A federal judge in Brooklyn has granted a stay halting Donald Trump’s dangerous, xenophobic immigration ban, after the American Civil Liberties Union and the National Immigration Law Center sued on behalf of two men from Iraq who were detained at New York’s JFK Airport. The stay applies nationally. The ACLU and the NILC are fucking heroes.
The ACLU announced Saturday they were filing suit with a coalition of other legal organizations; besides the NILC they included the International Refugee Assistance Project at the Urban Justice Center, Yale Law School’s Jerome N. Frank Legal Services Organization, and the firm Kilpatrick Townsend & Stockton.The suit was filed on behalf of Hameed Khalid Darweesh and Haider Sameer Abdulkhaleq Alshawi, who both held valid visas and were traveling to the United States to join their families.
Darweesh worked as a translator for the U.S. military in Iraq; a veteran and former Obama administration who worked with him called him heroic and “fearless.”
Guy literally spent years keeping U.S. soldiers alive in combat in Iraq. He was one of the first to sign up in 2003. He is fearless.
— Brandon Friedman (@BFriedmanDC) January 26, 2017
Alshawi, the other man represented by the ACLU, was traveling to the United States to meet his wife and son, who are lawful permanent residents and live in Houston. Alshawi had not seen his son for three years.
Visa-holders from the seven nations named in Trump’s executive order were left stranded at airports across the country, and many were told they would be sent back to their countries of origin. The stay granted tonight by U.S. District Judge Ann Donnelly guarantees that detained visa-holders can’t be sent back.
— ACLU of Ohio (@acluohio) January 29, 2017
But, as the New York Times points out, the order stops short of definitively letting visa-holders into the country “or issuing a broader ruling on the constitutionality of Mr. Trump’s actions.” There is a real danger that people being detained at the airport could now be placed in detention until the case is resolved.
A crowd outside the federal courthouse at Brooklyn’s Cadman Plaza greeted the ACLU’s lawyers with applause.
Dale Ho, the director of the ACLU’s Voting Rights Project, announced on Twitter that the judge’s order also stipulates that the government has to provide a list of those affected by the detainment orders today.
Nationwide injunction – no one can be removed – govt must provide list of names of ppl affected
— Dale Ho (@dale_e_ho) January 29, 2017