WASHINGTON — A federal judge issued an emergency order Saturday night temporarily barring the U.S. from deporting people from nations subject to President Donald Trump’s travel ban, saying travelers who had been detained had a strong argument that their legal rights had been violated.
U.S. District Judge Ann Donnelly in New York issued the emergency order after lawyers for the American Civil Liberties Union filed a court petition on behalf of people from seven predominantly Muslim nations who were detained at airports across the country as the ban took effect.
As the decision was announced, cheers broke out in crowds of demonstrators who had gathered at American airports and outside the Brooklyn courthouse where the ruling was issued.
The order barred U.S. border agents from removing anyone who arrived in the U.S. with a valid visa from Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen. It also covered anyone with an approved refugee application.
It was unclear how quickly the order might affect people in detention, or whether it would allow others to resume flying.
“Realistically, we don’t even know if people are going to be allowed onto the planes,” said ACLU lawyer Lee Gelernt. “This order would protect people who they allow to come here and reach U.S. soil.”
Under Trump’s order, it had appeared that an untold number of foreign-born U.S. residents now traveling outside the U.S. could be stuck overseas for at least 90 days even though they held permanent residency “green cards” or other visas. However, an official with the Department of Homeland Security said Saturday night that no green-card holders from the seven countries cited in Trump’s order had been prevented from entering the U.S.
Some foreign nationals who were allowed to board flights before the order was signed Friday had been detained at U.S. airports, told they were no longer welcome. The DHS official who briefed reporters by phone said 109 people who were in transit on airplanes had been denied entry and 173 had not been allowed to get on their planes overseas.
In her three-page order, Donnelly wrote that without the stay “there will be substantial and irreparable injury to refugees, visa-holders and other individuals from nations subject to the Jan. 27, 2017, executive order.”
Trump billed his sweeping executive order as a necessary step to stop “radical Islamic terrorists” from coming to the U.S. It included a 90-day ban on travel to the U.S. by citizens of Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen and a 120-day suspension of the U.S. refugee program.
Trump’s order singled out Syrians for the most aggressive ban, indefinitely blocking entry for anyone from that country, including those fleeing civil war.
The directive did not do anything to prevent attacks from homegrown extremists who were already in America, a primary concern of federal law enforcement officials. It also omitted Saudi Arabia, home to most of the Sept. 11 hijackers.
As a candidate Trump pledged to temporarily ban Muslims from coming to the U.S., then said he would implement “extreme vetting” for people from countries with significant terror concerns.
“It’s working out very nicely,” Trump said of the implementation of his order. “We’re going to have a very, very strict ban and we’re going to have extreme vetting, which we should have had in this country for many years.”
