Federal Judge orders visa holders from banned countries released

Discussion in 'Political Issues' started by ClydeG19, Jan 28, 2017.

  1. ClydeG19

    ClydeG19

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  2. Adub

    Adub

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    Meh. Another judge could rule the other way.
     
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  3. Brasso

    Brasso Millennium Member

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    I'm not Jewish. I'm Messianic.
    Leftist judge.

    There is no law on the books, nor has there ever been, that says anyone from another country has a right to come here.

    They don't. We get to decide who comes and who goes. That's the law.
     
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  4. "Doc" Cavalry

    "Doc" Cavalry MAJ (USA Ret.)

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    A couple dozen get in, 100,000+ kept out. Seems like any 2nd grade math student could see this is a win.
     
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  5. Superzuki

    Superzuki

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    Even Common Core math???
     
  6. G33

    G33 Frisky! CLM Millennium Member

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    Deport all liberals!
    :)
     
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  7. happyguy

    happyguy Man, I'm Pretty

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    You can't get here from there!
    Start with the judges.

    Regards,
    Happyguy :)
     
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  8. BamaBud

    BamaBud NRA Life Member

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    Judge Ann Donnelly , appointed by Obama in 2014.
    Figures.
     
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  9. WT

    WT Millennium Member

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    Full text of ruling.

    UNITED STATES DISTRICT COURT
    EASTERN DISTRICT OF NEW YORK

    DECISION AND ORDER
    17 Civ. 480 (AMD)

    HAMEED KHALID DARWEESH and HAIDER SAMEER ABDULKHALEQ ALSHAWI, on behalf of themselves and others similarly situated,

    Petitioners,

    - against -

    DONALD TRUMP, President of the United States; U.S. DEPARTMENT OF HOMELAND SECURITY ("DHS"); U.S. CUSTOMS AND BORDER PROTECTION ("CBP"); JOHN KELLY, Secretary of DHS; KEVIN K. MCALEENAN, Acting Commissioner of CBP; JAMES T. MADDEN, New York Field Director, CBP,,

    Respondents.

    ANN DONNELLY, District Judge.

    On January 28, 2017, the petitioners filed an Emergency Motion of Stay of Removal on behalf of themselves and others similarly situated.

    IT APPEARING to the Court from the Emergency Motion for Stay of Removal, the other submissions, the arguments of counsel, and the hearing held on the 28th of January, 2017,

    1. The petitioners have a strong likelihood of success in establishing that the removal of the petitioner and others similarly situated violates their rights to Due Process and Equal Protection guaranteed by the United States Constitution;

    2. There is imminent danger that, absent the stay of removal, there will be substantial and irreparable injury to refugees, visa-holders, and other individuals from nations subject to the January 27, 2017 Executive Order;

    3. The issuance of the stay of removal will not injure the other parties interested in the proceeding;

    4. It is appropriate and just that, pending completion of a hearing before the Court on the merits of the Petition, that the Respondents be enjoined and restrained from the commission of further acts and misconduct in violation of the Constitution as described in the Emergency Motion for Stay of Removal.

    WHEREFORE, IT IS HEREBY ORDERED that the respondents, their officers, agents, servants, employees, attorneys, and all members and persons acting in concert or participation with them, from the date of this Order, are

    ENJOINED AND RESTRAINED from, in any manner or by any means, removing individuals with refugee applications approved by U.S. Citizenship and Immigration Services as part of the U.S. Refugee Admissions Program, holders of valid immigrant and non-immigrant visas, and other individuals from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen legally authorized to enter the United States.

    IT IS FURTHER ORDERED that to assure compliance with the Court's order, the Court directs service of this Order upon the United States Marshal for the Eastern District of New York, and further directs the United States Marshals Service to take those actions deemed necessary to enforce the provisions and prohibitions set forth in this Order.

    SO ORDERED.

    Ann M. Donnelly
    United States District Judge

    Dated: Brooklyn, New York
    January 28, 2017
     
  10. WT

    WT Millennium Member

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  11. steve4102

    steve4102

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    Isn't the Judges ruling in violation existing Federal Law.

    Immigration and Nationality Act of 1952

    also known as the McCarran–Walter Act,

    https://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1952

    Known as the McCarran-Walter Act, the Immigration and Nationality Act of 1952 allows for the "Suspension of entry or imposition of restrictions by the President, whenever the President finds that the entry of aliens or of any class of aliens into the United States would be detrimental to the interests of the United States. The President may, by proclamation, and for such a period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants or impose any restrictions on the entry of aliens he may deem to be appropriate."


    And who do you suppose last utilized this process? Why it was Democrat President Jimmy Carter, no less than 37 years ago, in 1979, to keep Iranians out of the United States. But he actually did more. He made ALL Iranian students, already in the United States, check in with the government. And then he deported a bunch of them. Seven thousand were found in violation of their visas, and a total of 15,000 Iranians were forced to leave the USA in 1979.

     
  12. steve4102

    steve4102

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  13. ithaca_deerslayer

    ithaca_deerslayer

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    It only affects removal. I do not believe it affects detention :)
     
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  14. TeaDub

    TeaDub

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    Thread title is inaccurate. The stay is only for removing people that were in transit or already at an airport when the order was signed. So far, it has no effect on people that will have to wait in their originating country.
     
  15. ClydeG19

    ClydeG19

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    8 USC Code 1182 section f.

    (f)Suspension of entry or imposition of restrictions by President
    Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

    The Judge is basically saying...they are already here, so we need to let them stay. The President signed the order. He has the authority. They need to be sent back.
     
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  16. ClydeG19

    ClydeG19

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    I think VR combined my thread with Steve's thread.
     
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  17. darth_rifle

    darth_rifle (null)

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    Correct; the order only stays the execution of removal ("deportation"). They can still be detained pending the outcome of whatever proceeding is before them.

    ETA: it is well-settled law that the judicial branch lacks the authority to review legislative or executive determinations on the on the admission of aliens into the US. That is to say, a court may not order an alien admitted into the territory of the US. Furthermore, arriving aliens are not eligible for bond -- only parole, and Trump pretty much shut that door.

    The best thing the aliens can hope for is a favorable habeus corpus order freeing them from custody, which would be tantamount to an admission. Then things will get REALLY interesting!

    - D. Rifle
     
    Last edited: Jan 29, 2017
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  18. WT

    WT Millennium Member

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    The POTUS has not shown that the people who were vetted and arrived here with appropriate visas, or those who are permanent US residents "would be detrimental to the interests of the United States."

    The judge doesn't like the broad brush that Trump used to keep individuals detained.

    The media is reporting that some people are being released from airport detention and are allowed to proceed on their way.
     
  19. MinervaDoe

    MinervaDoe

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    The judge: An Obama appointee.
    BUT
    The message: is clear.
     
  20. Dave Brubaker

    Dave Brubaker

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