Late Saturday, a fedeal judge in Brooklyn
temporarily halted parts of President Donald Trump’s sweeping executive order that aimed to block the entry of Syrian refugees and impose a de facto ban on travelers coming from several Muslim-majority countries.
The American Civil Liberties Union, immigrants’ rights groups and refugee relief organizations
had filed the action in federal court Saturday morning on behalf of two Iraqi nationals who were detained at John F. Kennedy International Airport in New York City, asking for a declaration that the order is unconstitutional and requesting an injunction to prevent its implementation against other travelers who may be equally harmed.
“The petitioners have a strong likelihood of success in establishing that the removal of the petitioners and others similarly situated violates the rights to Due Process and Equal Protection guaranteed by the United States Constitution,” U.S. District Judge Ann Donnelly of the Eastern District of New York wrote in her
order.
The legal action named Trump in his official capacity as president, as well as the Department of Homeland Security and other high-ranking officials. Although temporary and subject to appeal, it represents the first constitutional setback faced by the new administration.
The immediate reading of Donnelly’s order left several interpretations. One view is that the ruling only applies to people currently being detained at airports and other ports of entry, as well as those stranded mid-travel. But other lawyers see it as far more sweeping, arguing that it applies to people who were entitled to enter the United States before the order was issued.
The ambiguous nature of the stay underscored the crazed process by which the order was implemented and litigated ― all within a span of a day. And it portends even more high-pitched court battles ahead.
This is a developing story and will be updated.