A federal judge has sided with the ACLU, preventing individuals from majority Muslim countries who arrive at U.S. airports from being deported as a result of Donald Trump’s executive order.
Trump’s order banned all citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen from entering the country. The suit was filed by the ACLU on behalf of several individuals from banned countries detained at U.S. airports after Trump issued the order Friday night.
The temporary restraining order will prevent citizens of these countries currently being held at U.S. airports from being deported. The ACLU said the order would impact about “100 to 200 people detained at U.S. airports or in transit.”
Judge Ann Donnelly did not make a final ruling on the constitutionality of the executive order. Further proceedings will be held that month.
The judge’s decision was captured by Jackie Vimo, a Policy Analyst for the National Immigration Law Center:
Judge Donnelly "The stay is granted!"
— 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
Judge: "Class is pretty well defined as outline in the papers – otherwise would be reviewing stays for a hundred people" so stay is national
— Jackie Vimo (@JackieVimo) January 29, 2017
ACLU lawyer Lee Gelernt explains the impact of the order. At a minimum, no one currently here with a valid visa will be sent back, Gelernt contends. They will continue challenging the order more broadly and seek to get individuals out of detention.
https://twitter.com/ACLU/status/825532347839836161/video/1
The ruling also did not explicitly release individuals being detained at airports. But the judge seemed to indicate she expects them to be released.
“If someone is not being released, I guess I’ll just hear from you,” the judge said.
Here is the full text of the order, which restrains Donald Trump from “further acts and misconduct in violation of the Constitution”:
Stay of ban removals pic.twitter.com/jZjtidm2IF
— Omar C. Jadwat (@OmarJadwat) January 29, 2017
This is the key part of the order:
ENJOINED AND RESTRAINED from, in any manner or by any means, removing individuals with refugee application approved by U.S. Citizenship and Immigration Services as part of the U.S. Refugee Admission 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.
Protesters in San Francisco react to news of the stay:
News of @ACLU victory/emergency stay reaches #SFO #MuslimBanprotest pic.twitter.com/A7ou6Ak07n
— Vivian Ho (@VivianHo) January 29, 2017
This is breaking news. The piece will be updated as more information becomes available.