Judge orders halt to Trumps immigration executive order

[blogslut]

Source: ARS Technica

A federal judge has blocked President Donald Trump's immigration executive order, which has spurred many lawsuits and has been deeply castigated by tech sector bosses.

Trump's order Friday halted refugee arrivals for 120 days and banned for 90 days citizens of Iraq, Iran, Sudan, Syria, Libya, Somalia, and Yemen. US District Judge Andre Birotte Jr. issued an emergency order, which became public Wednesday, that forbids the government from enforcing Trump's order on those entering the US with a valid immigrant visa from the seven countries Trump listed. The order by the President Barack Obama appointee, however, was silent about refugees trying to enter the country, and it also did not mention the fate of tourists or others with non-immigrant visas.



Read more: https://arstechnica.com/tech-policy/2017/02/judge-orders-halt-to-trumps-immigration-executive-order/

[Glamrock]

1. Kick ass!

[JTFrog]

2. K&R n/t

[gademocrat7]

3. K&R!

[NastyRiffraff]

4. Yes!

I particularly like the phrase "Defendant Donald J. Trump"

More like this.

[Tiggeroshii]

6. partially

http://www.latimes.com/local/lanow/la-me-ln-federal-order-travel-ban-20170201-story.html

[Ms. Toad]

14. It addresses the parts that are clearly unconstitutional,

with the most likely chance of success and the clearest irreparable harm: Those with valid immigrant visas.

Unfortunately, some of the other parts of the law are less blatantly unconstitutional, don't address people with property rights in their immigrant status, and arguably money can fix any harm done to those whose rights to come here are more tenuous (the basic standard for irreparable harm - can money fix it).

I expect the constitutionality of permitting exceptions to travel only for Christians will ultimately win - but there are more arguments on both sides of that issue, given some of the broad powers of the president vis-a-vis people who have not already been vetted.

(NOT to excuse the horrendous policy decision - it is just that the law is less clear once we move past people who already have visas.)

[Igel]

35. The argument was made

a few years ago that Yazidis should be given preferential treatment. Not because of their religion per se, but because of the persecution they suffered and their lack of risk. Nobody controverted this. Few Yazidi terrorists, and there's no question that they were singled out for persecution.

It helped that they didn't share a moderately meaningless label with others that are often strongly disliked.

[ret5hd]

7. At the LA Times now:

http://www.latimes.com/local/lanow/la-me-ln-federal-order-travel-ban-20170201-story.html

[aquamarina]

8. Link to the USDC order

Looks legit.
https://free.law/pdf/C.D.Cal._2-17-cv-00786_7_0.pdf

[GreydeeThos]

9. K & R

[BumRushDaShow]

10. Looks like it is just for one U.S. airport - LAX

I know other jurisdictions have been getting cease rulings but this doesn't seem to be global ("global" as in through all U.S. airports).

[Ms. Toad]

11. Only the last of four parts to the order is limited to LAX

The rest of it is very broad - and at least one other provision applies broadly to travel to the US.

[BumRushDaShow]

16. Okay

It seems that laws don't matter to this administration.

Another article - http://ktla.com/2017/02/01/federal-judge-in-l-a-a-former-obama-appointed-u-s-attorney-orders-another-halt-to-trumps-travel-ban/

[Stonepounder]

13. However, it doesn't say it is not global.

The Prez and Dept of State specifically, and all others, are enjoined.

It will be VERY interesting to see if the order is obeyed. If not, we are well and truly screwed and have a full-blown Constitutional crisis on our hands. If so, will be interesting to see how Congress reacts. If they side with Trump then it is time to update your Passports and get the Hell out of here.

[BumRushDaShow]

17. We shall see

Reading the order, the defendants have until Sunday to object and must appear in court on the 10th.

[Ms. Toad]

12. Sweeping, unambiguous language

Using sweeping, unambiguous language, U.S. District Judge Andre Birotte Jr. on Tuesday night granted a temporary restraining order against the executive order Trump signed late last week.

Had to be. That's the only kind of language Trump, et al. understands.

[still_one]

15. and the asshole will defy the court order, then what? republicans won't do sqwat

[Stonepounder]

22. As I said in an earlier post

If Congress allows Trump to openly defy a Federal Injunction and not do anything, then they have voted, by their silence, that they are willing to watch our Constitutional Democracy go down in flames and admit that we now have a dictatorship with a rubber stamp congress.

[still_one]

26. That would be a major Constitutional Crisis then

[cvoogt]

32. this is already the case at Dulles.

CBP has ignored 4+ federal court orders already and continues to detain or even send back green card holders, and even detain US citizens as young as 5 years old. Who will actually enforce these court orders? It won't be the US marshals. The governor can't send people into the CBP area either.

[Mountain Mule]

18. Good for US District Judge Andre Birotte Jr!

Does anyone one want to make bets on how long before Доналд Трамп purges him? I give Birotte 24 hours.

[Stonepounder]

23. The President cannot fire a Federal Judge.

Only Congress can impeach him.

[Mountain Mule]

30. Good to know!

Except that there's a majority of Reptilicans in Congress. Does anyone want make bets on how long it will be before he either steps down under threat of impeachment or gets impeached? At the current rate that atrocities are raining down on our heads, I give him a week in his case. I'm a cynic, I know; but these days, the only people who aren't cynics are 5 year-old's, and sometimes I wonder about them.

[humbled_opinion]

19. I believe

1. The State Department revoked all of the Visa's on Friday, this order seems too late to combat that, unless there is some grandfather type clause that makes those Visa's valid again, would probably need the State Dept take on it.

2. If the State Department refuses to issue Visa's to those 7 countries than this order is moot.

[Moosepoop]

36. I think that's what section 3 does.

It orders the State Department to "return to Plaintiffs their passports containing validly issued immigrant visas so that Plaintiffs may travel to the United States on said visas"...

[blogslut]

21. What happens in 120 days?

[blogslut]

25. So, his defiance of court orders and the ban of people based on their religion is a "dust up"?

?

[RegexReader]

40. it will be considered a 'dust up' once

the mask is removed and we see the real face of evil

[uppityperson]

28. This ban is a "dust-up"?

[spooky3]

31. Do you really think after 120 days Trump

Would simply let it expire?

[uppityperson]

27. It's a start, there are still too many in groups still affected

[rug]

29. "Defendants, and Defendant United States Department of State in particular . . . . '

The correct response to trump's executive orders.

[Xipe Totec]

34. K&R

[Cha]

37. Thank you, US District Judge Andre Birotte Jr!

Thank you, blogslut!

[Initech]

38. Yes!

[Blue Idaho]

39. Now - will the relevant agencies obey the court order

Or will they flagrantly ignore it and continue harassing Muslims?

[Jhall5]

41. Thank you.

Thank you, from the wife of a green card holder.