U.S. judges limit Trump immigration
order; some officials ignore rulings
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[January 30, 2017]
By Mica Rosenberg and Jonathan Stempel
(Reuters) - U.S. judges in at least five
states blocked federal authorities from enforcing President Donald
Trump's executive order restricting immigration from seven
Muslim-majority countries.
However, lawyers representing people covered by the order said some
authorities were unwilling on Sunday to follow the judges' rulings.
Judges in California, Massachusetts, Virginia and Washington state, each
home to international airports, issued their rulings after a similar
order was issued on Saturday night by U.S. District Judge Ann Donnelly
in New York's Brooklyn borough.
Donnelly had ruled in a lawsuit by two men from Iraq being held at John
F. Kennedy International Airport.
While none of the rulings struck down Friday's executive order by the
new Republican president, the growing number of them could complicate
the administration's effort to enforce it.
The rulings add to questions about the constitutionality of the order,
said Andrew Pincus, a Mayer Brown partner representing two Yemeni men
who were denied U.S. entry from an overseas flight despite being legal
permanent residents.

"People have gone through processes to obtain legal permanent resident
status, or visas," Pincus said. "There are serious questions about
whether those rights, which were created by statute, can be unilaterally
taken away without process."
Trump's order halted travel by people with passports from Iran, Iraq,
Libya, Somalia, Sudan, Syria and Yemen for 90 days, and stopped the
resettlement of refugees for 120 days.
He said these actions were needed "to protect the American people from
terrorist attacks by foreign nationals admitted to the United States."
The order sparked a global backlash, including from U.S. allies that
view the actions as discriminatory and divisive.
Attorneys general from California, New York, 13 other states and
Washington, D.C., meanwhile, in a statement condemned and pledged to
fight what they called Trump's "dangerous" and "unconstitutional" order.
The U.S. Department of Homeland Security on Sunday said it "will comply
with judicial orders," while enforcing Trump's order in a manner that
ensures those entering the United States "do not pose a threat to our
country or the American people."
SAFE, NOT SORRY
Striking that balance has caused confusion, according to lawyers who
worked overnight and on Sunday to help travelers at JFK Airport,
Washington Dulles International Airport in northern Virginia, and
elsewhere.
Immigration lawyer Sharifa Abbasi said some Border Patrol agents at
Dulles refused to let lawyers talk with detainees, even after being
shown an order from U.S. District Judge Leonie Brinkema requiring such
access.
Abbasi said the agents instead told the lawyers to call their agency's
office, where no one was answering.

"There is really no method to this madness," Becca Heller, director of
the New York-based International Refugee Assistance Project
organization, told reporters on a conference call.
Supporters of Trump's order said authorities acted properly in swiftly
taking steps to enforce it.
"It is better (to) be safe than sorry," said Jessica Vaughan, director
of policy studies at the conservative Center for Immigration Studies in
Washington.
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Activists gather at the US Capitol to protest President Donald
Trump's executive actions on immigration in Washington January 29,
2017. REUTERS/Aaron P. Bernstein

Lawsuits on behalf of more than 100 individual travelers have been
filed nationwide, activists and lawyers estimated.
Some have come from large corporate firms including Mayer Brown,
Kirkland & Ellis, and Cleary Gottlieb Steen & Hamilton.
CURBS ON TRUMP'S ORDER
In Boston, U.S. District Judge Allison Burroughs on Sunday
temporarily blocked the removal of two Iranians who have taught at
the University of Massachusetts, and had been detained at the city's
Logan International Airport.
Burroughs' ruling appeared to go further than Donnelly's by barring
the detention, as well as the removal, of approved refugees, visa
holders and permanent U.S. residents entering from the seven
countries. Donnelly's order forbade only removal.
Matthew Segal, legal director of the American Civil Liberties Union
of Massachusetts, in a statement called Burroughs' ruling "a huge
victory for justice" in the face of what he called Trump's
"unconstitutional ban on Muslims."
The U.S. Constitution's First Amendment guarantees the free exercise
of religion. Trump's order sought to prioritize refugees fleeing
religious persecution, which the president said was aimed at helping
Christians in Syria.
Burroughs' ruling also prompted some Trump critics to urge holders
of green cards, which allow foreign nationals to live and work
permanently in the United States, to fly into Boston, to lessen the
risk of detainment.
White House Chief of Staff Reince Priebus said several times on
NBC's "Meet the Press" that Trump's order does not affect green card
holders "moving forward" or "going forward."

In a ruling on Sunday, U.S. District Judge Dolly Gee in Los Angeles
directed the return to the United States of Ali Khoshbakhti
Vayeghan, who authorities had sent back to his native Iran following
Trump's order.
The ruling from Brinkema, in Alexandria, Virginia, barred the
Homeland Security agency from removing an estimated 50 to 60 legal
permanent residents who had been detained at Dulles.
In Seattle, U.S. District Judge Thomas Zilly barred the government
from removing two people, who were not named in court papers. He
scheduled a Feb. 3 hearing on whether to lift that stay.
(Reporting by Nate Raymond and Mica Rosenberg and Jonathan Stempel
in New York; Additional reporting by Andrew Chung, Dan Levine and
Yeganeh Torbati; Editing by Jonathan Oatis and Mary Milliken)
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