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Detroit judge orders temporary ban on some Trump immigration restrictions | Detroit judge orders temporary ban on some Trump immigration restrictions |
(about 1 hour later) | |
A US district judge in Detroit has issued an order temporarily restraining the Trump administration from carrying out some immigration restrictions in a presidential executive order, according to a court document. | A US district judge in Detroit has issued an order temporarily restraining the Trump administration from carrying out some immigration restrictions in a presidential executive order, according to a court document. |
Judge Victoria Roberts issued the order on Thursday in response to a motion filed with the US district court for the eastern district of Michigan seeking a permanent injunction “that prohibits the denial of entry into the United States of legal permanent residents and those with valid immigrant visas” under Donald Trump’s 27 January order. | |
Green card holders were initially covered by the travel ban, but on Sunday the Department of Homeland Security secretary, John Kelly, released a statement saying that they were not subject to the restrictions. | |
Justice department lawyers across the US were on Friday defending Trump’s order temporarily banning citizens of seven Muslim-majority nations from entering the country, a directive some attorneys general say is unconstitutional. | |
Trump last week signed the executive order, which affects people holding passports from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen, and also halts temporarily the entry of refugees into the country. | Trump last week signed the executive order, which affects people holding passports from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen, and also halts temporarily the entry of refugees into the country. |
The White House contends the moves are necessary for national security. | The White House contends the moves are necessary for national security. |
Democratic attorney generals in several states have called them unconstitutional. | |
Federal judges in Boston, Seattle and Virginia will weigh lawsuits filed by different states and advocacy groups challenging Trump’s order. In Seattle, the states of Washington and Minnesota are together asking a judge to suspend the entire policy nationwide, which would represent the broadest ruling to date against Trump’s directive. | Federal judges in Boston, Seattle and Virginia will weigh lawsuits filed by different states and advocacy groups challenging Trump’s order. In Seattle, the states of Washington and Minnesota are together asking a judge to suspend the entire policy nationwide, which would represent the broadest ruling to date against Trump’s directive. |
Should the judge rule that Washington and Minnesota have legal standing to sue, it could help Democratic attorney generals take on Trump in court on issues beyond immigration. | |
In a filing late on Thursday, justice department lawyers argued that Trump was well within his authority to issue the immigration restrictions. | |
Also on Thursday, fifty American Civil Liberties Union chapters filed Freedom of Information Act (Foia) requests for details on how US Customs and Border Protection implemented Trump’s order after federal courts issued orders instructing the government to stop carrying out the administration’s plan. | |
Massachusetts, anti-poverty group Oxfam and seven Iranian nationals will ask a Boston judge to extend an order issued on Sunday barring the detention or removal of approved refugees, visa holders and permanent US residents who entered from the seven countries. | |
“If an executive order looks like a Muslim ban, acts like a Muslim ban, and has been talked about as a Muslim ban, then it’s probably a Muslim ban,” the plaintiffs said in a court filing. | “If an executive order looks like a Muslim ban, acts like a Muslim ban, and has been talked about as a Muslim ban, then it’s probably a Muslim ban,” the plaintiffs said in a court filing. |
During his campaign, Trump discussed the idea of banning Muslims from entering the country to protect against terrorist threats, and on Thursday he defended the restrictions as necessary to protect religious liberty. | During his campaign, Trump discussed the idea of banning Muslims from entering the country to protect against terrorist threats, and on Thursday he defended the restrictions as necessary to protect religious liberty. |
“There are those who would seek to enter our country for the purpose of spreading violence, or oppressing other people based upon their faith or their lifestyle – not right,” he told a Washington prayer breakfast. | |
In addition to blocking people from the seven countries from entering the US, Trump’s executive order also barred resettlement of refugees for 120 days and indefinitely banned Syrian refugees. In an interview with a Christian broadcaster, Trump said an exception would be made for Christian refugees from Syria. | |
A Virginia judge on Friday will consider whether to allow that state’s attorney general to intervene in another court challenge there. | A Virginia judge on Friday will consider whether to allow that state’s attorney general to intervene in another court challenge there. |
The federal judge’s order in Detroit clarified that the travel ban does not apply to lawful permanent residents, including people with green cards. | The federal judge’s order in Detroit clarified that the travel ban does not apply to lawful permanent residents, including people with green cards. |
White House officials had not made it clear to government agencies whether the ban applied to green card holders and permanent residents, leading to confusion across every branch of government and in airports across the globe. | White House officials had not made it clear to government agencies whether the ban applied to green card holders and permanent residents, leading to confusion across every branch of government and in airports across the globe. |
The Detroit order was made in response to a lawsuit filed on behalf of four plaintiffs who are US permanent residents. | The Detroit order was made in response to a lawsuit filed on behalf of four plaintiffs who are US permanent residents. |
Three other plaintiffs in the case are seeking additional relief not covered by Judge Roberts’s order. Those plaintiffs are a US citizen whose nine-year-old son was denied entry into the US, an immigrant with a visa to enter the US and the Arab American Civil Rights League, a Dearborn, Michigan-based nonprofit which filed the suit on Tuesday. |