Federal Judge Stays Trump Order Temporarily Banning Muslim Immigration
by Stephen Lendman
Trump’s anti-Muslim executive order was politically motivated, unrelated to protecting national security or preventing terrorist threats to America.
The only ones Americans face are state-sponsored. Death or injury from ISIS or other terrorists domestically is virtually nil.
On Saturday, US District Court Judge for the Eastern District of New York Anne M. Donnelly halted the deportation of refugees and others holding valid visas permitting legal entry to America.
Arrivals from seven predominantly Muslims countries targeted by Trump’s executive order can remain for now. She didn’t rule on the EO’s legality or say others from these countries yet to arrive would be allowed to stay.
She ruled in response to an ACLU et al law suit on behalf of two refugees – Hameed Khalid Darweesh and Haider Sameer Abdulkhaleq Alshawi.
Darweesh worked as a US electrical engineer and contractor from 2003 – 2010. He was traveling on an Iraqi special Immigrant Visa.
Former Obama official, involved earlier in the 2003 Iraq war, Brandon Friedman tweeted Darweesh “spent years keeping US soldiers alive in combat in Iraq.”
Alshawi has a Follow to Join Visa. His wife and seven-year-old son are lawful permanent US residents. Immigration officials at JFK Airport said there was no reason to detain either man, except for Trump’s executive order.
Director of ACLU’s Immigrants’ Rights Project (IRP) Omar Jadwat said “Trump’s war on equality is already taking a terrible human toll.”
Deputy ACLU IRP director Lee Gelernt explained Judge Donnelly’s ruling “preserves the status quo and ensures that people who have been granted permission to be in this country are not illegally removed off US soil.”
Trump’s EO suspended all refugee immigration for 120 days. It temporarily banned Muslim immigrants, refugees and asylum seekers from Iran, Iraq, Libya, Somalia, Sudan, and Yemen, Syrian nationals indefinitely, his order applying mostly to US war theaters.
Washington is fully responsible for creating the severest refugee crisis since WW II – yet is unwilling to help defenseless civilians it’s harmed so much.
Judge Donnelly’s ruling “enjoined and restrained (Trump administration officials and staff) from the commission of further acts of and misconduct in violation of the Constitution.”
“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 under the United States Constitution.”
ACLU executive director Anthony Romero cheered the ruling, calling Saturday “a remarkable day,” showing judicial action can counter administration measures “that are unconstitutional and illegal.”
Judge Donnelly’s ruling, and similar ones in other states, apply to all immigrants, refugees and asylum seekers, traveling with valid visas, from nations affected by Trump’s EO, now stranded at US airports nationwide or unlawfully detained.
On Sunday, the Department of Homeland Security said it will comply with judicial orders not to deport detained travelers.
Trump’s EO was flagrantly racist, a clear breach of international and constitutional law. Refugees are entitled to legal protection.
Article I of the 1951 UN Convention Relating to the Status of Refugees calls them:
“A person who owning to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of their nationality, and is unable to or, owing to such fear, is unwilling to avail him/herself of the protection of that country.”
To gain legal protection, they must be outside their country or internally displaced, fear persecution, be harmed or fear harm by their governments or others, and pose no danger.
Refugees and asylum seekers coming to America aren’t terrorists. They’re human beings desperately needing help – entitled to it under international and constitutional law.
His new book as editor and contributor is titled “Flashpoint in Ukraine: How the US Drive for Hegemony Risks WW III.”
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