Judge Oversteps Authority?
Dirty politics and old loyalties at play here? Guess who appointed Ann Donnelly, the judge who just blocked part of Trump’s refugee halt? You guessed it. Obama.
US District Judge Ann Donnelly in New York issued the emergency order after, lawyers for the American Civil Liberties Union filed a court petition on behalf of people from seven predominantly Muslim nations, who were detained at airports across the country as the ban took effect.
Judge Oversteps Authority?
The federal judge in Brooklyn, New York issued an emergency stay on Saturday that temporarily blocks the U.S. government from sending people out of the country after they have landed at a U.S. airport with valid visas.
The order barred U.S. border agents from removing anyone who arrived in the U.S. with a svalid visa from Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen. It also covered anyone with an approved refugee application. The Department of Homeland Security said that more than 170 people were denied entry to the U.S. as of Saturday night, according to Reuters.
The ruling by Judge Ann Donnelly of the U.S. District Court for the Eastern District of New York came during a hearing called after President Donald Trump issued an executive order blocking people from seven Muslim-majority from entering the United States and putting a temporary halt to refugee admissions.
Twelve refugees were detained at JFK Airport within hours of Trump’s order restricting immigration from seven majority-Muslim nations — but two were released later in the day — as hundreds of protesters continued to amass at the busy airport throughout the day and into the evening.
Federal Judge Oversteps Authority?
I Still don’t understand how a federal judge can overturn all or part of a President executive Order.
The judge is wrong in this case. She does not have jurisdiction nor authority to block a Presidential order that deals with immigration and possible, national security issues. Her order will be overturned in the next 48 hours I am sure. Another activist judge overstepping herself. Also, these groups with ties to Muslim brotherhood and Soros need to be reeled in ASAP.
The judge’s order affected only a portion of Trump’s executive action. As the decision was announced, cheers broke out in crowds of demonstrators who had gathered at American airports and outside the Brooklyn courthouse where the ruling was issued.
The order barred US border agents from removing anyone who arrived in the US with a valid visa from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen. It also covered anyone with an approved refugee application.
It was unclear how quickly the judge’s order might affect people in detention, or whether it would allow others to resume flying.
Under Trump’s order, it had appeared that an untold number of foreign-born US residents now traveling outside the US could be stuck overseas for at least 90 days even though they held permanent residency “green cards” or other visas. However, an official with the Department of Homeland Security said Saturday night that no green-card holders from the seven countries cited in Trump’s order had been prevented from entering the US.
Some foreign nationals who were allowed to board flights before the order was signed Friday had been detained at US airports, told they were no longer welcome. The DHS official who briefed reporters by phone said 109 people who were in transit on airplanes had been denied entry and 173 had not been allowed to get on their planes overseas.
In her three-page order, Donnelly wrote that without the stay “there will be substantial and irreparable injury to refugees, visa-holders and other individuals from nations subject to the Jan. 27, 2017, executive order.”
The exact number of those affected is unclear, but the judge ordered the government to provide lists of all those detained at US airports since the measure went into effect.
Trump billed his sweeping executive order as a necessary step to stop “radical Islamic terrorists” from coming to the U.S. It included a 90-day ban on travel to the US by citizens of Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen and a 120-day suspension of the US refugee program.
Trump’s order singled out Syrians for the most aggressive ban, indefinitely blocking entry for anyone from that country, including those fleeing civil war.
As a candidate, Trump pledged to temporarily ban Muslims from coming to the US, then said he would implement “extreme vetting” for people from countries with significant terror concerns. He told reporters Saturday the order is “not a Muslim ban.”
“It’s working out very nicely,” Trump said of the implementation of his order. “We’re going to have a very, very strict ban and we’re going to have extreme vetting, which we should have had in this country for many years.”
The order sparked protests at several of the nation’s international airports, including New York’s Kennedy and Chicago’s O’Hare and facilities in Minneapolis and Dallas-Forth Worth. In San Francisco, hundreds blocked the street outside the arrival area of the international terminal. Several dozens demonstrated at the airport in Portland, Oregon, briefly disrupting light rail service while hoisting signs that read “Portland Coffee Is From Yemen” and chanting anti-Trump slogans.
Two of the first people blocked from entering the United States were Iraqis with links to the US military. Hameed Khalid Darweesh and Haider Sameer Abdulkhaleq Alshawi were detained by immigration officials after landing at New York’s Kennedy airport Friday night. Both had been released by Saturday night after their lawyers intervened.
The government can exempt foreign nationals from the ban if their entry is deemed in the national interest. But it was not immediately clear how that exemption might be applied.
Diplomats from the seven countries singled out by Trump’s order would still be allowed into the US.
Those already in the US with a visa or green card would be allowed to stay, according to the official, who wasn’t authorized to publicly discuss the details of how Trump’s order was being put in place and spoke only on condition of anonymity.
Trump’s order also directed US officials to review information as needed to fully vet foreigners asking to come to the US and draft a list of countries that don’t provide that information. That left open the possibility that citizens of other countries could also face a travel ban.
The US may still admit refugees on a case-by-case basis during the freeze, and the government would continue to process requests from people claiming religious persecution, “provided that the religion of the individual is a minority religion in the individual’s country.”
Trump on Friday issued an executive order that includes a 120-day suspension of the U.S. refugee program and a 90-day ban on travel to the United States by citizens of Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen.
Trump’s order drew support from some Republican lawmakers who have urged more security measures for the refugee vetting program, particularly for those from Syria.
“We are a compassionate nation and a country of immigrants. But as we know, terrorists are dead set on using our immigration and refugee programs as a Trojan Horse to attack us,” House Homeland Security Committee Chairman Michael McCaul said in a statement Friday. “With the stroke of a pen, he is doing more to shut down terrorist pathways into this country than the last administration did in eight years.”
It is unclear how many people would be immediately impacted by the non-refugee travel ban. According to the statistics maintained by the Homeland Security Department, about 17,000 students from the seven designated countries were allowed into the U.S. for the 2015-2016 school year. In 2015 more than 86,000 people from those countries arrived in the US on other, non-immigrant visas and more than 52,000 others became legal permanent residents.
Last year the US resettled 85,000 people displaced by war, political oppression, hunger and religious prejudice, including more than 12,000 Syrians. Before leaving office President Barack Obama announced that the U.S. would accept 110,000 refugees in the coming year, but Trump’s order cut that by more than half to 50,000.
Saturday at New York’s John. F. Kennedy International Airport and other airports across the country — where dozens of refugees or people with green cards were detained or stopped for additional vetting.
Top White House officials late Saturday and early Sunday rushed to defend the program and pointed out that President Obama identified the seven countries from which immigration has been banned.
“These are countries that have a history of training, harboring, exporting terrorists,” Kellyanne Conway, counselor to the president, said twice on “Fox News Sunday.”
White House Chief of Staff Reince Priebus said on NBC’s “Meet the Press” that 75 to 80 percent of Americans agree with the policy change, amid terror attacks in the United States and elsewhere around the world in which the perpetrators have been linked to such countries.
“We don’t want people that are traveling back and forth to one of these seven countries that harbor terrorists to be traveling freely back and forth between the United States and those countries,” Priebus said.
Senate Majority Leader Chuck Schumer, at a press conference, vowed to fight the executive order “with every fiber of my being.”
The New York lawmaker also argued that Trump’s order was “unconstitutional” and vowed Senate Democrats would try, in the GOP-controlled Congress, to reverse the order. Don’t think that’s gonna happen.
Folks, pass this info on…….
Judge Ann M. Donnelly,
This is the judge who just stayed/blocked the executive order and made your family’s a little less safe…pass it on.
Judge Ann M. Donnelly
United States District Court Judge for the Eastern District of New York
Born 1959 in Royal Oak, MI
Federal Judicial Service:
Judge, U.S. District Court, Eastern District of New York
Nominated by Barack Obama on January 7, 2015, to a seat vacated by Sandra L. Townes. Confirmed by the Senate on October 20, 2015, and received commission, on October 21, 2015.
University of Michigan, B.A., 1981
Ohio State University College of Law, J.D., 1984
New York County [New York] District Attorney’s Office, 1984-2009; assistant district attorney, 1984-1997; senior trial counsel, 1997-2005; bureau chief, Family Violence Child Abuse Bureau, 2005-2009
Judge, New York State Court of Claims, 2009-2015; Supreme Court of Bronx County [New York], criminal term, 2009-2013; Special Term for Election Matters, 2013; Supreme Court of Kings County [New York], criminal term, 2013-2014; Supreme Court of New York County [New York], criminal term, 2014-2015
Fellow, American College of Trial Lawyers
Chambers (718) 613-2220
Courtroom Deputy (718) 613-2222
Fax (718) 613-2226
225 Cadman Plaza East
Brooklyn, New York 11201
Telephone: (718) 613-2220
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