word to start turning away people who were out of the country and returning home on some particular day.

    • #37
  8. NYLibertarianGuy Inactive
    NYLibertarianGuy
    @PaulKingsbery

    EJHill (View Comment):
    Calling our legal gurus: How does a district judge have the authority to issue a national order? Are their powers not limited to the districts they work in?

    No, their jurisdiction is not limited to the districts they work in.  And that’s a good thing:  in Texas v. United States, Texas and many other states were able to obtain a nationwide injunction against Obama’s illegal Deferred Action for Parents of DACA Recipients.  If you have a strong claim under federal law, a federal district court can enter a nationwide injunction against any party over which it has jurisdiction (here, DHS, the USCIS, and the President).

    EDIT:  Roughly speaking, federal district courts exercise jurisdiction for civil cases in personam (over a person) or in rem (over a thing).  They do not have general, freewheeling “nationwide” jurisdiction to enter any order they please.  If you live in California and are sued civilly in the Southern District of New York (essentially, Manhattan), a plaintiff would have to establish that you have some substantial tie to Manhattan to make the exercise of jurisdiction over you lawful.  But institutions like the federal government are practically subject to jurisdiction before every federal district court.  In rem jurisdiction is typically limited to objects physically located in the territory of a district court.

    In criminal cases, the government must allege that a judicial district is the proper venue for trial, meaning that some part of the crime occurred in that district.

    • #38
  9. Jamie Lockett Member
    Jamie Lockett
    @JamieLockett

    Note:

    Personal attack.

    NYLibertarianGuy (View Comment):

    Mike LaRoche (View Comment):
    Time to rein in the corrupt federal judiciary.

    On what basis are you insinuating that Judge Donnelly is “corrupt”? She is a solid and very well-regarded former prosecutor in the Manhattan DA’s Office and was confirmed 95-2 by the Senate.


    Any judge that doesn’t find in favor [redacted] is corrupt.

    • #39
  10. Zafar Member
    Zafar
    @Zafar

    Cato Rand (View Comment):

    I think you’ve nailed it Zafar. This appears to be very poorly thought through. Theater for the faithful with little concern for the broader consequences or the harm done.

    Meh.  Of a piece.

    When Modi became Prime Minister there was immediately a lot of minority fear in India – basically along the lines of omg this guy is going to burn us all alive or something.

    But.  My aunt (who has lived through quite a bit) said something quite interesting: nothing bad is going to happen right away – they will be fine for a few years.

    It’s when he starts failing to deliver his substantive promises, and his supporters notice, that the party will turn back to this as a way to mobilise (and satisfy) its base.

    And that, as it turns out, is what has happened.

    Back to Trump: it’s a pre-emptive strike to mobile his supporters in preparation for some pretty big (planned?) disppointments.  So it’s not poorly thought out at all, imho.  He’s good at this domestic politics stuff.

     

    • #40
  11. Zafar Member
    Zafar
    @Zafar

    JcTPatriot (View Comment):

    We stop them for 120 days from flooding in here with no vetting, in order to ramp up our vetting process to try to stop those who want to do harm to America? That’s odious to you?

    That’s simply inaccurate. If they have a visa, and especially if they have a Green Card, they’ve been extensively vetted.

    There is a whole continent – the EU – willing to take them in during that 120 days. Now Canada has stepped up, so I assume they were accepting them before. What is so odious to you that they can’t get to Cleveland for a few months?

    If the EU and Canada are willing to take them for 120 days these places must have some confidence in the vetting process that got them the US visa in the first place.

    Doesn’t this strike you as strange?  If the initial vetting process was so poorly executed.

    • #41
  12. formerlawprof Inactive
    formerlawprof
    @formerlawprof

    JcTPatriot (View Comment):
    I wonder… If a judge can be appointed by one President, can she be “in-appointed” by another President? I’m not sure how District judgeships work.

    These are Article III judges, and have the same life tenure as Judges on the Circuit Courts of Appeals and Justices of the Supreme Court. If a new President could “fire” an Article III judge, the United States Constitution would be a nullity.

    Article III judges can be impeached and removed from office, but that absolutely, positively will not happen here, and absolutely positively should not.

    • #42
  13. DocJay Inactive
    DocJay
    @DocJay

    Expectations are the cornerstone of disappointment.

    • #43
  14. Sabrdance Member
    Sabrdance
    @Sabrdance

    The story of the case is not detailed enough to know exactly what happened, and I’m not going to go hunting the case itself tonight.  The initial stories were wrong, the walkbacks from both reporters and the administration are ongoing.  We’ll find out more in a few days.  (Who wants to take bets on whether dropping this on a Friday was deliberately intended to inculcate confusion, or is just end-of-the-week business, or actual incompetence at running the executive branch?  I won’t be betting, but I’ll take the book…)

    1.) The EO text does not obviously include greencard holders.  The reports I read say that interpretation comes from DHS.  I would not discount malicious compliance as a cause, much like the Parks Services’ shenanigans with closing off the DC monuments.  There are conflicting stories as to whether this was run by DHS before announcement or not.  Were I guessing, it was run by the new secretary, maybe some of the top guys, but not the career bureaucracy.

    2.) The EO does not stop the settlement of refugees.  It sets the number at 50,000/year (up from Bush, down from late Obama, but consistent with early Obama) and instructs the relevant agencies to vet the refugees themselves, especially for religious minorities suffering persecution.  Sotto voce, “not rely on the UN, which keeps excluding Christians and other religious minorities in the Middle East.”

    • #44
  15. Manny Coolidge
    Manny
    @Manny

    This is all fake news.  The Liberal judge made the argument out of thin air.  It’s the judge that will be proven wrong.  There is nothing in the Order that references green card holders or residents.  Read it here.

    The order mentions the word “alien” twice and in both paragraphs it is quite clear the language is referring to people at point of entry.  I quoted the paragraphs in this other Ricochet thread on the subject.

    • #45
  16. Viruscop Inactive
    Viruscop
    @Viruscop

    Jamie Lockett (View Comment):

    NYLibertarianGuy (View Comment):

    Mike LaRoche (View Comment):
    Time to rein in the corrupt federal judiciary.

    On what basis are you insinuating that Judge Donnelly is “corrupt”? She is a solid and very well-regarded former prosecutor in the Manhattan DA’s Office and was confirmed 95-2 by the Senate.


    Any judge that doesn’t find in favor of Mikes favored policies is considered corrupt.

    And also a Muslim.

    • #46
  17. Viruscop Inactive
    Viruscop
    @Viruscop

    DocJay (View Comment):
    Expectations are the cornerstone of disappointment.

    Please continue.

    • #47
  18. Jamie Lockett Member
    Jamie Lockett
    @JamieLockett

    Manny (View Comment):
    This is all fake news. The Liberal judge made the argument out of thin air. It’s the judge that will be proven wrong. There is nothing in the Order that references green card holders or residents. Read it here.

    The order mentions the word “alien” twice and in both paragraphs it is quite clear the language is referring to people at point of entry. I quoted the paragraphs in this other Ricochet thread on the subject.

    In what way is this “fake news”?

    • #48
  19. Aaron Miller Inactive
    Aaron Miller
    @AaronMiller

    So the Iraqis represented by the ACLU were green card holders?

    Zafar (View Comment):
    The purpose was obviously: domestic political theatre.

    Randal H (View Comment):
    It could also be a move to strengthen his hand in the future. If he had taken a meager step, the outrage would have been the same, but now he has some room to back off, appearing to make reasonable compromises but still achieving what he wants long term – the vetting of “refugees” to make sure that they’re even refugees and that they don’t have radical tendencies.

    Both of these possibilities are plausible and in keeping with Trump’s prior behavior. Perhaps he is bidding high to make a steal look like compromise. Or perhaps Trump is again playing the media game by keeping the outrage stories rolling in… with little time to linger on anything before the next shocker.

    Or perhaps he bumbled. We won’t know for a while yet.

    • #49
  20. NYLibertarianGuy Inactive
    NYLibertarianGuy
    @PaulKingsbery

    Manny (View Comment):
    This is all fake news. The Liberal judge made the argument out of thin air. It’s the judge that will be proven wrong. There is nothing in the Order that references green card holders or residents. Read it here.

    The order mentions the word “alien” twice and in both paragraphs it is quite clear the language is referring to people at point of entry. I quoted the paragraphs in this other Ricochet thread on the subject.

    Manny, a green card holder is an alien.  No one is saying the EO permits rounding up Green Card holders present in the U.S.  The concern is that green card holders (who are certainly aliens under the Immigration Laws) are being denied admission at points of entry.

    Where is the fake news?

    • #50
  21. Jamie Lockett Member
    Jamie Lockett
    @JamieLockett

    NYLibertarianGuy (View Comment):
    Where is the fake news?

    Let me help you – for Manny “fake news” means “news I don’t like”.

    • #51
  22. James Lileks Contributor
    James Lileks
    @jameslileks

    Manny (View Comment):
    This is all fake news. The Liberal judge made the argument out of thin air. It’s the judge that will be proven wrong. There is nothing in the Order that references green card holders or residents. Read it here.

    The White House disagrees:

    U.S. green card holders will require additional screening before they can return to the United States, the White House said on Saturday.

    Earlier, a Department of Homeland Security official said people holding green cards, making them legal permanent U.S. residents, were included in President Donald Trump’s executive action temporarily barring people from seven Muslim-majority countries from entering the United States.

    “It will bar green card holders,” Gillian Christensen, acting Department of Homeland Security spokeswoman, said in an email.

    A senior White House official later sought to clarify the situation, saying green card holders who had left the United States and wanted to return would have to visit a U.S. embassy or consulate to undergo additional screening.

    “You will be allowed to re-enter the United States pending a routine rescreening,” the official said.

    One almost gets the impression they’re making it up as they go along.

    • #52
  23. NYLibertarianGuy Inactive
    NYLibertarianGuy
    @PaulKingsbery

    Manny (View Comment):
    This is all fake news. The Liberal judge made the argument out of thin air. It’s the judge that will be proven wrong. There is nothing in the Order that references green card holders or residents. Read it here.

    The order mentions the word “alien” twice and in both paragraphs it is quite clear the language is referring to people at point of entry. I quoted the paragraphs in this other Ricochet thread on the subject.

    Manny, what really bugs me is the reflexive comment about Judge Donnelly being a “liberal” judge.  I think you should educate yourself a little better before you throw labels around.

    • #53
  24. Aaron Miller Inactive
    Aaron Miller
    @AaronMiller

    I would not assume that formerly stringent processes for selecting immigrant candidates have been executed according to law or tradition under President Obama.

    We have seen how his administration corrupted and abused various authorities in other departments (IRS, DoJ, EPA, etc). Also, many Muslims (but pointedly not Christians) were admitted from war-torn countries in which documentation was burned, local government and lines of communication destroyed, and there was generally no way to verify identities and personal histories.

    In short, the determinations of a lawless president’s administration merit review. That does not mean it makes sense to ban green card holders immediately, indiscriminately, and without notice until those reviews occur.

    • #54
  25. Viruscop Inactive
    Viruscop
    @Viruscop

    James Lileks (View Comment):

    Manny (View Comment):
    This is all fake news. The Liberal judge made the argument out of thin air. It’s the judge that will be proven wrong. There is nothing in the Order that references green card holders or residents. Read it here.

    The White House disagrees:

    U.S. green card holders will require additional screening before they can return to the United States, the White House said on Saturday.

    Earlier, a Department of Homeland Security official said people holding green cards, making them legal permanent U.S. residents, were included in President Donald Trump’s executive action temporarily barring people from seven Muslim-majority countries from entering the United States.

    “It will bar green card holders,” Gillian Christensen, acting Department of Homeland Security spokeswoman, said in an email.

    A senior White House official later sought to clarify the situation, saying green card holders who had left the United States and wanted to return would have to visit a U.S. embassy or consulate to undergo additional screening.

    “You will be allowed to re-enter the United States pending a routine rescreening,” the official said.

    One almost gets the impression they’re making it up as they go along.

    I would like to know why Bannon is telling people how to interpret this.

    And you guys accuse my side of issuing diktats.

    • #55
  26. Samizdat Inactive
    Samizdat
    @Samizdat

    Damocles (View Comment):

    JcTPatriot (View Comment):

    What about the guys working in laboratories here who are travelling back and forth to IRAN?

    Sure, it makes sense to review everyone in the green card and H1B category. But it sure makes it seem like the USA doesn’t keep its word to start turning away people who were out of the country and returning home on some particular day.

     

    We Iranians (permanent resident or not) are already barred from working in sensitive fields. A perfectly sensible state of affairs, of course, given the unfortunate nature of the Iranian government. There is already an extensive vetting process for getting a Green Card, which takes months if not years. Just because someone “worked in a lab” and “was traveling back and forth” does not mean they are a threat.

    I don’t believe that the US is under any obligation to issue a visa to anyone and mainly blame the Iranian government for the misery of my people, but once someone is made a permanent resident it is understood that they have a legal right to travel which cannot be arbitrarily taken away. The real tragedy is that most Iranians living abroad are opponents of the regime like myself who are trying to escape the oppression.

    Libertarian/Conservatives like myself have long tried to steer the Iranian-American community (currently numbered at more than a million; mostly secular) away from the Democrats. Looks like a rough road lying ahead for us…

    • #56
  27. Aaron Miller Inactive
    Aaron Miller
    @AaronMiller

    James Lileks (View Comment):
    One almost gets the impression they’re making it up as they go along.

    That’s another possibility. If Trump is a man of action and his advisors at any given time go along with it, then he might rush something through before the usual filters in the State Department, Congress, or wherever else get their hands on the proposal. Straight to the printing press before editing.

    If that is the case, Trump is likely to try avoiding future embarrassments and/or powerful people around him like Paul Ryan will try to keep a closer eye on him so to cut off hasty mistakes.

    • #57
  28. Viruscop Inactive
    Viruscop
    @Viruscop

    Aaron Miller (View Comment):

    James Lileks (View Comment):
    One almost gets the impression they’re making it up as they go along.

    That’s another possibility. If Trump is a man of action and his advisors at any given time go along with it, then he might rush something through before the usual filters in the State Department, Congress, or wherever else get their hands on the proposal. Straight to the printing press before editing.

    If that is the case, Trump is likely to try avoiding future embarrassments and/or powerful people around him like Paul Ryan will try to keep a closer eye on him so to cut off hasty mistakes.

    Supposedly, the Justice Department didn’t get to review the order.

    • #58
  29. Jamie Lockett Member
    Jamie Lockett
    @JamieLockett

    Aaron Miller (View Comment):

    James Lileks (View Comment):
    One almost gets the impression they’re making it up as they go along.

    That’s another possibility. If Trump is a man of action and his advisors at any given time go along with it, then he might rush something through before the usual filters in the State Department, Congress, or wherever else get their hands on the proposal. Straight to the printing press before editing.

    If that is the case, Trump is likely to try avoiding future embarrassments and/or powerful people around him like Paul Ryan will try to keep a closer eye on him so to cut off hasty mistakes.

    For this theory to be valid, Trump would need to possess shame. There is no evidence that he does.

    • #59
  30. Sabrdance Member
    Sabrdance
    @Sabrdance

    Aaron Miller (View Comment):

    James Lileks (View Comment):
    One almost gets the impression they’re making it up as they go along.

    That’s another possibility. If Trump is a man of action and his advisors at any given time go along with it, then he might rush something through before the usual filters in the State Department, Congress, or wherever else get their hands on the proposal. Straight to the printing press before editing.

    If that is the case, Trump is likely to try avoiding future embarrassments and/or powerful people around him like Paul Ryan will try to keep a closer eye on him so to cut off hasty mistakes.

    That too.

    Part of the problem is that Trump appears to be trying to reduce the discretion of the agencies (hence the hamfistedness of the order and not briefing the full agencies until the rollout), but he doesn’t know how to do it (hence it doesn’t have as much specificity as it actually needs).  I’d be laying my money on “rookie mistake” followed by “playing by ear.”

    Regarding “diktat,” like it or not, Congress gave the President the ability to do this in 2015, and Obama exercised the power in both 2015 and on his own authority in 2011.  That accounts for the choice of countries (the ones Congress authorized).  It does not account for why it covers greencard holders (and James’ post finally links it back to the White House, not DHS).

    • #60
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