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Federal Judge Has Already Halted Implementation of Trump's "Muslim Ban"

posted by on Sunday January 29 2017, @12:14PM   Printer-friendly
from the stop-thinking-that-you're-a-dictator dept.

-- OriginalOwner_ writes:

The Intercept reports

A Federal judge in New York issued a nationwide temporary injunction [1], halting the implementation of President Donald Trump's executive order on immigration on Saturday night, blocking the deportation of travelers with valid visas detained at airports in the past 24 hours.

Judge Ann Donnelly, a United States District Court Judge in Brooklyn, issued the ruling at an emergency hearing on a lawsuit [2] filed by the American Civil Liberties Union and other groups on Saturday, as Trump's executive order temporarily banning citizens of seven nations with Muslim majorities from entering the U.S. took immediate effect.

The judge ruled that the government must immediately stop deporting travelers from those nations, including refugees who already went through a rigorous vetting process, and provide a complete list of all those detained, immigrants rights lawyer Lee Gelernt told reporters in Brooklyn.

[Ed Note (martyb): Original text and links from The Intercept are reproduced here — to bypass indirections and Javascript use the following links.]

[1] Direct link to a PDF of the Emergency Motion for Stay of Removal (Case 1:17-cv-00480 Document 8 Filed 01/28/17).
[2] Direct link to a PDF of the Original ACLU Complaint (Case 1:17-cv-00480 Document 1 Filed 01/28/17).

Previously:
Breaking News: Immigration Ban Includes Green Card Holders

Original Submission

 
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  • (Score: 0) by Anonymous Coward on Sunday January 29 2017, @05:33PM

    by Anonymous Coward on Sunday January 29 2017, @05:33PM (#460313)

    The short answer is for now, yes; but for always, no. Any Federal District Court can stay a federal law or executive order, (due to the existence of federal question and the Federal Government as Defendant Subject Matter Jurisdiction (see Constitution and 28 USC 1331 and 1346)), as long as other requirements (like proper venue) are met. That court will have jurisdiction over the entire US until some other court of higher authority or more specific geography decides otherwise. So, for example, that decision will hold in Dallas, TX until the Northern District of Texas, 5th Court of Appeals, or Supreme Court rule otherwise, due to specific geography; or the 2nd Court of Appeals or the Supreme Court rule otherwise due to having higher authority.