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gateway pundit – Liberal Judge Blocks Order From Trump
Judge Who Blocked Trump’s Order Was Nominated By OBAMA On Recommendation Of CHUCK SCHUMER
Ryan Saavedra Jan 28th, 2017 10:03 pm Leave a Comment
Liberal Judge Blocks Order From Trump
On Saturday night, The Gateway Pundit reported that a liberal New York Judge, Judge Ann Donnelly, issued an emergency stay Saturday night that temporarily blocks the United States government form sending people out of the country after they have landed.
From Fox News:
The order barred U.S. border agents from removing anyone who arrived in the U.S. with a valid 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.
Judge Ann Donnelly was nominated by former President Barack Obama on the recommendation from Chuck Schumer.
From The Brooklyn Eagle – January 25, 2016 :
Donnelly was nominated to be a federal judge by President Barack Obama on the recommendation of Sen. Charles Schumer. On Friday, she had the oath of office administered to her by Chief Judge Carol Bagley Amon, and Judge Pamela K. Chen bestowed the ceremonial gavel to her as the newest judge in the court.
“We are indebted to Sen. Schumer for recommending Ann Donnelly and all of the other outstanding recent appointments,” Bagley Amon said. “She takes the seat vacated by Sandra Townes when Judge Towns took senior status — seat No. 10, created in 1978.”
Obama’s District Judge Ann Donnelly Has Issued a Stay Against Trump Ban on Immigration from 7 Nations #MAGA #TrumpTrain #AmericaFirst #Dobbs
http://www.thegatewaypundit.com/2017/01/judge-blocked-trumps-order-nominated-barack-obama-advice-chuck-schumer/
zero hedge – Federal Judge Grants Partial Block Of Trump Immigration Order
Symbolic war broke out between the Judicial and Executive branches shortly before 9pm on Saturday evening, when federal judge Ann Donnelly in the Eastern District of New York in Brooklyn issued an emergency stay halting Trump’s executive order banning immigrants from seven mostly Muslim nations entering the US, and temporarily letting people who landed in U.S. with valid visa to remain on US territory, saying removing the refugees could cause “irreparable harm”.
[…]The court’s ruling was in response to a petition filed on Saturday morning by the ACLU on behalf of the two Iraqi men who were initially detained at JFK International Airport on Friday night after Trump’s ban, and were subsequently granted entry into the US.
[…]However, while some media reports present the court ruling as a wholesale victory over Trump’s order, the stay only covers the airport detainees and those currently in transit, and it does not change the ban going forward.
[…]In summary, the state of affairs as of this moment is that the executive order is now frozen for the next few days, until the case can be briefed. The court has ruled that no one who is currently being held can be sent back to their country of origin, but it remains unclear if they will be released is unclear.
Judge Donnelly has ordered the federal government to provide a list of all people currently held in detention. Where the stay falls short is that according to the ACLU’s lawyer, there still can be no new arrivals from countries under the ban, but the ACLU and other organizations are working to file additional suits to roll back other portions of the order.
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A detailed read of Judge Donnelly’s ruling, per Josh Blackman, reveals that the order states that petitioners have shown a “strong likelihood of success” and that their removal would violate the Due Process and Equal Protection clause, and cause irreparable injury. (Note, this order only applies to those already in the country, and thus protected by the Constitution; the same analysis does not apply to those outside the United States).
As a result, the court issues what is effectively a nationwide stay, enjoining all of the named respondents, including President Trump, Secretary Kelly, and the acting director of the CBP, from the “commission of further acts and misconduct in violation of the Constitution as described in the Emergency Motion for Stay of Removal.”
The key part is what they are enjoined from doing:
ENJOINED AND RESTRAINED from, in any manner or by any means, removing individuals with refugee applications approved by U.S. Citizenship and Immigration Services as part of the U.S. Refugee Admissions Program, holders of valid immigrant and non-immigrant visas, and other individuals from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen, legally authorized to enter the United States.
Further, the court orders the Marshal for the Eastern District of New York to “take those actions deemed necessary to enforce the provisions and prohibitions set forth in this Order.”
What will disappoint civil rights advocates, is that this opinion only affects the small number of people who were in-transit when the order was issued, and arrived after it went into effect. The Constitution attaches to their status, and they cannot be held in violation of the Due Process Clause. The same analysis does not apply to aliens outside the United States.
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We now look forward to Trump’s reaction to this act of defiance by a US Court which has partially – and painfully – voided his most controversial executive order to date, and whether the Supreme Court will be forced to opine on this most divisive of topics in the coming days. If anything, the risk to the latter may accelerate the prompt appointment of a conservative SCOTUS judge to fill the vacant Scalia spot.
http://www.zerohedge.com/news/2017-01-28/judge-grants-nationwide-stay-trump-executive-order-partially-blocking-immigration-ba
Czech President’s Spokesman: ‘Trump Protects His Country, Exactly What EU Elites Do Not Do’ (breitbart, Jan 28, 2017)
http://www.breitbart.com/london/2017/01/28/czech-presidents-spokesman-trump-protects-country-exactly-eu-elites-not/
“Ji?í Ov?á?ek, spokesman for Czech president Miloš Zeman, says that the U.S. is now an ally of the Slavic republic in the fight against mass immigration, contending that President Donald Trump is, unlike “EU elites”, concerned primarily “with the safety of his citizens”.
Ov?á?ek was defending the swift implementation of an executive order by the U.S. president on ‘Protecting the Nation from Terrorist Attacks by Foreign Nationals’, which temporarily prohibits all asylum seekers from entering the United States and indefinitely prohibits Syrian asylum seekers from entering the United States while a thorough review of the refugee vetting process is undertaken.
“Trump protects his country,” Ov?á?ek wrote in a tweet, “he’s concerned with the safety of his citizens. Exactly what EU elites do not do”…”