A federal court for New York’s Eastern District has issued an emergency stay regarding President Trump’s executive order banning immigrants from seven Muslim majority countries from entering the United States.
The court ruled on a suit filed by the ACLU on behalf of two Iraqi men, Hameed Khalid Darweesh and Sameer Abdulkhaleq Alshaw, who were detained at JFK airport Saturday as a result of the ban. Both men have now been allowed to enter the U.S.
From The Verge:
The court specifically ruled on Darweesh and Alshawi’s petition; the ACLU will have to include all other similarly-affected immigrants as part of a class action to have it apply more broadly. 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 goverment in the courtroom. And as the tweet from the National Immigration Law Center’s Jackie Vimo indicates above, there is a likelihood of class certification.
Stay is granted
— Dale Ho (@dale_e_ho) January 29, 2017
4 factors have been met: Irreparable harm established, likelihood of success on merits, no harm to govt. Likelihood of class cert.
— Jackie Vimo (@JackieVimo) January 29, 2017
This stay only covers the airport detainees/those in transit. It doesn't change ban going forward.
— Dara Lind (@DLind) January 29, 2017
On Friday, Trump signed an executive order that halted all immigration from Iraq, Iran, Libya, Somalia, Sudan, Yemen, and Syria. Protests surged at airports around the country in response to the ban.
As The Verge points out, the stay is only temporary and the Trump administration will likely argue to have the ban reinstated.
This is a developing story and we will update it ASAP.