Politics The ACLU took Trump to court over his Muslim refugee and immigrant ban — and won

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SlyPokerDog

SlyPokerDog

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The American Civil Liberties Union took the Trump administration to federal court Saturday night over its new restrictions on immigrants and refugees coming to the U.S. — a policy many have linked to President Donald Trump's promised Muslim ban.

After about an hour of arguments in a New York City court, a judge granted a stay barring U.S. officials from deporting those detainees in airports who have legal documents allowing them into the U.S. The ACLU announced its victory over Twitter.





The civil rights group sued the president, the Department of Homeland Security and Customs and Border Patrol on behalf of Hameed Khalid Darweesh and Haider Sameer Abdulkhaleq Alshawi, two Iraqis who were detained by authorities at a New York City airport Friday evening.

"Because the executive order is unlawful as applied to [the] petitioners, their continued detention based solely on the executive order violates their Fifth Amendment procedural and substantive due process rights," ACLU lawyers wrote in a court petition filed Saturday.

The ACLU was granted a hearing in U.S. District Court in Brooklyn, New York, Reuters reported. The civil rights advocacy group said it was seeking an emergency stay to block deportation of people stranded in U.S. airports nationwide because of Trump's executive order.

https://mic.com/articles/166984/the...ium=identities&utm_campaign=social#.9aB8umwdi
 
Trump Has Suspended Due Process for Muslims in America. This Is a Constitutional Crisis.

The United States government is certain that Haider Sameer Abdulkhaleq Alshawi does not pose a security threat to the country. That’s why it granted Alshawi, an Iraqi, a visa to come to America and join his wife and children, who had already fled and resettled in Texas. (In Iraq, Alshawi’s family members were victims of an attempted kidnapping and a car bombing because Alshawi’s wife worked for a U.S. contractor.) On Friday, Alshawi boarded a flight to New York’s JFK International Airport. While he was in the air, Donald Trump signed an executive order prohibiting Iraqi refugees from entering the country. When Alshawi’s plane landed, reports the New York Times, agents from Customs and Border Protection boarded it and took him into custody. They prohibited Alshawi from contacting his attorneys, who were waiting for him at the airport. The attorneys asked a CBP agent who they should speak to in order to help their client.

http://www.slate.com/blogs/the_slatest/2017/01/28/trump_has_suspended_due_process_for_muslims.html
 
There are serious constitutional problems with Trump’s executive order as a whole, including its preference for one particular religion (Christianity) and its denigration of another (Islam). The courts will debate these questions over the coming months. But for Alshawi and others like him, there is a more immediate concern: a complete and total lack of due process. As a chilling American Civil Liberties Union lawsuit filed Saturday demonstrates, Trump’s executive order has led to the flagrantly unconstitutional detention of perfectly legal immigrants whose lone crime is their national origin and religion. It is not just morally wrong. It is illegal.

The Fifth Amendment to the Constitution provides basic procedural guarantees to individuals detained in the U.S., prohibiting the government from depriving individuals of liberty without “due process of law.” Alshawi arrived in the country lawfully carrying the requisite documentation. Pursuant to the Immigration and Nationality Act, he now has a right to apply for asylum and have his claims processed by federal authorities. But the government did not do that. Instead, it instantly placed him in detention, without a hearing or any kind of judicial oversight, and barred him from speaking with his attorneys.

That is an unconstitutional deprivation of Alshawi’s liberty without due process of law. The federal government cannot indefinitely detain a lawful visitor without a hearing or any semblance of reasonable suspicion because the president signed an executive order. Nor, under the equal protection component of the amendment’s Due Process Clause, may the government discriminate against Alshawi because of his national origin or religion. Yet federal officers are currently ignoring these fundamental constitutional principles. And the entire illegal system is the handiwork of one man—Trump—acting far beyond the bounds of his executive authority. His is a government of men, not of laws, and it apparently has no compunction about locking up perceived enemies based solely on their identity. The very concept of due process emerged from a desire to limit the king’s ability to order unlawful arrests. It appears we are returning to the days when the head of state can detain purported threats without a whiff of evidence that they have broken a law.

http://www.slate.com/blogs/the_slatest/2017/01/28/trump_has_suspended_due_process_for_muslims.html
 


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I don't favor this policy by Trump. He did say it's for 90 days, but who knows?

Patriot Act, indeed.

For accuracy sake:

https://www.nytimes.com/2017/01/28/...llenges-to-trumps-immigration-order.html?_r=0

Judge Blocks Part of Trump’s Immigration Order

WASHINGTON — A federal judge blocked part of President Trump’s executive order on immigration on Saturday evening, ordering that refugees and others trapped at airports across the United States should not be sent back to their home countries. But the judge stopped short of letting them into the country or issuing a broader ruling on the constitutionality of Mr. Trump’s actions.
 
Denny Crane said:
I don't favor this policy by Trump. He did say it's for 90 days, but who knows?

Patriot Act, indeed.

For accuracy sake:

https://www.nytimes.com/2017/01/28/...llenges-to-trumps-immigration-order.html?_r=0

Judge Blocks Part of Trump’s Immigration Order

WASHINGTON — A federal judge blocked part of President Trump’s executive order on immigration on Saturday evening, ordering that refugees and others trapped at airports across the United States should not be sent back to their home countries. But the judge stopped short of letting them into the country or issuing a broader ruling on the constitutionality of Mr. Trump’s actions.
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Which news source is being deceptive?

Your source, and the title of this thread.

The ACLU got a judge to hit the pause button. The fate of anyone detained is limbo, which isn't right, either.

ACLU didn't win.
 
Getting the impression that Trump does not have anyone to help guide him in his first political job. Someone that has his back.

Heck, at this point, I am not sure the secret service even has his back.

Trump looks very lonely in the white house.
 
Denny Crane said:
Which news source is being deceptive?

Your source, and the title of this thread.

The ACLU got a judge to hit the pause button. The fate of anyone detained is limbo, which isn't right, either.

ACLU didn't win.
Click to expand...

They did for their clients.
 
oldfisherman said:
Getting the impression that Trump does not have anyone to help guide him in his first political job. Someone that has his back.

Heck, at this point, I am not sure the secret service even has his back.

Trump looks very lonely in the white house.
Click to expand...

He's doing something so shocking each day so you forget what he did the day before.
 
Gosh that was a sad story. Just one heart string tug and then another. Well by Monday I imagine the traffic will cease, and those are targeted by the bans won't travel. It will get sorted out.
Sort of reminds me of an Austrian employee some years back. We never could get him off the no-fly list. He was not the guy "they"(who ever) put on, just had the same name.
 
NBC is reporting that the document was not reviewed by DHS, the Justice Department, the State Department, or the Department of Defense, and that National Security Council lawyers were prevented from evaluating it. Moreover, the New York Times writes that Customs and Border Protection and U.S. Citizen and Immigration Services, the agencies tasked with carrying out the policy, were only given a briefing call while Trump was actually signing the order itself. Yesterday, the Department of Justice gave a “no comment” when asked whether the Office of Legal Counsel had reviewed Trump’s executive orders—including the order at hand. (OLC normally reviews every executive order.)

This order reads to me, frankly, as though it was not reviewed by competent counsel at all....

https://lawfareblog.com/malevolence...horrifying-executive-order-refugees-and-visas
 
In the broader sense, however, it is most emphatically not good news to have a White House that just makes decisions with no serious thought or interagency input into what those decisions might mean. In fact, it’s really dangerous.

Let’s start with the malevolence of the document, which Amira Mikhail summarized and Adham Sahloul analyzed earlier today. I don’t use the word “malevolence” here lightly. As readers of my work know, I believe in strong counterterrorism powers. I defend non-criminal detention. I’ve got no problem with drone strikes. I’m positively enthusiastic about American surveillance policies. I was much less offended than others were by the CIA’s interrogations in the years after September 11. I have defended military commissions.

Some of these policies were effective; some were not. Some worked out better than others. And I don’t mean to relitigate any of those questions here. My sole point is that all of these policies were conceptualized and designed and implemented by people who were earnestly trying to protect the country from very real threats. And the policies were, to a one, proximately related to important goals in the effort. While some of these policies proved tragically misguided and caused great harm to innocent people, none of them was designed or intended to be cruel to vulnerable, concededly innocent people. Even the CIA’s interrogation program, after all, was deployed against people the agency believed (mostly correctly) to be senior terrorists of the most dangerous sort and to garner information from them that would prevent attacks.

I actually cannot say that about Trump’s new executive order—and neither can anyone else.

https://lawfareblog.com/malevolence...horrifying-executive-order-refugees-and-visas
 
Glad thats its halted for now. This was not well thought out or implemented by our government and its shocking how badly the ball dropped on his one.
 
I said I wouldn't come back here, but I'm going to give it a try. This is for Denny.......

On a lighter note, what do you think about Luol Deng and Thon Maker and how this ties into their situation? They would not be able to go play against the Raptors for fear of not being able to return.

And on a serious more sad note, today I saw that a woman who is a scientist I believe was trying to get to Harvard University to try and basically help save the lives of other human beings...... was declined entrance.

Screen Shot 2017-01-29 at 12.04.54 AM.png

Denny, this is beyond unreal if you ask me. I don't know you personally, but you don't agree with what is happening right? I'm not talking about as a conservative or liberal.....a republican or democrat..... I'm talking about a living,breathing, human being with a brain, heart and common sense and decency.

Educated or not, open minded or not, stories like this and all the other I saw today about how familes would be affected by this.... that doesn't make you think twice about whether this man should be in control of our lives and represent us and you.

Does this make you and your family feel safer?

I'm sure I will get blasted for even asking these questions, but this just makes me want to hold my wife and kids that much tighter. I can honestly tell you that moves like this scare me.

At what point or what will it take this (I refuse to type his name or call him a man) person to do for you to stop supporting him? What line will he have to cross? It just seems like we are slipping back in time and that frightens me. If you think I'm out of line for asking you this, I'm sorry. I just have lost all respect for so many on here seeing their replies. I understand people wanting change and you voted for him, but you can't tell me that you all have this much hate for other human beings no matter where they come from in your heart. I would never teach my children to treat people differently because of where they are from or who they pray to.

Thanks for your time.
 

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And somebody please correct me because like I've said on here before, I never watch the news and am not up to date on all things politics, BUT didn't the majority of the terrorists involved in 9/11 come from Saudi Arabia? If you're gonna block threats, shouldn't you block the right ones? Set me straight on this if you must.
 
HCP said:
I said I wouldn't come back here, but I'm going to give it a try. This is for Denny.......

On a lighter note, what do you think about Luol Deng and Thon Maker and how this ties into their situation? They would not be able to go play against the Raptors for fear of not being able to return.

And on a serious more sad note, today I saw that a woman who is a scientist I believe was trying to get to Harvard University to try and basically help save the lives of other human beings...... was declined entrance.

View attachment 12221

Denny, this is beyond unreal if you ask me. I don't know you personally, but you don't agree with what is happening right? I'm not talking about as a conservative or liberal.....a republican or democrat..... I'm talking about a living,breathing, human being with a brain, heart and common sense and decency.

Educated to not, open minded or not, stories like this and all the other I saw today about how familes would be affected by this.... that doesn't make you think twice about whether this man should be in control of our lives and represent us and you.

Does this make you and your family feel safer?

I'm sure I will get blasted for even asking these questions, but this just makes me want to hold my wife and kids that much tighter. I can honestly tell you that moves like this scare me.

At what point or what will it take this (I refuse to type his name or call him a man) person to do for you to stop supporting him? What line will he have to cross? It just seems like we are slipping back in time and that frightens me. If you think I'm out of line for asking you this, I'm sorry. I just have lost all respect for so many on here seeing their replies. I understand people wanting change and you voted for him, but you can't tell me that you all have this much hate for other human beings no matter where they come from in your heart. I would never teach my children to treat people differently because of where they are from or who they pray to.

Thanks for your time.
Click to expand...

I like this HCP and wish he would post more.


I hope you don't get blasted either, the last time you posted in the OT section it got ugly when all you did was ask questions.

As far as what you're asking, I can only hope that this causes all to continue to ask what we expect of us, our country and our democracy. It appears this will move to a constitutional argument and these are always good to have.
 
HCP said:
And somebody please correct me because like I've said on here before, I never watch the news and am not up to date on all things politics, BUT didn't the majority of the terrorists involved in 9/11 come from Saudi Arabia? If you're gonna block threats, shouldn't you block the right ones? Set me straight on this if you must.
Click to expand...

Yes, majority came from SA. We have major business and military interests in SA so no neither party is interested in jeopardizing them. I find that wrong but many don't.
 
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