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. The Reticulator Member
    The Reticulator
    @TheReticulator

    Jamie Lockett (View Comment):

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

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

    How many data points do you need before you have confidence in your generalization?  2? 3?

    • #61
  2. Manny Coolidge
    Manny
    @Manny

    NYLibertarianGuy (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 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?

    The language in the EO carefully qualifies which kind of aliens:

    “aliens eligible to be admitted to the United States as refugees.”

    The judge is trying to erroneously characterize the language.

    • #62
  3. Viruscop Inactive
    Viruscop
    @Viruscop

    Sabrdance (View Comment):

    Aaron Miller (View Comment):

    James Lileks (View Comment):

    It does not account for why it covers greencard holders (and James’ post finally links it back to the White House, not DHS).

    And that’s the problem. No one doubts Trump ability to issue these orders, but it might be unconstitutional to apply them to permanent residents.

    • #63
  4. Manny Coolidge
    Manny
    @Manny

    Jamie Lockett (View Comment):

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

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

    Testy, testy.  I get the feeling Jamie doesn’t like me.

    • #64
  5. Annefy Member
    Annefy
    @Annefy

    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?

    Oh Jamie. That’s been an issue for years. First I’ve heard you mention it.

    • #65
  6. Jamie Lockett Member
    Jamie Lockett
    @JamieLockett

    Manny (View Comment):

    NYLibertarianGuy (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 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?

    The language in the EO carefully qualifies which kind of aliens:

    “aliens eligible to be admitted to the United States as refugees.”

    The judge is trying to erroneously characterize the language.

    The White House stated that this is the correct interpretation. Is the White House erroneously characterizing it’s own Executive Order?

    • #66
  7. James Lileks Contributor
    James Lileks
    @jameslileks

    Viruscop (View Comment):
    I would like to know why Bannon is telling people how to interpret this.

    Because Crassus trusts him to figure out the deets; that’s what trusted subordinates do. the man on the horse gestures broadly; the functionaries interpret what he’s pointing at.

    And you guys accuse my side of issuing diktats.

    Because you do; statists require compliance. Remind me to tell you about the time our family business almost got fined by OSHA for not putting a book that said, in essence, “don’t drink gasoline” in the proper location in the warehouse.

    • #67
  8. Jamie Lockett Member
    Jamie Lockett
    @JamieLockett

    Annefy (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?

    Oh Jamie. That’s been an issue for years. First I’ve heard you mention it.

    I submit that you don’t read everything I’ve ever written or heard everything I’ve ever said.

    • #68
  9. Viruscop Inactive
    Viruscop
    @Viruscop

    James Lileks (View Comment):

    Viruscop (View Comment):
    I would like to know why Bannon is telling people how to interpret this.

    Because Crassus trusts him to figure out the deets; that’s what trusted subordinates do. the man on the horse gestures broadly; the functionaries interpret what he’s pointing at.

    And you guys accuse my side of issuing diktats.

    Because you do; statists require compliance. Remind me to tell you about the time our family business almost got fined by OSHA for not putting a book that said, in essence, “don’t drink gasoline” in the proper location in the warehouse.

    How about telling that story during the next Ricochet Podcast?

    • #69
  10. Viruscop Inactive
    Viruscop
    @Viruscop

    James Lileks (View Comment):

    Viruscop (View Comment):
    I would like to know why Bannon is telling people how to interpret this.

    Because Crassus trusts him to figure out the deets; that’s what trusted subordinates do. the man on the horse gestures broadly; the functionaries interpret what he’s pointing at.

    And you guys accuse my side of issuing diktats.

    Because you do; statists require compliance. Remind me to tell you about the time our family business almost got fined by OSHA for not putting a book that said, in essence, “don’t drink gasoline” in the proper location in the warehouse.

    We are not statists. We accept that our policies must be implemented within the framework of the Constitution, and we are not trying to destroy the Constitution.

    Also, it seems like Bannon gets a lot of responsibility for a guy who is just an advisor.

    • #70
  11. The Reticulator Member
    The Reticulator
    @TheReticulator

    Because I got burned the other day by believing the usual outrage (Trump gagging EPA employees in that case) I think I’ll wait a couple of days before rushing to judgment on this one.

    • #71
  12. Jamie Lockett Member
    Jamie Lockett
    @JamieLockett

    Viruscop (View Comment):

    James Lileks (View Comment):

    Viruscop (View Comment):
    I would like to know why Bannon is telling people how to interpret this.

    Because Crassus trusts him to figure out the deets; that’s what trusted subordinates do. the man on the horse gestures broadly; the functionaries interpret what he’s pointing at.

    And you guys accuse my side of issuing diktats.

    Because you do; statists require compliance. Remind me to tell you about the time our family business almost got fined by OSHA for not putting a book that said, in essence, “don’t drink gasoline” in the proper location in the warehouse.

    We are not statists. We accept that our policies must be implemented within the framework of the Constitution, and we are not trying to destroy the Constitution.

    Also, it seems like Bannon gets a lot of responsibility for a guy who is just an advisor.

    LOL, good one.

    • #72
  13. Manny Coolidge
    Manny
    @Manny

    Jamie Lockett (View Comment):

    Manny (View Comment):

    NYLibertarianGuy (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 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?

    The language in the EO carefully qualifies which kind of aliens:

    “aliens eligible to be admitted to the United States as refugees.”

    The judge is trying to erroneously characterize the language.

    The White House stated that this is the correct interpretation. Is the White House erroneously characterizing it’s own Executive Order?

    Where has the White House made that correction?  I can’t find it in any search.

    • #73
  14. Viruscop Inactive
    Viruscop
    @Viruscop

    Jamie Lockett (View Comment):

    Viruscop (View Comment):

    James Lileks (View Comment):

    Viruscop (View Comment):
    I would like to know why Bannon is telling people how to interpret this.

    Because Crassus trusts him to figure out the deets; that’s what trusted subordinates do. the man on the horse gestures broadly; the functionaries interpret what he’s pointing at.

    And you guys accuse my side of issuing diktats.

    Because you do; statists require compliance. Remind me to tell you about the time our family business almost got fined by OSHA for not putting a book that said, in essence, “don’t drink gasoline” in the proper location in the warehouse.

    We are not statists. We accept that our policies must be implemented within the framework of the Constitution, and we are not trying to destroy the Constitution.

    Also, it seems like Bannon gets a lot of responsibility for a guy who is just an advisor.

    LOL, good one.

    Are you laughing at the Bannon part or the Constitution part.

    I’m guessing the Constitution part.

    • #74
  15. NYLibertarianGuy Inactive
    NYLibertarianGuy
    @PaulKingsbery

    Note:

    Kindly refrain from imputing bad faith to another member of Ricochet or being gratuitously insulting.

    Manny (View Comment):
    The language in the EO carefully qualifies which kind of aliens:

    “aliens eligible to be admitted to the United States as refugees.”

    The judge is trying to erroneously characterize the language.

    You are disingenuously quoting Sect. 5(g) of the EO, which read in relevant part:

    (g) It is the policy of the executive branch that, to the extent permitted by law and as practicable, State and local jurisdictions be granted a role in the process of determining the placement or settlement in their jurisdictions of aliens eligible to be admitted to the United States as refugees.

    The problem with the EO is Section 3, which does not have the limiting language you are offering here.

    You are a veritable Barry Zuckekorn in terms of legal acumen.

    • #75
  16. Jamie Lockett Member
    Jamie Lockett
    @JamieLockett

    Manny (View Comment):

    Jamie Lockett (View Comment):

    Manny (View Comment):

    NYLibertarianGuy (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 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?

    The language in the EO carefully qualifies which kind of aliens:

    “aliens eligible to be admitted to the United States as refugees.”

    The judge is trying to erroneously characterize the language.

    The White House stated that this is the correct interpretation. Is the White House erroneously characterizing it’s own Executive Order?

    Where has the White House made that correction? I can’t find it in any search.

    http://www.reuters.com/article/us-usa-trump-immigration-greencard-idUSKBN15C0KX

    • #76
  17. Valiuth Member
    Valiuth
    @Valiuth

    Aaron Miller (View Comment):
    How do non-citizens (Iraqi foreigners) have standing to be represented in this action?

    They have standing because they are directly affected by the order. They are being detained and are challenging the detention itself. How could they not have standing?

    • #77
  18. Manny Coolidge
    Manny
    @Manny

    OK, let’s look at Section 3 reference to alines.

    Section 3, the pertinent sentences:

    I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order…

    “Suspend entry” means people coming in.  Not people who are already here.

    • #78
  19. Manny Coolidge
    Manny
    @Manny

    Jamie Lockett (View Comment):

    Manny (View Comment):

    Jamie Lockett (View Comment):

    Manny (View Comment):

    NYLibertarianGuy (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 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?

    The language in the EO carefully qualifies which kind of aliens:

    “aliens eligible to be admitted to the United States as refugees.”

    The judge is trying to erroneously characterize the language.

    The White House stated that this is the correct interpretation. Is the White House erroneously characterizing it’s own Executive Order?

    Where has the White House made that correction? I can’t find it in any search.

    http://www.reuters.com/article/us-usa-trump-immigration-greencard-idUSKBN15C0KX

    Is that a correction or an elaboration?  Strikes me as an elaboration.  They haven’t changed the EO.

    • #79
  20. Jamie Lockett Member
    Jamie Lockett
    @JamieLockett

    Manny (View Comment):
    OK, let’s look at Section 3 reference to alines.

    Section 3, the pertinent sentences:

    I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order…

    “Suspend entry” means people coming in. Not people who are already here.

    No one said anything about Greencard holders already in the United States.

    • #80
  21. Jules PA Inactive
    Jules PA
    @JulesPA

    Samizdat (View Comment):
    The real tragedy is that most Iranians living abroad are opponents of the regime like myself who are trying to escape the oppression.

    And I hope you know that I, and so many Americans, irrespective of party politics WANT to you to have this Great American Life.

    I am glad you are here, and hope more people who value what America truly offers can come here and participate (even thought today things have gone quite mad!)

    I’m sorry for this fiasco, and the fear it must cause for those people caught in the middle of it, being stuck in a place they are fleeing. I pray that every person they deal with treats them with kindness and respect and gets them home quickly, and safely.

    • #81
  22. DocJay Inactive
    DocJay
    @DocJay

    Viruscop (View Comment):

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

    Please continue.

    Some people are going to end up very disappointed.  At this moment I am not sure who those losing groups are and will watch this all play out.  This is a bucket o popcorn per day the next few months.

    • #82
  23. Annefy Member
    Annefy
    @Annefy

    Jamie Lockett (View Comment):

    Annefy (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?

    Oh Jamie. That’s been an issue for years. First I’ve heard you mention it.

    I submit that you don’t read everything I’ve ever written or heard everything I’ve ever said.

    Natch. Regardless, this has been a problem for years. I heard Marines talking years ago about thinking the best way to get their interpreters into the US, as bloody-well promised by the blasted State Department, was to get them to Mexico, then sneak them across the border.

    Now it’s a big deal? When I didn’t hear about it years ago when those Marines were trying to comply with promises made ? Cry me a river.

    NOTE; It would be nice to get an alert when our comments are edited. I removed the (redacted) and replaced with what are – to me – COC compliant words. All caps (and yes, in fact, I was yelling when I typed it) have been replaced by bold. Please be aware I am still yelling.

    • #83
  24. Jules PA Inactive
    Jules PA
    @JulesPA

    NYLibertarianGuy (View Comment):
    The problem with the EO is Section 3, which does not have the limiting language you are offering here.

    Could they say that is what they meant, like in the fine/tax debate on the ACA?

    ;) just kidding.

    I agree with your point, those two sections don’t have the exact same language. But there IS a provision for exceptions, in both section 3 & 5, right?

     

    • #84
  25. DocJay Inactive
    DocJay
    @DocJay

    James Lileks (View Comment):

    Viruscop (View Comment):
    I would like to know why Bannon is telling people how to interpret this.

    Because Crassus trusts him to figure out the deets; that’s what trusted subordinates do. the man on the horse gestures broadly; the functionaries interpret what he’s pointing at.

    Where’s Val Jarrett when we need her.

    • #85
  26. Valiuth Member
    Valiuth
    @Valiuth

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

    Trying is the first step to faliure.

    • #86
  27. Viruscop Inactive
    Viruscop
    @Viruscop

    DocJay (View Comment):

    James Lileks (View Comment):

    Viruscop (View Comment):
    I would like to know why Bannon is telling people how to interpret this.

    Because Crassus trusts him to figure out the deets; that’s what trusted subordinates do. the man on the horse gestures broadly; the functionaries interpret what he’s pointing at.

    Where’s Val Jarrett when we need her.

    Trump probably made the order apply to her, out of spite.

    • #87
  28. NYLibertarianGuy Inactive
    NYLibertarianGuy
    @PaulKingsbery

    Manny (View Comment):
    OK, let’s look at Section 3 reference to alines.

    Section 3, the pertinent sentences:

    I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order…

    “Suspend entry” means people coming in. Not people who are already here.

    So, will you finally admit it covers Green Card holders seeking re-entry into the U.S.?

    • #88
  29. NYLibertarianGuy Inactive
    NYLibertarianGuy
    @PaulKingsbery

    Jules PA (View Comment):

    NYLibertarianGuy (View Comment):
    The problem with the EO is Section 3, which does not have the limiting language you are offering here.

    Could they say that is what they meant, like in the fine/tax debate on the ACA?

    ? just kidding.

    I agree with your point, those two sections don’t have the exact same language. But there IS a provision for exceptions, in both section 3 & 5, right?

    Sure.  But you will admit that those are not broadly available to Green Card holders, right?  I mean, they require case-by-case determinations by State or DHS.

    • #89
  30. Jules PA Inactive
    Jules PA
    @JulesPA

    NYLibertarianGuy (View Comment):

    Jules PA (View Comment):

    NYLibertarianGuy (View Comment):
    The problem with the EO is Section 3, which does not have the limiting language you are offering here.

    Could they say that is what they meant, like in the fine/tax debate on the ACA?

    just kidding.

    I agree with your point, those two sections don’t have the exact same language. But there IS a provision for exceptions, in both section 3 & 5, right?

    Sure. But you will admit that those are not broadly available to Green Card holders, right? I mean, they require case-by-case determinations by State or DHS.

    yes, and as some have said, some details are missing. It is embarrassing, but it is government. I don’t like that part at all. It seems a terrible way to treat our guests.

    When I read the article, about how the EO affects those with a green card, it says they have to go to the Consulate or Embassy. That sucks. A. Lot.

    I do bet that part gets overruled, unless there is some major flaw in the vetting that got the individual a green card. (and isn’t that possible, and maybe even the reason this is part of the EO?)

    If I worked for Trump, I would advise him, that those with a green card should have a perfunctory review, but there should be a US official to meet them at the airport to complete what is necessary. Because part of being great again is treating guests properly.

     

    • #90
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