A federal judge in Brooklyn issued an emergency stay Saturday night against President Donald Trump’s executive order banning immigration from certain predominantly Muslim countries, temporarily allowing people who have landed in the United States with a valid visa to remain.
The ruling—a stunning defeat for Trump at the end of his first week in office—protects from deportation refugees or visa holders who were detained at American airports since the signing of so-called “Muslim ban.” It also protects those in transit when the emergency ruling was filed.
Stay covers all those who were in transit and are being detained at airports. Important first win–thank you @ACLU attorneys! #NoBanNoWall
— ACLU of Ohio (@acluohio) January 29, 2017
The lawsuit was brought by the American Civil Liberties Union on behalf of two men detained at John F. Kennedy International Airport in New York City. The men were subsequently released. Cody Wofsy, a lawyer with the ACLU, told Mother Jones he’d worked though the night with a large group of attorneys on Friday to write the brief that challenged the executive order.
The director of the ACLU’s Voting Rights Project announced the victory on Twitter:
We won
— Dale Ho (@dale_e_ho) January 29, 2017
Stay is national
— Dale Ho (@dale_e_ho) January 29, 2017
Nationwide injunction – no one can be removed – govt must provide list of names of ppl affected
— Dale Ho (@dale_e_ho) January 29, 2017
The stay, granted by Judge Ann M. Donnelly of the US District Court, is temporary, and a court will have to decide whether to make it permanent at a later date. But for now, people will not be deported because of Trump’s executive order.
ACLU currently estimates 100-200 people across US airports being held because of EO. They can all stay until further notice
— Raya Jalabi (@rayajalabi) January 29, 2017
One Syrian woman was reportedly about to be sent back to her home country when the ruling came down—and was promptly taken off the flight by Customs and Border Protection agents.
Woman w/ green card, held at US airport then put on plane “back to Syria” per ACLU. Stay means CBP now taking her off just before take off
— Raya Jalabi (@rayajalabi) January 29, 2017
Wofsy, the ACLU lawyer, said he planned to stay at San Francisco International Airport on Saturday night to make sure those who are detained there are not removed in violation of the judge’s order.
“This executive order runs contrary to really our most fundamental constitutional rights and human values in this country,” Wofsy said. “These individuals, many of whom have green cards and have lived here for many years, can’t just be put on a plane and shipped off.”
You can read the judge’s full order here:
And the ACLU’s original complaint below:
This is a developing story. We’ll update as more news comes in.
