NY Daily News photo January 28, 2017
This is a weekend update regarding the Executive Order banning the entry into the U.S. of the citizens of seven Muslim countries: Iran, Iraq, Syria, Somalia, Sudan, Libya and Yemen, as well as suspending the US refugee program for at least four months.
This past Saturday, January 28, 2017, U.S. District Judge Ann M. Donnelly for the Eastern District of New York ordered a halt to any removal of refugees or others who hold valid visas to enter the United States, in response to a petition filed by the American Civil Liberties Union (ACLU). This is only a temporary order and not a final decision. The case was filed on behalf of two Iraqis detained at JFK Airport: Hameed Khalid Darweesh, an interpreter for the U.S. military who had saved countless U.S. service members’ lives, according to Brandon Friedman, a platoon leader in Iraq; and the other plaintiff, Haider Alshawi, a former employee of a U.S. contractor in Iraq, who was to join his wife. See, Darweesh v. Trump, 1:17-CV-00480 (AMD) (EDNY Jan. 28, 2017).
Shortly after, U.S. District Judge Leonie Brinkema, of Federal District Court in Virginia, issued a temporary restraining order for seven days to allow permanent residents detained at the airport to have access to their attorneys and to stay the removal of any permanent residents detained at Dulles International Airport. See, Aziz, et al., v. Trump, 1:17-CV-116 (LMB) (ED VA Jan. 28, 2017). It has been reported that CBP at Dulles International Airport was refusing to follow the order issued by the judicial branch, which is a violation of the US Constitution.
This Sunday morning, January 29, 2017, U.S. District Judge Burroughs of the District of Massachusetts, also issued a temporary restraining order, ordering DHS to return to the law and regulations prior to the issuance of the executive order. See, Tootkaboni and Louhghalam v. Trump, 17-CV-10154 (Dt. Of Mass Jan. 29, 2017). The plaintiffs in this case are both professors at University of Massachusetts, and were returning to the US from an academic conference in Paris. Both professors are also lawful permanent residents of the U.S.
It is reported that CBP at JFK Airport is now complying with the temporary restraining order.
There are reports that CBP at Los Angeles International Airport have tried to get lawful permanent residents from any of the seven countries to sign forms abandoning their permanent residency. Fortunately, those permanent residents who refused to sign are reported to have been released.
If you are a lawful permanent resident, absolutely do not allow CBP to coerce you into signing a form agreeing to abandon your permanent residency.
There are reports from London Heathrow Airport that airlines are still being told by US DHS that they are to continue complying with the Executive Order and are refusing to board passengers who are citizens of any of the listed countries. Most, but not all, of the airlines flying out of Heathrow to the U.S. are complying with the executive order and refusing to board specified passengers. On the other hand, those passengers who have dual nationality and are UK citizens were being boarded. However, there seems to be a general confusion on exactly what the policy is.
Please note, the above information about airport admissions is anecdotal and has not been verified.