Enforcement – Page 260 – immigrationcourtside.com

WashPost: The Fix: Trump Threatens Third Branch!

https://www.washingtonpost.com/news/the-fix/wp/2017/02/08/president-trump-is-not-so-subtly-threatening-the-american-court-system/?hpid=hp_rhp-top-table-main_trumphearing-1230pm:homepage/story&utm_term=.889ea4d1df98

Aaron Blake writes in the Washington Post:

“In a speech to law enforcement officials, Feb. 8, President Trump read federal law giving broad him broad authority to set immigration restrictions, adding, “a bad high school student would understand this.” (The Washington Post)

The 9th Circuit Court of Appeals is now weighing what to do with President Trump’s travel ban. And Trump did his best Wednesday to put his finger on the scales of justice.

Continuing a highly unusual days-long effort by a president, Trump issued a stark warning to the three-judge panel and, really, the entire court system: Run afoul of me, and you may just pay a price.

In a speech in front of law enforcement in Washington, Trump suggested to the three-judge panel that they would marginalize themselves politically if they decide the wrong way. Trump has said similar things about the judge who previously halted his travel ban — albeit after the decision had come down.

The comments were oblique, but Trump’s point was crystal clear.

“If these judges wanted to help the court in terms of respect for the court, they’d do what they should be doing,” Trump said, in a comment thick with subtext. “It’s so sad.”

He added: “I don’t ever want to call a court biased, so I won’t call it biased. But courts seem to be so political, and it would be so great for our justice system if they would read [the law] and do what’s right.”

If that isn’t a threat to marshal support against the American court system and fight it politically, I’m not sure what is. Trump is basically saying: That’s a nice reputation you’ve got there. It’d be a shame if something happened to it.”

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So, if this is the contemptuous and disrespectful way Trump treats the Article III Courts, what does that say about the chances for fairness and due process in the U.S. Immigration Court System, where all the U.S. Immigration Judges and the Appellate Immigration Judges on the Board of Immigration Appeals work directly for Trump’s friend and enthusiastic supporter, Attorney General Jeff Sessions, a well-established “immigration hard liner” who is reputed to be the “inspiration” behind Trump’s immigration enforcement program.

How long will an Immigration Judge who rules in favor of an individual who is one of Trump’s “removal priorities” or an Appellate Immigration Judge who speaks out in favor of due process in the face of Trump’s “move ’em all out” Executive Orders remain on the bench. Not long, I suspect. Is Attorney General Jeff Sessions really going to stand up for and protect a conscientious Immigration Judge who in good faith attempts to follow the law even when it conflicts with Trump’s edicts? Not likely.

The only question probably will be whether Article III Judges will stand up to Trump’s bullying and excesses and force Constitutional due process back into the system after Trump and Sessions drain it out. So far, the Article III Judiciary seems to be almost as unfazed by Trump’s bulling and threats as, say, the cast of SNL. But, it’s early in the game. And even Article III Judges eventually might find that they have to pick their fights. Will the due process rights of foreign nationals be one of them? Only time will tell. Stay tuned.

PWS

02/08/17

Summaries Of 9th Cir. Travel Ban OA & Judicial Bios From WSJ

https://www.wsj.com/articles/donald-trumps-immigration-action-in-courts-hands-1486491207

DEVLIN BARRETT, BRENT KENDALL and ARUNA VISWANATHA report in today’s WSJ:

“An appeals court pressed a Justice Department lawyer Tuesday on whether President Donald Trump’s executive order on immigration is discriminatory, while also pushing an attorney for the two states fighting the order to explain how it could be unconstitutional to bar entry of people from terror-prone countries, the Justice Department lawyer arguing on behalf of the administration, urged the appeals court to remove a lower-court injunction on the order, arguing that the court shouldn’t second-guess the president’s judgment when it came to a question of national security.

The executive order, Mr. Flentje told a three-judge panel of the San Francisco-based Ninth U.S. Circuit Court of Appeals, struck a balance between security concerns and the practice of allowing people to enter the country.

“The president struck that balance, and the district court’s order has upset that balance,” he said. “This is a traditional national security judgment that is assigned to the political branches and the president and the court’s order immediately altered that.’’

The oral arguments on whether to reinstate some, all, or none of President Donald Trump’s executive order on immigration represented a crucial test in the fast-moving legal battle over White House efforts to restrict entry into the U.S. The Jan. 27 order suspended U.S. entry for visitors from seven predominantly Muslim countries for at least 90 days, froze the entire U.S. refugee program for four months and indefinitely banned refugees from Syria. The administration argues the action was needed to keep terrorists from domestic soil.

The president weighed in on Twitter on Wednesday morning: “If the U.S. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled. Politics!”

The legal clash, which is also playing out in other courts around the country, represents a remarkable test of the powers of a new president determined to act quickly and aggressively to follow up on his campaign promises. Mr. Trump, who promised repeatedly on the campaign trail to tighten what he called lax immigration policies, issued his executive order a week after taking office, generating widespread protests as well as plaudits and setting off an immediate debate over the extent of executive branch authority.”

. . . .

The court isn’t making a final determination on the legality of Mr. Trump’s order for now. Instead, it must decide what immigration rules will be in effect during the coming months while court proceedings on the substance of the president’s restrictions continue.”

Read the WSJ’s bios of the three U.S. Court of Appeals Judges on the panel: Judge William C. Canby Jr., Judge Richard Clifton, Judge Michelle Friedland:

https://www.wsj.com/articles/three-federal-judges-will-decide-on-donald-trump-travel-ban-1486488393

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This one still seems “too close to call.” There are substantial arguments on both sides. Courts generally do not like to interfere with the authority of the President in the fields of immigration, national security and foreign policy. On the other hand, appellate courts are usually very reluctant to interfere with trial court proceedings at the very preliminary TRO stage. While this might eventually end up in the Supreme Court, as most commentators assume, I’m skeptical it will go there any time soon, given the Supreme’s current short-handed configuration.

PWS

02/08/17

WashPost Editorial: Refugees Belong In America — Anti-Refugee Scare Tactics, Not So Much!

https://www.washingtonpost.com/opinions/refugees-are-part-of-americas-fabric-and-its-promise/2017/02/06/c10179ba-ea59-11e6-80c2-30e57e57e05d_story.html

“AS THE Trump administration fought in court to revive its temporary ban on entry by refugees as well as travelers from seven majority-Muslim countries, the president persisted in perversely suggesting that the judicial branch will be responsible for any terrorist attack carried out by what he portrayed as the violent hordes clamoring to enter the country.

By conflating a dangerous fiction about immigrants with blatant disrespect for an equal branch of government, President Trump fans the xenophobic flames he did so much to ignite during the presidential campaign. “Just cannot believe a judge would put our country in such peril,” he tweeted over the weekend, after a ruling by U.S. District Judge James L. Robart in Seattle, who was nominated to the court by President George W. Bush. “If something happens blame him and court system. People pouring in. Bad!”

. . . .

Even if the courts uphold its actions, it is critical that the administration not use the inevitable imperfections of any vetting process as a pretext to ban refugees for more than the 120-day period covered by the Jan. 27 order. Already, Mr. Trump has slashed the current fiscal-year target for refugee admissions to 50,000, from 110,000.

That’s a trickle when measured against the United States’ traditional role as a beacon to those fleeing violence and tyranny, and against global demand. The United Nations counts some 16 million refugees (excluding Palestinians); more than half are children . By far the largest number, nearly 5 million , are Syrians, who are barred indefinitely under Mr. Trump’s order.

“These are not Jeffersonian democrats,” sneered Mr. Bannon, referring to Muslim immigrants who entered Europe. In 2015, he asked, “Why even let ’em in?”

Similar remarks were made a century ago about immigrants from Ireland, Italy, Germany and Eastern Europe, then widely seen as unschooled, unwashed and, often, violent. No one would ask now, “Why did we even let ’em in?”

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“Not Jeffersonian democrats,” Mr. Bannon? Says who? How would you know? Where have you dealt face to face with refugees?

In my “last previous incarnation,” I dealt with refugees from a wide variety of countries on a daily basis. Most of them were folks just like you or me. The just wanted a chance to live (rather than die, be imprisoned, beaten, or otherwise tortured), work, raise their families in safety and security, and contribute to our nation. Pretty much what all of us want, in my experience.

They also had a very keen appreciation of and deep respect for what American democracy and free political and intellectual participation meant — a much clearer understanding than I have ever heard from President Trump or Steve Bannon. Someone who has been imprisoned in squalid conditions, burned with cigarette butts, beaten on the bottoms of the feet, made to walk on their knees over hot sand, or seen family members abused has a much more practical, down to earth understanding of the privilege of living in the United States than most of us who had the good fortune (not merit, but pure good fortune) to be born here.

I wake up every morning thankful that I woke up and that I’m not a refugee (particularly in the Trump/Bannon world).

PWS

02/07/17

Here’s How Torture “Works” — Does President Trump Really Want The U.S. To Follow The Lead Of The World’s Most Brutal Dictators?

https://www.washingtonpost.com/world/syria-has-secretly-executed-thousands-of-political-prisoners-rights-group/2017/02/06/e4a7f56a-ecc5-11e6-a100-fdaaf400369a_story.html

The Washington Post reports:

“The majority of those executed at Sednaya were political prisoners, including many of the ordinary people who joined in the peaceful protests against Assad, the report says. Some were rebels who took up arms, and others were officers and soldiers who defected from government forces. But for the most part they were “doctors, engineers, protesters,” one former prison official is quoted as saying. “They were somehow understood to be linked to the revolution. Sednaya is the place to finish the revolutionaries. It’s the end for them.”

The report describes in chilling detail how the prisoners were taken out of their cells in batches, of up to 50 at a time, twice a week and in the middle of the night, typically on Mondays and Wednesdays.
They were given only cursory trials lasting one to three minutes at one of two military field courts that offered no semblance of judicial process, with sentences typically handed down on the basis of confessions extracted under torture. When the time came for their executions, the prisoners were handcuffed, blindfolded and led to a basement cell containing 10 stands and 10 nooses.

A former judge from the military court described the executions, saying it would often take up to 10 to 15 minutes for the prisoners to die. “Some didn’t die because they are light. For the young ones, their weight wouldn’t kill them. The officers’ assistants would pull them down and break their necks. Two officers’ assistants were in charge of this.”

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Also submerged in the discussion of whether torture “works” — torture is illegal under both U.S. and international law. So much for the “rule of law.”

PWS

02/07/17

American Bar Association Adopts Resolution Opposing President Trump’s Executive Order On Visas & Refugees!

https://us.vocuspr.com/Publish/515903/vcsPRAsset_515903_132952_3a1e221c-3f7f-4046-8513-36015233ac7e_0.jpg
American Bar Association
Communications and Media Relations Division
www.americanbar.org/news

Release: Immediate

Contact: Karen DeWitt
Phone: 202-662-1502
Email: Karen.DeWitt@americanbar.org
Online: http://www.americanbar.org/news/abanews/aba-news-archives/2017/02/aba_urges_president.html

ABA urges President Trump to withdraw order restricting travel from seven Muslim-majority countries

MIAMI, Feb. 6, 2017 — The American Bar Association urged President Donald Trump today to withdraw the executive order “Protecting the Nation from Foreign Terrorist Entry into the United States,” which restricts immigration from seven Muslim-majority countries, suspends all refugee admission for 120 days and indefinitely suspends the entry of Syrian refugees.

By voice vote, the ABA House of Delegates, the association’s policy-making body, adopted resolution 10C calling on the executive branch to ensure full, prompt, and uniform compliance with court orders addressing the executive order.

The House––made up of 589 members representing state and local bar associations, ABA entities and ABA-affiliated organizations––also urged the administration to take care that all executive orders regarding border security, immigration enforcement and terrorism:

respect the bounds of the U.S. Constitution and due process rights;

not use religion or nationality as a basis for barring an otherwise eligible individual from admission to the United States;

adhere to the U.S.’s international law obligations relating to the status of refugees and to the principle of non-refoulement; and

facilitate a transparent, accessible, fair and efficient system of administering the immigration laws and policies of the United States and ensure protection for refugees, asylum seekers, torture victims and others deserving of humanitarian refuge;

In Resolution 10B, the House also reaffirmed the ABA’s support of legal protection for refugees, asylum seekers, torture victims, and others deserving of humanitarian refuge. It urged Congress to adopt additional legislation to appropriate funds for refugee applications and processing, and mandate that refugees receive an appropriate individualized assessment in a timely fashion that excludes national origin and religion as the basis for making such determination.

The association’s policy-making body discussion took place at the James L. Knight Center of the Hyatt Regency Miami. The session concluded the 2017 ABA Midyear Meeting, which began Feb. 1.

With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

If you would rather not receive future communications from American Bar Association, let us know by clicking here.
American Bar Association, 321 N Clark St, Chicago, IL 60654-7598 United States

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Thanks to my good friend Dan Kowalski over at Lexis Nexis for forwarding this to me.

PWS

02/07/17

Julia Preston (Retired From The NYT, Now At The Marshall Project) Explains Trump’s Immigration Executive Orders

https://www.themarshallproject.org/2017/02/03/decoding-trump-s-immigration-orders?utm_medium=social&utm_campaign=share-tools&utm_source=facebook&utm_content=post-top#.aYfs86zr3

“The refugee program was not the only part of the immigration system that sustained shocks this week from three executive orders by President Donald Trump. While the White House scrambled to contain the widening furor over his ban on refugees and immigrants from seven Muslim-majority countries, the administration was laying the groundwork for a vast expansion of the nation’s deportation system. How vast? Here’s a close reading of Trump’s orders:”

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Read Julia’s full analysis at the link.

Not to beat a dead horse, but it’s hard to resist. To show what a “parallel universe” executives at the EOIR live in, the article says that without the Trump priorities EOIR believes it could have begun to reduce the backlog with 330 Immigration Judges (they currently have 305, and approximately 370 are authorized). What!!!!

Math wasn’t my strong point, but let’s do some basics here. There are more than 530,000 currently pending cases in the U.S. Immigration Courts. An experienced fully trained, fully productive Immigration Judge (which none of the new Immigration Judges will be for several years, if then) can do a reasonable job on at best 750 cases per year. So, 330 fully trained Immigration Judges might be able to do approximately 250,000 cases per year without stomping on individuals’ due process rights. That’s barely enough to keep up with the normal (pre-Trump Administration) annual filings of new cases, let alone make realistic progress on a one half million backlog.

But, even that would be highly optimistic. The real minimum number of Immigration Judges needed to keep the system afloat and “guarantee fairness and due process for all,” even without the distorted Trump priorities, is 500 Immigration Judges as determined by the consensus of “outside-EOIR/DOJ management” observers. And, that’s not even considering that many of the best and most experienced Immigration Judges will be retiring over the next few years.

So, even without the Trump Executive Orders, EOIR executives were living in a dream world that had little relationship to what is happening at the “retail level” of the system, in the Immigration Courts. And, because none of the folks who sit in the EOIR HQ “Tower” in Falls Church, well intentioned as they might be, actually hear and decide cases in the Immigration Courts, the gap between reality and bureaucracy at EOIR is simply off the charts!

This system needs help, and it needs it fast! The DOJ and EOIR, as currently structured and operated, simply cannot solve the real problems of one of America’s largest, most important, most under-resourced, and most out off control court systems. Unless the Trump Administration and Congress can “get smart” in a hurry and pull together on legislation to get the Immigration Courts out of the DOJ and into an independent Article I structure, this system is heading for a monumental due process train wreck that could threaten to take the rest of the U.S. justice system along with it.

PWS

02/06/17

BREAKING: WashPost: 9th Circuit Schedules Oral Argument On Trump Administration’s Stay Request For Tomorrow (Tuesday, Feb. 7) AT 6 PM (EST)!

https://www.washingtonpost.com/world/national-security/opposition-to-trump-travel-ban-grows-as-key-court-decision-looms/2017/02/06/d766ec7c-ec74-11e6-9662-6eedf1627882_story.html?hpid=hp_rhp-top-table-main_trumpban-1120am:homepage/story&utm_term=.c219ca3156ae

The Washington Post reports tonight:

“A federal appeals court will hear arguments Tuesday at 6 p.m. Eastern on whether to restore President Trump’s controversial immigration order, which a lower court judge has temporarily put on hold.

The scheduling of the hearing came as Justice Department lawyers on Monday made what is likely their final pitch to a federal appeals court to immediately restore President Trump’s controversial immigration order, while tech companies, law professors and former high-ranking national security officials joined a mushrooming legal campaign to keep the measure suspended.

“The Executive Order is a lawful exercise of the President’s authority over the entry of aliens into the United States and the admission of refugees,” Justice Department lawyers wrote.”

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According to NBC 4 News tonight, the DOJ also has a “Plan B” up its sleeve to present to the Ninth Circuit: limit the scope of Judge Robart’s TRO to those already in the U.S.

As I emphasized to my students at Georgetown Law, when dealing with asylum and immigration issues, “It’s always wise to have Plan B.”

For those who want to tune in to the oral argument tomorrow, it’s streaming live on the 9th Circuit’s website: https://www.ca9.uscourts.gov/

PWS

02/06/17

N. Rappaport In HuffPost: Visa Restrictions Under President Trump’s EO Might Expand!

http://www.huffingtonpost.com/entry/5894ed61e4b061551b3dfe64?timestamp=1486251772708

Nolan writes in HuffPost:

“Too much attention is being paid to a 90-day travel ban in President Donald Trump’s Executive Order Protecting the Nation From Foreign Terrorist Entry into the United States (Order). While it is a serious matter, the temporary suspension of admitting aliens from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen into the United States is just the tip of the iceberg. Other provisions in the Order may cause much more serious consequences.

Section 3(a) of the Order directs the Secretary of the Department of Homeland Security (DHS), in consultation with the Secretary of the Department of State (DOS) and the Director of National Intelligence, to determine what information is needed “from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.” This applies to all countries, not just the seven that are subject to the 90-day suspension.

Those officials have 30 days from the date of the Order to report their “determination of the information needed for adjudications and a list of countries that do not provide adequate information (emphasis supplied).”

Section 3(d) directs the Secretary of State to “request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification.” Section 3(e) explains the consequences of failing to comply with this request. Note that this also applies to all countries, not just the seven that are subject to the 90-day delay.

(e) After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, …) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs (emphasis supplied).
This is far more serious than the 90-day ban on immigration from the seven designated countries. With some exceptions, President Trump is going to stop immigration from every country in the world that refuses to provide the requested information. And this ban will continue until compliance occurs.”

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If this happens, there are likely to be more challenges, and more work for lawyers. Could President Trump turn out to be the best thing that has happened to the U.S. legal profession lately? Stay tuned.

PWS

02/05/17

Refugees Already Are Given “Extreme Vetting!”

https://www.washingtonpost.com/posteverything/wp/2017/02/01/refugees-are-already-vigorously-vetted-i-know-because-i-vetted-them/?utm_term=.56efba544468

Former U.S. Immigration Officer and refugee processor Natasha Hall writes in the Washington Post:

“This is what President Trump’s recent executive order has done. The order bans entry for citizens of seven countries for 90 days, suspends all refugee admissions for 120 days, halves the total number of refugees allowed into the United States this year and bars refugees from Syria indefinitely. It demands “a uniform screening standard and procedure,” “questions aimed at identifying fraudulent answers and malicious intent,” “a mechanism to ensure that the applicant is who the applicant claims to be” and “a mechanism to assess whether or not the applicant has the intent to commit criminal or terrorist acts.”

Whoever wrote this order is evidently not aware that these screenings, procedures and questions already exist.

During nearly four years as an immigration officer, I conducted in-person interviews with hundreds of refugees of 20 different nationalities in 10 countries. I saw countless refugees break down crying in my interview room because of the length and severity of the vetting process. From that experience and numerous security briefings, it’s clear that the authors of Trump’s order are unfamiliar with the U.S. immigration system, U.S. laws, international law and the security threats facing our nation. I can’t speak for all refugee and asylum officers, but I can say that those who have been working in immigration for years from opposite ends of the political spectrum are appalled by these new policies.”

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The current ruckus over “vetting” has led to many folks failing to appreciate the outstanding job that the much-maligned DHS, the State Department, The FBI, our NGO partners, U.S. Intelligence Agencies, and the Obama Administration, working together, did in keeping our country safe from foreign terrorist attacks.

PWS

02/05/17

BREAKING: 9TH CIR. Denies Gov’s Request For Immediate Stay Of Judge Robart’s Order, But Orders Expedited Briefing!

http://cdn.ca9.uscourts.gov/datastore/general/2017/02/05/17-35105.pdf

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

FILED

FEB 04 2017

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

STATE OF WASHINGTON; STATE OF MINNESOTA,

Plaintiffs-Appellees,

DONALD J. TRUMP, President of the United States; et al.,

Defendants-Appellants.

No. 17-35105

D.C. No. 2:17-cv-00141 Western District of Washington, Seattle

ORDER

Before: CANBY and FRIEDLAND, Circuit Judges.
The court has received appellants’ emergency motion (Docket Entry

No. 14). Appellants’ request for an immediate administrative stay pending full consideration of the emergency motion for a stay pending appeal is denied.

Appellees’ opposition to the emergency motion is due Sunday, February 5, 2017 at 11:59 p.m. PST. Appellants’ reply in support of the emergency motion is due Monday, February 6, 2017 at 3:00 p.m. PST.

MOATT

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Here’s what it means. The Government has appealed o the 9th Circuit Court of Appeals from Judge Robart’s TRO suspending enforcement of the Executive Order on visas and refugees. The Government requested an “immediate emergency stay” of the Judge’s TRO pending appeal. The 9th Circuit rejected the Government’s request for an “immediate” emergency stay (probably because it would have been “ex parte,” that is, without giving the other side a chance to respond).

However the 9th Circuit did order the State of Washington (and other parties opposing the stay) to file a response by noon today (Super Bowl Sunday), and also ordered the Government to respond to that filing by 3:00 PM tomorrow (Monday).

The 9th Circuit’s denial of the “immediate” emergency stay is not a “ruling on the merits” of the appeal or even the request for emergency stay. It just means that the 9th Circuit wanted additional information from both parties before deciding whether or not to grant the emergency stay pending appeal.

The Government’s request for emergency stay thus remains “alive” and could be granted (or denied) after the 9th Circuit has had a chance to review the legal arguments on both sides.

The reporting on this so far has been pretty confusing. Hope this helps straighten things out.

PWS

02/05/17

Watch/Listen To NBC-4’s Northern Virginia Bureau Chief Julie Carey Reporting On Judge Brinkema’s Order!

http://www.nbcwashington.com/news/local/Virginia-Joins-Lawsuit-Against-Immigration-Order_Washington-DC-412739303.html

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PWS

02/04/17

BREAKING: It Ain’t Over Till It’s Over: U.S. District Judge James L. Robart (W.D. WA) Issues Nationwide TRO Blocking Key Parts Of Trump’s EO On Visas & Refugees: State Of Washington v. Trump — Gov Will Appeal!

http://i2.cdn.turner.com/cnn/2017/images/02/03/state.of.washington.v.trump.pdf

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This is the issue that never sleeps. A copy of Judge Robart’s Order is at the link. Judge Robart is a George W. Bush appointee.

Here’s more on the TRO and the USG’s reaction from CNN:

http://www.cnn.com/2017/02/03/politics/federal-judge-temporarily-halts-trump-travel-ban-nationwide-ag-says/index.html

Haste makes waste.

PWS

02/04/17

BREAKING: CNN: Win For Trump Visa Order — US District Judge In Boston Declines To Extend TRO!

http://www.cnn.com/2017/02/03/politics/federal-judge-declines-to-renew-restraining-order-on-trump-travel-ban/index.html

“Washington (CNN)In the first court victory for the Trump administration, a federal judge in Boston declined Friday to renew a temporary restraining order that prohibited the detention or removal of foreign travelers legally authorized to come to the US.

The win in court comes at the same time that the administration issued a clarification to its travel order allowing for some citizens from the seven banned countries — Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen — to enter the US under specific circumstances.
The original temporary restraining order, issued by US District Court Judge Allison Burroughs and US Magistrate Judge Judith Dein, was put in place early Sunday morning and was set to expire on February 5.
But a different federal judge, US District Court Judge Nathaniel Gordon, ruled Friday that the claims brought by legal permanent residents are now moot given the White House counsel’s recent clarification that the travel ban order does not apply such individuals.”

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Read the full story at the link. Check the internet for updates and additional analysis as it becomes available.

PWS

02/03/17

BREAKING: Judge Brinkema (USDC, EDVA) Allows Virginia To Intervene In Challenge To Trump Visa Order — Slams Implementation — DOJ & DOS Differ (By A Mere 40,000) On Number Of Visas Revoked!

http://www.politico.com/story/2017/02/trump-travel-ban-virginia-234609

Politico reports:

“Brinkema was also harshly critical of the review and implementation of Trump’s order. “It’s quite clear not all the thinking went into it that should have gone into it,” she said. “As a result, there was chaos.”

During the hearing in federal court in Alexandria, Justice Department lawyer Erez Reuveni said that more than 100,000 visas were canceled as a result of Trump’s order last Friday limiting travel by residents of seven majority-Muslim countries, the Associated Press reported.

However, a State Department official told POLITICO later that the total number of visas canceled was fewer than 60,000. Some of those people are currently in the U.S. Their legal status here is not affected, but their visas will not be valid for re-entry if they travel out of the country, officials said.

. . . .

“At the court hearing, Brinkema said the alarm caused by Trump’s order was widespread. She said no case she has ever handled produced the level of public concern she observed in this one.

“It’s obvious that this put hundreds of thousands of people into a state of great discomfort,” the judge said. “People are really upset.”

Brinkema, an appointee of President Bill Clinton, commended the government for its effort to resolve issues raised by Trump’s order, but said more needs to be done.

“I don’t think it’s far enough,” she said as she ruled to keep the case before her alive.

“There’s no question the president of the United States has almost—almost unfettered “ power over foreign policy and border issues, but “this is not ‘no limit,’” the judge said.

Brinkema said individuals and families had “relied” on decisions made to grant visas. She has not ruled on the merits of the case, but she suggested the government could not reverse course in specific immigration cases without a legitimate reason to do so.”

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Hey, 100,000? 60,000? 40,000 difference? — close enough for Government work. BTW, Judge Brinkema has handled a major terrorist prosecution. So, she actually knows what real terrorism and national security are all about.

Once again, “haste makes waste!”

PWS

02/03/17

HuffPost: 100,000 Visas Revoked Under Trump Order!

http://www.huffingtonpost.com/entry/trump-ban-revoked-visas_us_5894b9b9e4b09bd304bb126f?lfqs7aziux8suzyqfr&

Elise Foley Reports on HuffPost:

“WASHINGTON ― The Trump administration provisionally revoked 100,000 visas as part of its ban on travelers from seven Muslim-majority countries, a government lawyer said in court on Friday.

The revelation caused shockwaves on Twitter, but the State Department actually confirmed earlier this week that it had provisionally revoked most visas held by people from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.

State Department officials said later Friday that fewer than 60,000 individuals’ visas were provisionally revoked as a result of the order. “To put that number in context, we issued over 11 million immigrant and non-immigrant visas in fiscal year 2015,” a spokesman for the State Department’s Bureau of Consular Affairs told The Huffington Post.

The Justice Department did not immediately respond to a request for comment on the discrepancy in numbers.”

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As I’ve noted before, to date lawyers have been the only real beneficiaries of the Trump immigration orders.

PWS

01/03/17

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