Yesterday, a federal judge in New York issued an order requiring the government to release those people who were being held at various airports as a result of the new executive order issued by President Trump. That order temporarily bans entry to the USA by the citizens of six countries where terrorism is prevalent. The mainstream media is touting its issuance as a big loss for President Trump. Not really.
The judge's order only deals with those who were already on the way to the USA when the order was issued. In other words, someone who boarded a plane in Europe with proper papers for entry into the USA is not to be detained because the rules changed while they were in the air. Meanwhile, at the airports in Europe, Asia and Africa, people are no longer being allowed on board planes bound for the USA. The same is true of people who show up at the border with Mexico or Canada. It's important to understand that this is an order that affects at most a few hundred people who did everything required of them and gained permission to enter the USA. The judge said that they would be likely to gain entry after a hearing.
The real key here is to watch what happens next. I doubt that the feds will appeal from this order. There is no point to having a big fight over these few people. Further, it does seem fair that those who were in the air get to enter the USA.
I also expect that there will shortly be a clarification to the executive order President Trump issued that explains that those with green cards, in other words those who have already gotten permission in the past to be permanent residents of the USA, are NOT to be blocked by Trump's order. The order, by its terms, did not expressly deal with those with green cards. At the points of entry, however, the federal officers have been stopping those with green cards. That is a battle that the government is likely to lose in court and it is unclear if it is a battle that was ever intended to happen.
As far as the vast bulk of the people affected by the order, it will take a while before the matter is litigated. The court acted quickly yesterday because there were people being detained; that required immediate resolution. For the rest of the order, however, there is much less urgency. There will be time for the court to allow full briefing of the matter. It could be done on an expedited basis, but even then, we will likely see at least a week before the matter gets back before a court.
Remember, the ban on five of the six countries only lasts for 30 days. Most likely, by the time this whole thing is sorted out, the ban will be over. For the sixth country, Syria, the issue is generally the entrance of refugees. The matter of refugees is covered by special rules that give the president great power to decide who gets in and who does not. Trump's order for a three month delay there is likely to stand. (To be clear, the president also has great power when it comes to regular entry into the USA, but has essentially total control when it comes to refugees.)
The judge's order only deals with those who were already on the way to the USA when the order was issued. In other words, someone who boarded a plane in Europe with proper papers for entry into the USA is not to be detained because the rules changed while they were in the air. Meanwhile, at the airports in Europe, Asia and Africa, people are no longer being allowed on board planes bound for the USA. The same is true of people who show up at the border with Mexico or Canada. It's important to understand that this is an order that affects at most a few hundred people who did everything required of them and gained permission to enter the USA. The judge said that they would be likely to gain entry after a hearing.
The real key here is to watch what happens next. I doubt that the feds will appeal from this order. There is no point to having a big fight over these few people. Further, it does seem fair that those who were in the air get to enter the USA.
I also expect that there will shortly be a clarification to the executive order President Trump issued that explains that those with green cards, in other words those who have already gotten permission in the past to be permanent residents of the USA, are NOT to be blocked by Trump's order. The order, by its terms, did not expressly deal with those with green cards. At the points of entry, however, the federal officers have been stopping those with green cards. That is a battle that the government is likely to lose in court and it is unclear if it is a battle that was ever intended to happen.
As far as the vast bulk of the people affected by the order, it will take a while before the matter is litigated. The court acted quickly yesterday because there were people being detained; that required immediate resolution. For the rest of the order, however, there is much less urgency. There will be time for the court to allow full briefing of the matter. It could be done on an expedited basis, but even then, we will likely see at least a week before the matter gets back before a court.
Remember, the ban on five of the six countries only lasts for 30 days. Most likely, by the time this whole thing is sorted out, the ban will be over. For the sixth country, Syria, the issue is generally the entrance of refugees. The matter of refugees is covered by special rules that give the president great power to decide who gets in and who does not. Trump's order for a three month delay there is likely to stand. (To be clear, the president also has great power when it comes to regular entry into the USA, but has essentially total control when it comes to refugees.)
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