Jaji wa mahakama Jijini Newyork marekani watunishiana msuri na Rais Trump.soma zaid

Jaji wa mahakama jijini Newyork
ametupilia mbali pingamizi la Rais Donald
Trump la kuzuia wananchi wenye visa
ama wakimbizi walioruhusiwa kuingia
Marekani kabla hajatia sahihi sheria mpya
ya kuzuia wahamiaji kutoka nchi saba za
kiislam.
Hili ndio pigo kubwa la kwanza kwa Rais
huyo wa Marekani ambaye amesaini
sheria nyingi tata kwa muda wa wiki
moja.
==========
A federal judge granted an emergency
stay Saturday night for citizens of seven
Muslim-majority countries who have
already arrived in the US and those who
are in transit, and who hold valid visas,
ruling they cannot be removed from the
US -- a decision that halts President
Donald Trump's executive order barring
citizens from those countries from
entering the US for the next 90 days.
"The petitioners have a strong likelihood
of success in establishing that the
removal of the petitioner and other
similarly situated violates their due
process and equal protection guaranteed
by the United States Constitution," US
District Judge Ann Donnelly wrote in her
decision.
"There is imminent danger that, absent
the stay of removal, there will be
substantial and irreparable injury to
refugees, visa-holders, and other
individuals from nations subject to the
January 27, 2017, Executive Order," the
ruling said.
The United States denied entry to 109
travelers heading to the country at the
time the ruling was signed, a Department
of Homeland Security official said. The
agency would not say how many of the
109 were sent already home and how
many were detained..
The ACLU argued Saturday evening in a
federal court in New York for a
nationwide stay that would block the
deportation of all people stranded in US
airports under what the group called
"President Trump's new Muslim ban."
Trump: Travel ban working out very nicely
trump speaks on executive order travel
ban nr_00001307
The civil rights group is representing
dozens of travelers held at John F.
Kennedy International Airport Friday and
Saturday, including two Iraqis with ties to
the US military who had been granted
visas to enter the United States.
The ruling does not necessarily mean the
people being held at airports across the
US are going to be released, said Zachary
Manfredi, from Yale's Worker and
Immigrant Rights Advocacy Clinic, who
helped draft the emergency stay motion.
"The judge's order is that they (lawful
visa/green card holders) not be removed
from the US -- it doesn't immediately
order that they be released from
detention," he told CNN.
"We are hoping that CBP (Customs and
Border Patrol), now that they no longer
have a reason to detain them, will release
them. But it is also possible they could
be transferred to (other) detention
facilities."
"We are getting the order to as many CBP
officers as possible right now," he added.
ACLU officials praised the judge's ruling.
"Clearly the judge understood the
possibility for irreparable harm to
hundreds of immigrants and lawful
visitors to this country," said ACLU
Executive Director Anthony D. Romero.
"Our courts today worked as they should
as bulwarks against government abuse or
unconstitutional policies and orders. On
week one, Donald Trump suffered his first
loss in court."
Lee Gelernt, deputy director of the ACLU's
Immigrants' Rights Project, who argued
the case, said the ruling "preserves the
status quo and ensures that people who
have been granted permission to be in
this country are not illegally removed off
U.S. soil."
Lawsuit is first challenge to executive
order
The class-action lawsuit is the first legal
challenge to Trump's controversial
executive order, which indefinitely
suspends admissions for Syrian refugees
and limits the flow of other refugees into
the United States by instituting what the
President has called "extreme vetting" of
immigrants.
The two Iraqis, Hameed Khalid Darweesh
and Haider Sameer Abdulkaleq Alshawi,
had been released by Saturday night. But
lawyers for other detained travelers said
in a court filing that "dozens and dozens"
of individuals remained held at JFK.
Similar legal actions were initiated in
other states before the ruling in New York
took effect.
A federal court in Washington state
issued a stay forbidding travelers being
detained there from being sent back to
their home country.
A federal court in Virginia has issued a
temporary restraining order saying several
dozen permanent residents returning from
trips abroad should have access to
lawyers while they are being detained at
Dulles International Airport and these
residents cannot be removed from the
United States for seven days.
Trump's order, signed Friday, bars travel
from seven Muslim-majority countries,
including Iraq, to the US for 90 days. It
also suspends the US Refugee
Admissions Program for 120 days until it
is reinstated "only for nationals of
countries for whom" members of Trump's
Cabinet deem can be properly vetted.
Released under special circumstances
According to court papers, both Darweesh
and Alshawi were legally allowed to come
into the US but were detained in
accordance with Trump's order.
Darweesh, who worked as an interpreter
for the US during the Iraq War, was
released from detention early Saturday
afternoon.
"America is the land of freedom," he told
reporters at the airport shortly after his
release. "America is the greatest nation."
A source with knowledge of the case
confirmed Darweesh will be allowed into
the US due to provisions in Trump's order
that allow the State and Homeland
Security departments to admit individuals
into the US on a case-by-case base for
certain reasons, including when the
person is already in transit and it would
cause undue hardship and would not
pose a threat to the security of the US.
The suit said Darweesh held a special
immigrant visa, which he was granted the
day of Trump's inauguration on January
20, due to his work for the US
government from 2003 to 2013.
Wife separated from husband after
Trump's ban
Trump order strands Iraq refugess damon
pkg_00000000
Wife separated from husband after
Trump's ban 03:11
Alshawi was released Saturday night,
according to his attorney, Mark Doss.
Rep. Nydia Velazquez, D-New York, who
had arrived at JFK by early Saturday
afternoon to try and secure the release of
the two Iraqis, railed against Trump's
order and pledged continued action.
"This should not happen in America,"
Velazquez said following Darweesh's
release. "One by one, street by street, if
we have to go to court, we will fight this
anyplace, anywhere."
'The executive order is unlawful'
The lawsuit said the US granted Alshawi a
visa earlier this month to meet with his
wife and son, whom the US already
granted refugee status for her association
with the US military.
The lawyers for the two men called for a
hearing because they maintain the
detention of people with valid visas is
illegal.
"Because the executive order is unlawful
as applied to petitioners, their continued
detention based solely on the executive
order violates their Fifth Amendment
procedural and substantive due process
rights," the lawyers argue in court papers.
The ban and its impact
134 million banned from US
What the ban says: The full text
What to know about the restrictions
Legal battle begins
The ban's Christian focus
A family's plight just got more
complicated
Bergen: Trump's big mistake
All of Trump's executive orders, memos
and proclamations
Comparing Trump to previous presidents
Court papers said Customs and Border
Protection authorities did not allow the
lawyers to meet with the men and told
them to try reaching Trump. Velázquez
and fellow New York Democratic Rep.
Jerrold Nadler said they attempted to
speak to Darweesh and Alshawi at JFK's
Terminal 4 earlier Saturday but were
denied.
"When Mr. Darweesh's attorneys
approached CBP requesting to speak with
Mr. Darweesh, CBP indicated that they
were not the ones to talk to about seeing
their client. When the attorneys asked,
'Who is the person to talk to?' the CBP
agents responded, 'Mr. President. Call
Mr. Trump,'" the court papers read.
Doss, an attorney with the International
Refugee Assistance Project, told CNN his
clients knew they had to get to the US as
soon as possible so they boarded the
first flight they could.
Iran to ban US citizens in response to
Trump's order
Iran on Trump's immigration order:
Reciprocal measures will be taken
The two men had been allowed to make
phone calls. They do not know each
other, and it is unclear if they were held
together or separately, or if they were
kept in a holding cell, according to Doss.
"Our courageous plaintiff and countless
others risked their lives helping US
service members in Iraq. Trump's order
puts those who have helped us in harm's
way by denying them the safe harbor they
have been promised in the United States,"
said Karen Tumlin, the legal director of
the NILC.
The lawsuit was earlier reported by The
New York Times.
Legality questioned
Trump's executive order, titled "Protection
Of The Nation From Foreign Terrorist
Entry Into The United States," makes good
on his longtime campaign promise to
tighten borders and halt certain refugees
from entering the United States.
The countries impacted are Iran, Iraq,
Syria, Sudan, Libya, Yemen and Somalia,
according to a White House official. It
also caps the total number of refugees
admitted into the United States during the
2017 fiscal year at 50,000, down more
than half from the current level of
110,000.
"I am establishing new vetting measures
to keep radical Islamic terrorists out of
the United States of America," Trump said
during the signing at the Pentagon. "We
don't want them here."
They were hoping to get to the US -- and
then Trump banned them
Trump immigration order: Families feel
the impact
But the order immediately raised
questions about its legal standing.
"What this order does is take people who
played by the rules who have been
rigorously vetted and slams the door of
the country in their face because of their
religion," said David Leopold, an
immigration attorney and the former
president of the American Immigration
Lawyers Association.
But Stephen Yale-Loehr, a professor of
immigration law practice at Cornell Law
School, said Trump's order may have
merit.
"The plaintiffs are alleging a variety of
reasons why they should not be detained
under the executive order. Their
arguments include the equal protection
clause of the Constitution and a provision
in the immigration law that prohibits
national origin discrimination," Yale-Loehr
said. "However, presidents have wide
discretion on immigration, because
immigration touches national sovereignty
and foreign relations. Courts tend to defer
to whatever a president declares on
immigration. I think the administration
could win."
An administration official told CNN if a
person has a valid visa to enter the US
but is a citizen of one of the seven
countries under the temporary travel ban,
then the person cannot come into the US.
If the person landed after the order was
signed Friday afternoon, then the person
would be detained and put back on a
flight to their country of citizenship.
Separately, Department of Homeland
Security officials acknowledged people
who were in the air would be detained
upon arrival and put back on a plane to
their home country. An official was not
able to provide numbers of how many
have already been detained.
Progressives outraged
Democrats and liberal-leaning groups
continued to denounce Trump's order
Saturday as racist.
"The first two refugees kept out of
America by President Trump's order are
Iraqis who helped US troops survive
during the war," Rep. Jim Cooper, D-
Tennessee, said on Twitter. "These men
risked their lives for years to keep our
troops safe. One was with the 101st
Airborne. This is no way to treat our
allies."
SOURCE: CNN