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Tuesday, 31 January 2017

udge suspends Trump's order

Michael D Shear, Nicholas Kulish and Alan Feuer WASHINGTON, Jan 30, 2017, NYT
Bars deportation of refugees

Activists gather outside the White House to protest President Donald Trump's executive actions on Immigration. Reuters photo

A federal judge in Brooklyn came to the aid of scores of refugees and others who were trapped at airports across the United States on Saturday after an executive order signed by President Donald Trump, which sought to keep many foreigners from entering the country, led to chaotic scenes across the globe. 
The judge’s ruling blocked part of the president’s actions, preventing the government from deporting some arrivals who found themselves ensnared by Trump’s order. But it stopped short of letting them into the country or issuing a broader ruling on the constitutionality of Trump’s actions.

The high-stakes case played out on Saturday amid global turmoil, as the executive order signed by the president on Friday afternoon slammed shut the US borders for an Iranian scientist headed to a lab in Massachusetts, a Syrian refugee family headed to a new life in Ohio and countless others across the world.

The president’s order, enacted with the stroke of a pen at 4.42 pm on Friday, suspended entry of all refugees to the United States for 120 days, barred Syrian refugees indefinitely and blocked entry into the US for 90 days for citizens of seven predominantly Muslim countries: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.

The Department of Homeland Security said the order barred green card holders from those countries from re-entering the United States. In a briefing for reporters, White House officials said green card holders from the seven affected countries who were outside the United States would need case-by-case waivers to return.

Trump – in office just a week – found himself accused of constitutional and legal overreach by two Iraqi immigrants, defended by the American Civil Liberties Union. Meanwhile, large crowds of protesters turned out at airports around the country to denounce Trump’s ban on the entry of refugees.

Lawyers who sued the government to block the White House order said the judge’s decision could affect an estimated 100 to 200 people who were detained upon arrival at American airports.

Judge Ann M Donnelly of the US District Court in Brooklyn, who was nominated by former President Barack Obama, ruled just before 9 pm that implementing Trump’s order by sending the travellers home could cause them irreparable harm. She said the government was “enjoined and restrained from, in any manner and by any means, removing individuals” who had arrived in the United States with valid visas or refugee status.

The ruling does not appear to force the administration to let in people otherwise blocked by Trump’s order who have not yet travelled to the United States. The judge’s one-page ruling came swiftly after lawyers for the ACLU testified in her courtroom that one of the people detained at an airport was being put on a plane to be deported back to Syria at that very moment. A government lawyer, Gisela A Westwater, who spoke to the court by phone from Washington, said she simply did not know.


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