Earlier today the ACLU filed a motion for an emergency stay against President Trump’s immigration order. The hearing was held in New York in front of federal judge Ann Donnelly:
Judge: “Apparently there is someone they are putting on a plane. Back to Syria. Irreparable harm?”
— Jackie Vimo (@JackieVimo) January 29, 2017
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
Lawyers applaud after hearing “the stay is national.” #JFKTerminal4 pic.twitter.com/eLV9ECfzom
— Katie Zavadski (@katiezavadski) January 29, 2017
This is a very partial victory. It applies to green card holders and others with legal residence status who are on US soil but are being detained in airports. They do not have to be allowed entry into the country, but they cannot now be sent back to their home country. Their eventual status will be determined in subsequent hearings. However, the overall refugee ban stays in place, and the overall entry ban for those from seven Muslim countries also stays in place. Those who are overseas are—for now, anyway—still banned from entering the US, even if they are green card holders.
UPDATE: Here’s a copy of Donnelly’s order. It applies to “individuals with refugee applications approved by U.S. Citizenship and Immigration Services as part of the U.S. Refugee Admissions 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.”
Here’s the full text of the stay issued by Judge Donnelly tonight. #MuslimBan #NoBan pic.twitter.com/xWHFbYoJN0
— Josh Leitzel (@joshleitzel) January 29, 2017
