No one detained in U.S. under Executive Order can be removed, for now, remainder of EO still in place.

(ORDER added at bottom of post)

A federal court in Brooklyn, NY, issued a temporary stay against enforcement of one aspect of Trump’s Executive Order on visas and refugees.

The suit was brought by the ACLU on behalf of two detained men seeking to prevent being sent back to Iraq. The Judge ordered a halt to removals of persons detained in the U.S. under the Executive Order. The lawsuit did not seek to challenge other aspects of the Executive Order.

ACLU "Govt is literally as we speak putting a person back on a plane to Syria" — Jackie Vimo (@JackieVimo) January 29, 2017

4 factors have been met: Irreparable harm established, likelihood of success on merits, no harm to govt. Likelihood of class cert. — Jackie Vimo (@JackieVimo) January 29, 2017

Nationwide injunction – no one can be removed – govt must provide list of names of ppl affected — Dale Ho (@dale_e_ho) January 29, 2017

UPDATE: The Order is posted It is clear that this only pertains to persons detained who, prior to the Executive Order, had valid visas or refugee applications already approved, or legally entered the U.S. from one of the 7 countries subject to the Executive Order:

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, 201 7,

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 2 7, 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.

There is nothing in the Order that prevents implementation of other provisions of the Executive Order other than removal of a certain class of persons.

————

Court Order Staying Trump Executive Order on Refugees by Legal Insurrection on Scribd



