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. Manny Coolidge
    Manny
    @Manny

    Annefy (View Comment):

    NYLibertarianGuy (View Comment):

    blood thirsty neocon (View Comment):

    Problem solved? Or is there now a long term investment in outrage?

    Probably solves about 90% of the legal and policy issues. Hopefully, in the future the administration will think through the implications of its orders more carefully. I think this is one example of Trump’s learning curve in how governments (as opposed to businesses) operate.

    I disagree. I think Trump is going to get pretty much what he wanted. And more than what his supporters dreamed of. And quicker than most predicted.

    I agree.  As I’ve said a number of times now, this is a tempest in a teapot.  A simple clarification will do it.

    • #211
  2. NYLibertarianGuy Inactive
    NYLibertarianGuy
    @PaulKingsbery

    Doctor Robert (View Comment):
    Ignore the judgement and keep the policy active.

    Nowhere does the Constitution provide for judicial review of the POTUS’s power to conduct foreign affairs.

    A Federal judge in Brooklyn has no police authority.

    This would take years to litigate, during which time the policy can be used to protect us.

    I think the optics of openly defying the court order would be a bad move–especially because there has not even been a final ruling on the merits.  A lot of moderate Trump supporters believed he would be the “law and order” candidate, so that strategy could backfire.  He should litigate the case hard and emphasize DHS’s exception for Green Card holders.  Where possible, he should make other accommodations that seem reasonable.  If he does that, he can win in the courts and then he will be in a much stronger position.

    • #212
  3. Doctor Robert Member
    Doctor Robert
    @DoctorRobert

    NYLibertarianGuy (View Comment):

    Doctor Robert (View Comment):
    Ignore the judgement and keep the policy active.

    Nowhere does the Constitution provide for judicial review of the POTUS’s power to conduct foreign affairs.

    A Federal judge in Brooklyn has no police authority.

    This would take years to litigate, during which time the policy can be used to protect us.

    I think the optics of openly defying the court order would be a bad move–especially because there has not even been a final ruling on the merits. A lot of moderate Trump supporters believed he would be the “law and order” candidate, so that strategy could backfire. He should litigate the case hard and emphasize DHS’s exception for Green Card holders. Where possible, he should make other accommodations that seem reasonable. If he does that, he can win in the courts and then he will be in a much stronger position.

    NYLib, your point is a good one.  But we need a bit of defiance of judicial authoritarianism.  I say it’s broccoli, and to hell with it.

    • #213
  4. NYLibertarianGuy Inactive
    NYLibertarianGuy
    @PaulKingsbery

    Doctor Robert (View Comment):
    NYLib, your point is a good one. But we need a bit of defiance of judicial authoritarianism. I say it’s broccoli, and to hell with it.

    Do you realize what such defiance entails?  U.S. Marshals arresting DHS agents for criminal contempt?  Trump making his subordinates take the hit while he sits comfortably in the White House or Trump Tower?  Your approach is fine in the abstract, but gets very messy in the real world.

    More importantly, it is a weak move, not a strong one–it’s like taking your ball and going home or knocking all the pieces off of a board game because you don’t like how things are going.  Little, weak kids do those things.  And I submit that, if you are going to defy “judicial authoritarianism,” you should pick a better target than a temporary restraining order preserving the status quo so that a decision on the merits can be made.

    • #214
  5. CM Inactive
    CM
    @CM

    Doctor Robert (View Comment):
    NYLib, your point is a good one. But we need a bit of defiance of judicial authoritarianism. I say it’s broccoli, and to hell with it.

    Agree with this.

    Bowing to extra-legal dictates by judges overstepping boundaries doesn’t facilitate the “law and order” aspect of anyone with appropriate authority to do what they are doing.

    They fixed the issue the court was concerned about and the admin is fully within its rights to proceed without violating law.

    • #215
  6. CM Inactive
    CM
    @CM

    NYLibertarianGuy (View Comment):
    More importantly, it is a weak move, not a strong one–it’s like taking your ball and going home or knocking all the pieces off of a board game because you don’t like how things are going. Little, weak kids do those things. And I submit that, if you are going to defy “judicial authoritarianism,” you should pick a better target than a temporary restraining order preserving the status quo so that a decision on the merits can be made.

    So what? Continue to allow the judiciary to act outside of their legally defined role? What are checks and balances if no one ACTUALLY checks and balances?

    We want so badly to restore limited government, thinking the primary issue is the executive and legislative branches. But the biggest culprit outside Abraham Lincoln’s war to destroy state’s rights has been an extra-legal court that writes federal law from the bench, obliterating state nullification.

    Its a worthy fight. I may question the timing while the Admin is taking on the media stranglehold and information brought to the citizenry, but as I am not a strategist, I take a back seat in that discussion.

    • #216
  7. Jamie Lockett Member
    Jamie Lockett
    @JamieLockett

    CM (View Comment):

    Doctor Robert (View Comment):
    NYLib, your point is a good one. But we need a bit of defiance of judicial authoritarianism. I say it’s broccoli, and to hell with it.

    Agree with this.

    Bowing to extra-legal dictates by judges overstepping boundaries doesn’t facilitate the “law and order” aspect of anyone with appropriate authority to do what they are doing.

    They fixed the issue the court was concerned about and the admin is fully within its rights to proceed without violating law.

    What evidence do you have that the judge is acting extra-legally here?

    • #217
  8. Jamie Lockett Member
    Jamie Lockett
    @JamieLockett

    CM (View Comment):

    NYLibertarianGuy (View Comment):
    More importantly, it is a weak move, not a strong one–it’s like taking your ball and going home or knocking all the pieces off of a board game because you don’t like how things are going. Little, weak kids do those things. And I submit that, if you are going to defy “judicial authoritarianism,” you should pick a better target than a temporary restraining order preserving the status quo so that a decision on the merits can be made.

    So what? Continue to allow the judiciary to act outside of their legally defined role? What are checks and balances if no one ACTUALLY checks and balances?

    We want so badly to restore limited government, thinking the primary issue is the executive and legislative branches. But the biggest culprit outside Abraham Lincoln’s war to destroy state’s rights has been an extra-legal court that writes federal law from the bench, obliterating state nullification.

    Its a worthy fight. I may question the timing while the Admin is taking on the media stranglehold and information brought to the citizenry, but as I am not a strategist, I take a back seat in that discussion.

    I’m sorry but adjudicating legal disputes like this is the very reason the judiciary exists. This all could have been avoided had the Administration put even a modicum of thought and planning into this.

    • #218
  9. CM Inactive
    CM
    @CM

    Jamie Lockett (View Comment):

    CM (View Comment):

    Doctor Robert (View Comment):
    NYLib, your point is a good one. But we need a bit of defiance of judicial authoritarianism. I say it’s broccoli, and to hell with it.

    Agree with this.

    Bowing to extra-legal dictates by judges overstepping boundaries doesn’t facilitate the “law and order” aspect of anyone with appropriate authority to do what they are doing.

    They fixed the issue the court was concerned about and the admin is fully within its rights to proceed without violating law.

    What evidence do you have that the judge is acting extra-legally here?

    Many comments presenting law and precedent have shown the executive power has the right to act in immigration matters.

    Which means the judiciary has no constitutional grounding outside the questionable green card issue that the administration walked back.

    • #219
  10. Jamie Lockett Member
    Jamie Lockett
    @JamieLockett

    CM (View Comment):

    Jamie Lockett (View Comment):

    CM (View Comment):

    Doctor Robert (View Comment):
    NYLib, your point is a good one. But we need a bit of defiance of judicial authoritarianism. I say it’s broccoli, and to hell with it.

    Agree with this.

    Bowing to extra-legal dictates by judges overstepping boundaries doesn’t facilitate the “law and order” aspect of anyone with appropriate authority to do what they are doing.

    They fixed the issue the court was concerned about and the admin is fully within its rights to proceed without violating law.

    What evidence do you have that the judge is acting extra-legally here?

    Many comments presenting law and precedent have shown the executive power has the right to act in immigration matters.

    Which means the judiciary has no constitutional grounding outside the questionable green card issue that the administration walked back.

    This doesn’t really track with the way immigration law has evolved over the years. Congress has passed numerous laws that have established the standards for admittance to the United States. Trump himself even sighted the Immigration Act of 1952 as a governing authority – so clearly the White House recognizes that they are not the sole authority when it comes to immigration.

    Furthermore, the acts of the judge in this case were done so that those affected by the order can seek legal remedy – something very much within the scope and power of the judiciary. The judge only put a temporary stay on part of the order while the case was adjudicated, he didn’t overturn it in permanently.

    • #220
  11. The Reticulator Member
    The Reticulator
    @TheReticulator

    I have decided not to have an opinion about this today.  (Assuming it is not contrary to the CoC to do so.)

    • #221
  12. The Reticulator Member
    The Reticulator
    @TheReticulator

    The Reticulator (View Comment):
    I have decided not to have an opinion about this today. (Assuming it is not contrary to the CoC to do so.)

    I changed my mind after reading Rep. Justin Amash’s statement on Facebook. Now I have an opinion, though it’s not exactly the same as Rep. Amash’s:

    If Congress wants to assert control over immigration policy, it’s fine with me.  I’d like to see Congress assert control over almost any of the powers it has delegated to the administrative branch.  Doing so would require reasserting control over the budget, too.

    • #222
  13. Jules PA Inactive
    Jules PA
    @JulesPA

    Is there any value to the optics and outcome of Republicans opposing part orvall of this order?

    Supposing Trump could handle the fight?

    Everyone says he’s a negotiator, and that one tactic is to go big, then negotiate to something mutually agreeable.

    I never used to think like that, but now I’m always wondering, “What is the next scene in this script.”

     

    • #223
  14. Matt White Member
    Matt White
    @

    Viruscop (View Comment):

    Matt White (View Comment):

    The Reticulator (View Comment):
    I googled Alice Krige and I still don’t get it. Also, I don’t think Mr. Lileks has Mr. Viruscop pegged rightly, but it’s a strange case so I’m not putting any money on it.

    She’s the actress in the avatar. She is acting in the role of a leader of an alien people group that comes to new lands and forces the existing population to conform to their way of life. Total assimilation of the indigenous population into the lifestyle and culture of the immigrants is required. Individual freedom is crushed, even the will of the individual to act independently is destroyed. Very statist.

    I don’t think “statist” is the right word for the policies of a fictional alien race linked via a hive mind. Collectivist is better.

    That’s really just the final form of statism.

    • #224
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