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Topic: Federal judge Detroit overturns ban

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untanglingwebs
El Supremo

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTICT OF MICHIGAN SOUTHERN DIVISION ARAB AMERICAN CIVIL RIGHTS LEAGUE, et al., Plaintiffs, Case No. 17-10310 Honorable Victoria A. Roberts v. DONALD TRUMP, et al., Defendants. ______________________________/
ORDER REGARDING PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER [Doc. 5]
On January 27, 2017, President Donald Trump issued an Executive Order titled, “Protecting the Nation From Foreign Terrorist Entry Into the United States.” Among other things, this Executive Order affects travel to and from the United States of lawful permanent residents and other non-citizens from seven designated countries. On February 2, 2017, Plaintiffs filed an
ex parte
motion for temporary restraining order. [Doc. 5]. Ultimately, they seek a permanent injunction that “prohibits the denial of entry into the United States of legal permanent residents and those with valid immigrant visas on the basis of [the] January 27, 2017 Executive Order.” Four of the named Plaintiffs are lawful permanent residents. The remaining Plaintiffs are an immigrant who was issued a visa to enter the United States as a lawful permanent resident; a United States citizen whose nine-year-old son was denied a visa to join his family in the United States; and the Arab American Civil Rights League, whose members have been adversely affected by the Executive Order. These Plaintiffs seek relief that is not addressed in this order.
2:17-cv-10310-VAR-SDD Doc # 8 Filed 02/02/17 Pg 1 of 2 Pg ID 69


Last edited by untanglingwebs on Sat Feb 04, 2017 2:00 pm; edited 1 time in total
Post Fri Feb 03, 2017 9:11 am 
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untanglingwebs
El Supremo

2

Upon the filing of the motion for temporary restraining order, the Court held a telephone conference. Attending were Nabih Ayad, Kassem Dakhlallah, and Ali Hammoud for Plaintiffs, and Gisela Westwater, Briana Yuh, and Adrian Pander for Defendants. During the call, counsel for Defendants pointed out that the White House issued a memorandum on February 1, 2017, which clarifies that the Executive Order does not apply to lawful permanent resident of the United States. After the hearing, Defendants filed the memorandum setting forth the clarification. [
See
Docs. 7, 7-1]. Based on this clarification, the Court orders that the United States is
PERMANENTLY ENJOINED
from applying Sections 3(c) and 3(e) of the January 27, 2017 Executive Order against lawful permanent residents of the United States. This injunction applies to Plaintiffs Samir Almasmari, Sabah Almasmary, Hana Almasmari, and Mounira Atik, as well as all other lawful permanent residents of the United States who are similarly situated. After additional briefing, the Court will rule on the temporary restraining order request of the remaining Plaintiffs.
IT IS ORDERED
.

S/Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: February 2,
Post Fri Feb 03, 2017 9:15 am 
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untanglingwebs
El Supremo

A US district judge in Detroit has issued an order temporarily restraining the Trump administration from carrying out some immigration restrictions in a presidential executive ...
Detroit federal judge orders halt on President Trump's immigration ban
Detroit federal judge orders halt on President Trump's immigration ban
WXYZ-TV Detroit1 hour ago

...
Post Fri Feb 03, 2017 9:22 am 
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untanglingwebs
El Supremo

DETROIT (WWJ) – A federal judge in Detroit has clarified an executive order from President Donald Trump as it relates to immigration restrictions from seven mostly Muslim countries.

U.S. District Judge Victoria Roberts issued the order Friday on behalf of the Arab-American Civil Rights League, re-affirming that the travel ban does not apply to lawful permanent residents of the United States, including those with green cards.

Click here to read the motion (.pdf format)

Additional briefings and a hearing on the matter are expected to continue next week.

The Arab-American Civil Rights League filed the lawsuit Tuesday, arguing that Trump’s executive action temporarily banning refugees and immigrants is unconstitutional and targets immigrant communities. It represents about a half-dozen legal, permanent residents, some of whom have been turned away from U.S.-bound planes.

Trump’s executive order temporarily suspends the entire U.S. refugee program, indefinitely bans all those from war-ravaged Syria, and temporarily freezes immigration from Iraq, Iran, Sudan, Libya, Somalia and Yemen — all countries with majority-Muslim populations. Thousands have demonstrated at airports nationwide since Trump issued the order last Friday.

Stay with WWJ Newsradio 950 and CBSDetroit.com for the latest.
Post Fri Feb 03, 2017 9:31 am 
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untanglingwebs
El Supremo

New immigration ban lawsuit: ‘Trump does not trump the Constitution’
February 1, 2017 1:02 AM
By Tresa Baldas / Detroit Free Press

DETROIT — President Donald Trump’s immigration ban has triggered yet another lawsuit, this one filed in federal court in Detroit on behalf of several Muslim green card holders who are trapped overseas, including a 9-year-old boy who was denied a visa to join family in the U.S.

The lead plaintiff in the lawsuit is the Arab American Civil Rights League, which is challenging the constitutionality of Trump’s travel ban on behalf of five Muslims who are attempting to fly back to the U.S. and have been denied a flight or face “a real and immediate threat” of not being allowed to travel to Detroit.

At issue is Trump’s executive order, which temporarily bans travel to the U.S. from seven Muslim-majority countries and halts Syrian refugees from coming here indefinitely. The lawsuit alleges the order is unconstitutional in that it discriminates against Muslims and green card holders who have a legal right to be here.

“As lawful permanent residents of the United States, plaintiffs are attempting to come to the United States to be with their family. They have been left in limbo while being denied the ability to travel to the Untied States for no reason other than the discriminatory and unconstitutional (executive order),” the lawsuit states.

At a news conference Tuesday afternoon in front of the federal courthouse in downtown Detroit, a coalition of civil rights groups, elected officials and lawyers announced their support for the lawsuit and vowed to fight Trump’s order until, as one woman stated: “everyone who needs to be here and should be here is here.”

“Donald Trump does not trump the Constitution … it does not work that way,” said attorney Nabih Ayad, the lead lawyer representing the plaintiffs in the case. “What Donald Trump has shown us today — in the last week — is he’s going to take action on the rhetoric that he has addressed. And we will not stand for it. We are going to continue to resist — to resist, resist, resist.”

The lawsuit’s plaintiffs include:

• Samir Almasmari, a permanent resident of the U.S. since March of 2015 who lives in Wayne County and is a citizen of Yemen. Following Trump’s executive order, he was trying to return to the U.S. from Yemen but was denied boarding a flight in Egypt to return to the U.S.

• Abubaker Abbass is an American citizen. He lives in Wayne County and has a 9-year-old son who is a citizen of Yemen and was denied a visa to join his family in the U.S. Both the father and son are now trapped in Yemen, unable to return.

• Walid Jammoul was issued a visa on Jan. 22 to enter the U.S. as a permanent resident. He is married to an American who lives in Wayne County but is a citizen of Syria — which is on Trump’s banned-country list — and “has a real and immediate threat” of not being allowed to travel to Detroit.

• Sabah Almasmary has been a permanent resident of the U.S. since 2004 and lives in Wayne County. Her husband is an American citizen and she has seven children who are all U.S. citizens. She traveled to Yemen to visit her family and fears she has “a real and immediate threat” of not being permitted to travel to Detroit.

• Hana Almashmari is a permanent resident of the U.S. Her husband is an American citizen. She is a citizen of Yemen and has a “real and immediate threat” of not being permitted to travel to Detroit.

The lawsuit argues that Trump’s executive order unfairly targets and hurts Muslims and cites recent comments that Trump has made to press stating “that his order would help Christian refugees to enter the United States.”

“The (executive order) exhibits hostility to a specific religious faith, Islam, and gives preference to other religious faiths, principally Christianity,” the lawsuit states. “Defendants have demonstrated an intent to discriminate against plaintiffs on the basis of religion through repeated public statements that make clear that the (executive order) was designed to prohibit the entry of Muslims to the Untied States.”

Outside the downtown federal courthouse Tuesday, several local leaders gathered to show support for the plaintiffs, including Wayne County Executive Warren Evans, who said Trump’s order puts an undue burden on local law enforcement.

“What this executive order does is create an imposition on us to be involved in immigration and deportation issues, which is not what local law enforcement does,” Evans said, stressing: “First of all, it’s not our job … Second of all, we can’t do the job we’re already reduced in terms of manpower to do.”

Beydoun said his group plans to add many others to the lawsuit as Trump’s ban plays out.

“They have loved ones trapped overseas and refugees who have been waiting for years are being denied access,” said Beydoun, who believes the U.S. should be at the forefront of the refugee crisis. “We are supposed to be the beacon … What (Trump) is doing is inhumane. It’s unjust. We should be taking more.”

The lawsuit, which is before U.S. District Judge Victoria Roberts, seeks an immediate stay of Trump’s order denying Muslims the ability to enter the U.S. It also wants Roberts to issue in an injunction ordering the defendants not to detain or stop any individual solely on the basis of the executive order and to declare Trump’s order as unconstitutional.
Post Fri Feb 03, 2017 9:35 am 
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