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Federal Court Grants Emergency Stay on Trump’s Controversial Immigration Ban

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An emergency stay on the president’s immigration ban has been granted by a federal court.

  • Those already landed in the United States and possessing a valid visa will be allowed to stay.

  • This stay is only effective on a temporary basis as the ban is clarified.

  • Although the stay is national, it does not cover refugees or people without visas.

A federal judge for the Eastern District of New York issued an emergency stay on President Donald Trump’s explosive, temporary ban on immigration and refugees Saturday evening.

After chaos and fury flared around the world in response to the new president’s unforgiving prohibition on the entrance into the United States by citizens from seven predominantly Muslim countries, a federal court ruled that on a temporary basis, anyone possession a green card or valid visa who has already landed in the country will be allowed to stay.

Law enforcement and airport authorities around the country were forced to interpret Trump’s executive order, titled “Protection Of The Nation From Foreign Terrorist Entry Into The United States,” on the fly — leaving hundreds of legal travelers stranded and facing potentially months of separation from their families.

For now, the federal court has cleared up — at least temporarily — some of the maddening chaos on the ban.

“The court ruled on a habeas corpus petition filed by the ACLU on behalf of Hameed Khalid Darweesh and Sameer Abdulkhaleq Alshawi, who were denied entry to the US upon landing at JFK airport in New York City and detained indefinitely by Customs and Border Patrol. Darweesh spent a decade working for the United States military in Iraq as an interpreter and engineer and had been granted an entry visa after background checks; Alshawi had been granted a visa in order to join his wife and son who are already permanent residents of the US after their similar service with the US military,” The Verge reports.

“The court specifically ruled on Darweesh and Alshawi’s petition; other similarly-situated people being detained and those in transit are covered by the ruling, which is only temporary. But the point of a stay is to preserve the status quo while a permanent ruling is made — something the judge specifically reminded the lawyers for the government in the courtroom. And as the tweet from the National Immigration Law Center’s Jackie Vimo indicates … the judge feels there is a likelihood of success on the merits for the case moving forward.”

Vimo tweeted, “4 factors have been met: Irreparable harm  established, likelihood of success on merits, no harm to govt.  Likelihood of class cert.”

Trump claims the travel and immigration order is not akin to a ‘Muslim ban’ he’d mentioned during the presidential campaign, but the ban immediately drew scorn from civil and human rights groups and castigation from the countries targeted by the ban.

As The Daily Haze reported just hours ago, “The countries impacted by Trump’s latest executive order are Iran, Iraq, Syria, Sudan, Libya, Yemen, and Somalia, which is odd since Trump used 9/11 as one of his main tipping points to push this executive order. The hijackers from 9/11 were said to be from Saudi Arabia, United Arab Emirates, Lebanon, and Egypt, yet none of these countries made Trump’s list.

“Another country that dodged the bullet is Pakistan, despite being known for aiding Osama Bin Laden, and still, to this day harboring some of the highest ranking members of the Taliban.”

This stay on the illogical ban, while a bit of welcome clarity for innocent travelers and immigrants caught in the chaotic aftermath, is only in place temporarily.

In the days to come, clarification will be of the utmost importance if law enforcement and the Transportation Security Administration is to enforce the measures Trump put forth consistently and, if it can be said, fairly.

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Claire Bernish is an independent journalist and activist who relentlessly criticizes censorship of the press and champions free speech. Her works have appeared on many alternative outlets, including TheFreeThoughtProject.com. To keep updated, follow Claire on Facebook or Twitter, and check The Daily Haze for more.

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