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Homeland security chief: officials are complying with travel ban court orders Officials complying with travel ban court orders, homeland security chief claims
(35 minutes later)
The chief of the Department of Homeland Security (DHS) has told staff that customs officials “are and will remain in compliance” with a flurry of court orders blocking the detention of travelers caught in Donald Trump’s immigration halt, even as lawyers and legislators warn of a constitutional crisis sparked by alleged DHS defiance.The chief of the Department of Homeland Security (DHS) has told staff that customs officials “are and will remain in compliance” with a flurry of court orders blocking the detention of travelers caught in Donald Trump’s immigration halt, even as lawyers and legislators warn of a constitutional crisis sparked by alleged DHS defiance.
In an email to staff obtained by the Guardian, the DHS secretary, John Kelly, wrote that “upon issuance of the court orders, US Customs and Border Protection (CBP) immediately began taking steps to comply with the orders and did so with professionalism”. DHS confirmed the authenticity of Kelly’s message.In an email to staff obtained by the Guardian, the DHS secretary, John Kelly, wrote that “upon issuance of the court orders, US Customs and Border Protection (CBP) immediately began taking steps to comply with the orders and did so with professionalism”. DHS confirmed the authenticity of Kelly’s message.
But Kelly’s assurance contrasts with accounts from lawyers and elected officials on Sunday, following Saturday night’s Brooklyn federal court order issuing a stay on deportations for those who arrived in the United States with valid visas after Trump’s executive order was issued. The order mandated that those held in detention be released.But Kelly’s assurance contrasts with accounts from lawyers and elected officials on Sunday, following Saturday night’s Brooklyn federal court order issuing a stay on deportations for those who arrived in the United States with valid visas after Trump’s executive order was issued. The order mandated that those held in detention be released.
Three other legal challenges took place over the weekend, with courts in Virginia, Seattle and Massachusetts ruling to stop deportations of those who had legal visas for entry, limiting the executive order.Three other legal challenges took place over the weekend, with courts in Virginia, Seattle and Massachusetts ruling to stop deportations of those who had legal visas for entry, limiting the executive order.
Legislators expressed doubt on Monday that CBP was in fact in compliance with the court orders. The day before, four members of Congress were denied access to detained visa holders at Dulles international airport who were not processed through immigration despite the order – something a Virginia Democrat termed a constitutional crisis.Legislators expressed doubt on Monday that CBP was in fact in compliance with the court orders. The day before, four members of Congress were denied access to detained visa holders at Dulles international airport who were not processed through immigration despite the order – something a Virginia Democrat termed a constitutional crisis.
“We call on the Department of Homeland Security (DHS) to immediately provide clear guidance to CBP agents that strictly follows the judges’ rulings,” read a statement issued by 19 Democratic members of Congress on Monday.“We call on the Department of Homeland Security (DHS) to immediately provide clear guidance to CBP agents that strictly follows the judges’ rulings,” read a statement issued by 19 Democratic members of Congress on Monday.
An attorney for the AFL-CIO union federation said early on Monday that lawyers were working on a contempt-of-court order for non-compliant customs personnel.An attorney for the AFL-CIO union federation said early on Monday that lawyers were working on a contempt-of-court order for non-compliant customs personnel.
Kelly indicated his department would not back down from enforcing an order that has roiled the US’s international relations and sparked a new wave of protests around the country.Kelly indicated his department would not back down from enforcing an order that has roiled the US’s international relations and sparked a new wave of protests around the country.
In his Monday email to staff, Kelly wrote: “We are and will continue enforcing President Trump’s Executive Order humanely and with professionalism. We are and will remain in compliance with judicial orders.”In his Monday email to staff, Kelly wrote: “We are and will continue enforcing President Trump’s Executive Order humanely and with professionalism. We are and will remain in compliance with judicial orders.”
DHS said on Monday it believes that most people in detention were cleared out of the process as of 6pm ET on Sunday, according to spokeswoman Gillian Christensen. She distinguished detentions of visa holders from green card holders undergoing a “case-by-case” review by border officials that she characterized as a “temporary delay”.DHS said on Monday it believes that most people in detention were cleared out of the process as of 6pm ET on Sunday, according to spokeswoman Gillian Christensen. She distinguished detentions of visa holders from green card holders undergoing a “case-by-case” review by border officials that she characterized as a “temporary delay”.
But an advocacy group at JFK airport in New York City said that additional detentions had occurred on Monday.But an advocacy group at JFK airport in New York City said that additional detentions had occurred on Monday.
Marielena Hincapie, director of the National Immigration Law Center, said on Sunday that border control officials were “kafkaesque” in their responses and were not complying with the court order.Marielena Hincapie, director of the National Immigration Law Center, said on Sunday that border control officials were “kafkaesque” in their responses and were not complying with the court order.
“We continue to face border patrol’s non-compliance and chaos at airports around the country,” said Hincapie, adding that Trump’s order “has already caused irrevocable harm It has already caused chaos.”“We continue to face border patrol’s non-compliance and chaos at airports around the country,” said Hincapie, adding that Trump’s order “has already caused irrevocable harm It has already caused chaos.”
Becca Heller, director of the International Refugee Assistance Project, told the Guardian on Sunday that border control officials were choosing to apply the ban on a case-by-case basis, depending on the individual officer. “There is no method to this madness,” she said.Becca Heller, director of the International Refugee Assistance Project, told the Guardian on Sunday that border control officials were choosing to apply the ban on a case-by-case basis, depending on the individual officer. “There is no method to this madness,” she said.
US officials who spoke on condition of anonymity for fear of reprisal described a chaotic process leading to and implementing the order. The White House, one said, rammed Friday’s order through without significant consultation with DHS and around the government. The White House homeland security adviser, Tom Bossert, attempted to slow the process in order to inform the DHS personnel tasked with implementing it.US officials who spoke on condition of anonymity for fear of reprisal described a chaotic process leading to and implementing the order. The White House, one said, rammed Friday’s order through without significant consultation with DHS and around the government. The White House homeland security adviser, Tom Bossert, attempted to slow the process in order to inform the DHS personnel tasked with implementing it.
Former senior security officials in the George W Bush and Obama administrations spoke of a “hasty” order in an open letter to Kelly and other senior officials on Monday, writing: “We are concerned that the Order received little, if any, scrutiny by the Departments of State, Justice, Homeland Security and the Intelligence Community.”Former senior security officials in the George W Bush and Obama administrations spoke of a “hasty” order in an open letter to Kelly and other senior officials on Monday, writing: “We are concerned that the Order received little, if any, scrutiny by the Departments of State, Justice, Homeland Security and the Intelligence Community.”
After first saying that green card holders, who are legal permanent residents of the United States, were included in the executive order travel ban if they were from one of the seven Muslim-majority countries on the list – Syria, Yemen, Somalia, Iran, Iraq, Sudan and Libya – Kelly confirmed on Sunday that green card holders would be allowed to enter the US.After first saying that green card holders, who are legal permanent residents of the United States, were included in the executive order travel ban if they were from one of the seven Muslim-majority countries on the list – Syria, Yemen, Somalia, Iran, Iraq, Sudan and Libya – Kelly confirmed on Sunday that green card holders would be allowed to enter the US.
He reiterated that in his email to staff on Monday, noting that “entry of lawful permanent residents is in the national interest”.He reiterated that in his email to staff on Monday, noting that “entry of lawful permanent residents is in the national interest”.
“Accordingly, absent significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations,” he wrote to staff.“Accordingly, absent significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations,” he wrote to staff.
Kelly also said the DHS was working with airlines to stop travelers from boarding flights bound for the US if they were barred from entry under the executive order.Kelly also said the DHS was working with airlines to stop travelers from boarding flights bound for the US if they were barred from entry under the executive order.
According to the White House, 109 people were initially denied entry over the weekend at US airports.According to the White House, 109 people were initially denied entry over the weekend at US airports.
Multiple US embassies worldwide were telling visa applicants from the seven Muslim-majority countries listed in the executive order “please do not attend” visa appointments “as we will not be able to proceed with your visa interview”, according to messages obtained by the Guardian.Multiple US embassies worldwide were telling visa applicants from the seven Muslim-majority countries listed in the executive order “please do not attend” visa appointments “as we will not be able to proceed with your visa interview”, according to messages obtained by the Guardian.
Several foreign governments, including the critical counter-terrorism partner nation Iraq, whose nationals are subject to the immigration halt, have reacted with scorn to the order. The former Bush and Obama officials, in their letter to Kelly, warned that the order would “do long-term damage to our national security”.Several foreign governments, including the critical counter-terrorism partner nation Iraq, whose nationals are subject to the immigration halt, have reacted with scorn to the order. The former Bush and Obama officials, in their letter to Kelly, warned that the order would “do long-term damage to our national security”.
One Iraqi who used to work as a translator for the foreign-aid agency USAid, said the order was inflaming Iraqis and “the arrogance of the Trump administration” risked the future of the US in the country.One Iraqi who used to work as a translator for the foreign-aid agency USAid, said the order was inflaming Iraqis and “the arrogance of the Trump administration” risked the future of the US in the country.
“There is already dissatisfaction about the presence of US troops in Iraq. Though these troops are fighting Isis, it is likely that Iran will seize this opportunity to feed the hatred towards American troops. Upon completion of the Mosul operation, Iran will do its best so that the US may pull out of Iraq again,” the former translator, Saman Omar, told the Guardian.“There is already dissatisfaction about the presence of US troops in Iraq. Though these troops are fighting Isis, it is likely that Iran will seize this opportunity to feed the hatred towards American troops. Upon completion of the Mosul operation, Iran will do its best so that the US may pull out of Iraq again,” the former translator, Saman Omar, told the Guardian.