Hey, there! Log in / Register

Judge won't extend order against travel ban, at least at Logan Airport

UPDATE: A federal judge in Seattle issued a temporary ban on the executive order.

A federal judge this afternoon said the president has the right to bar people from other countries from entering the US and declined to extend a temporary restraining order against his ban on travel from seven predominantly Muslim countries.

US District Court Judge Nathaniel Gorton ruled that American constitutional rights don't extend to foreigners outside the US and that the law gives the president the ability to set entrance requirements for foreigners, so there's not much chance the plaintiffs can win a lawsuit.

Gorton acknowledged the potentially painful situation this might put some travelers and refugees in, but said the law simply is not on their side:

The rich immigrant history of the United States has long been a source of strength and pride in this country. The individual plaintiffs in this case provide particularly compelling examples of the value that immigrants add to our society. Conversely, the public interest in safety and security in this ever-more dangerous world is strong as well.

He added the case is now moot for the green-card holders who found themselves detained because they were released and because of "the government’s clarification that the EO will not be applied to lawful permanent residents."

Similar lawsuits and requests are pending in other federal district courts.

AttachmentSize
PDF icon Gorton's complete ruling80.01 KB

Ad:

Comments

in this ever-more dangerous world is strong as well

Take away the threat of nuclear annihilation, and the world has never been safer on par. There are threats and issues still needing tending to, but the facts are the facts. People are generally safer and have more access to liberty than at any point in human history.

up
Voting closed 0

The rich immigrant history of the United States has long been a source of strength and pride in this country. The individual plaintiffs in this case provide particularly compelling examples of the value that immigrants add to our society.

Like Senator Geary praising Italians.

up
Voting closed 0

To elaborate a bit, the ruling addresses the specific claim that the specific constitutional rights of equal protection, against discrimination in this case, and due process, are being infringed upon by the EO. It concludes that whereas aliens already in the U.S. have constitutionally protected rights, neither the act of entering the United States, nor possession of a visa, are rights protected by the Constitution.

"The decision to prevent aliens from entering the country is a 'fundamental sovereign attribute' realized through the legislative and executive branches that is 'largely immune from judicial control.'"

"There is no constitutionally protected interest in either obtaining or continuing to possess a visa."

"[T]he Due Process Clause safeguards all 'persons' in the United States, once an alien is in this country, that alien is entitled to Fifth Amendment protection."

up
Voting closed 0

Will fix when I get home and am not on my word-mangling phone. You're right - the judge was not saying people in the US don't have those rights, just that those rights don't extend to non-citizens in other countries.

up
Voting closed 0

A Federal judge in the State of Washington just upheld the stay for the entire US. Apparently the State of Minnesota joined in the same request.

Let's see if any other Federal judge weighs in.

So, anyone confused yet?

up
Voting closed 0

... but now, a different federal judge in Seattle has imposed another restraining order, and it applies nationwide.

up
Voting closed 0

Just to clarify, considering the double-negatives of executive orders and restraining orders of and against bans — the Seattle ruling has, for the moment, reopened the United States to lawful travelers from other lands.

It is but temporary though, and strong action from all Americans is necessary to preserve our beloved Liberty. At stake is not just freedom within our own United States, but human decency on planet Earth.

up
Voting closed 0

Do an image search for "der Spiegel" and "America First".

Trigger warning: graphic and gut churning.

up
Voting closed 0

Trigger warning: graphic and gut churning

      IMAGE(https://magazin.spiegel.de/EpubDelivery/image/title/SP/2017/6/300)

up
Voting closed 0

Ador...wait, no.

up
Voting closed 0

Send Obama a thank you card for crafting this up so our President Trump could just turn it into an Executive Order within days.

----------------
Taking this from another online place and posting part of it here
It's on reddit so you can go find it if you wish. Not my writing either. Just copypasta.
----------------

If you read the EO, you'll notice that it never once uses the words "Somalia...Iran...Yemen", etc. Rather it refers to a portion of the legislation that the EO is based on (Section 217(a)(12) of the INA).

It must do this, because EO's are technically instructions about how to enforcing existing law rather than new law being created.

When Trump assumed office, the legislation that his Executive Order was implementing had those 7 countries listed as areas of concern.

He would not be able to just say, for example, "217(a)(12) and Egypt." Of the 7 countries listed, 2 were initially put directly in the legislation by Congress and the remaining 5 were designated under the Obama Administration.

up
Voting closed 0

Jesus. Yes, Obama identified places of concern. No, the previous administration never banned all people from those countries, especially not those with green cards and previously issued visas. What it did was to slow new visas to refugees, and refugees only, from Iraq, following the arrest of those two guys in Bowling Green (you know, the masterminds behind the Bowling Green Massacre)

Banning everybody, including little kids with health problems, legal American residents, professors and the like, despite no evidence of an immediate threat, is all President Bannon's doing.

It's sort of like that botched raid that got an American serviceman and a number of civilians - including an 8-year-old American girl - killed. The Obama administration identified the target, then held off so Bannon and his Boy Donnie could do more intelligence gathering to make sure the mission made sense - and then they went ahead and did it without gathering any more intelligence.

up
Voting closed 0