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https://www.chicagotribune.com/news/nationworld/ct-trump-travel-ban-emergency-stay-20170128-story.html
By Jerry Markon, Emma Brown, Katherine Shaver
The Washington Post
A federal judge in New York blocked deportations nationwide late Saturday of those detained on entry to the United States after an executive order from President Donald Trump targeted citizens from seven predominantly Muslim countries.
Judge Ann Donnelly of the U.S. District Court in Brooklyn granted a request from the American Civil Liberties Union to stop the deportations after determining that the risk of injury to those detained by being returned to their home countries necessitated the decision.
Minutes after the judge's ruling in New York, another came in Virginia when U.S. District Judge Leonie Brinkema issued a temporary restraining order to block for seven days the removal of any green-card holders being detained at Dulles International Airport. Brinkema's action also ordered that lawyers have access to those held there because of the ban.
Trump's order reverberated across the world Saturday, making it increasingly clear that the measure he had promised during his presidential campaign was casting a wider net than even his opponents had feared.
Confusion and concern among immigrant advocates mounted throughout the day as travelers from the Middle East were detained at U.S. airports or sent home. A lawsuit filed on behalf of two Iraqi men challenged Trump's executive action, which was signed Friday and initially cast as applying to refugees and migrants.
But as the day progressed, administration officials confirmed that the sweeping order also targeted U.S. legal residents from the named countries - green-card holders - who were abroad when it was signed. Also subject to being barred entry into the United States are dual nationals, or people born in one of the seven countries who hold passports even from U.S. allies, such as the United Kingdom.
The virtually unprecedented measures triggered harsh reactions from not only Democrats and others who typically advocate for immigrants but also key sectors of the U.S. business community. Leading technology companies recalled scores of overseas employees and sharply criticized the president. Legal experts forecast a wave of litigation over the order, calling it unconstitutional. Canada announced it would accept asylum applications from U.S. green-card holders.
Yet Trump, who centered his campaign in part on his vow to crack down on illegal immigrants and impose what became known as his "Muslim ban,'' was unbowed. As White House officials insisted that the measure strengthens national security, the president stood squarely behind it.
"It's not a Muslim ban, but we were totally prepared," Trump told reporters in the Oval Office. "You see it at the airports, you see it all over. It's working out very nicely, and we're going to have a very, very strict ban, and we're going to have extreme vetting, which we should have had in this country for many years."
In New York, Donnelly seemed to have little patience for the government's arguments, which focused heavily on the fact that the two defendants named in the lawsuit had already been released.
Donnelly noted that those detained were suffering mostly from the bad fortune of traveling while the ban went into effect. "Our own government presumably approved their entry to the country," she said at one point, noting that, had it been two days prior, those detained would have been granted admission without question.
During the hearing, ACLU attorney Lee Gelernt informed the court that he had received word of a deportation to Syria, scheduled within the hour. That prompted Donnelly to ask if the government could assure that the person would not suffer irreparable harm. Receiving no such assurance, she granted the stay to the broad group included in the ACLU's request.
A senior Department of Homeland Security official had no comment about the rulings late Saturday and said the department was consulting with its lawyers.
The official said enforcement of the president's order on Saturday had created minimal disruption, given that only a small number of the several hundred thousand travelers arriving at U.S. airports daily had been affected.
Nationwide, he said, 109 people had been denied entry into the United States. All had been in transit when Trump signed the order, and some had already departed the United States on flights by late Saturday while others were still being detained awaiting flights. Also, 173 people had not been allowed to board U.S.-bound planes at foreign airports.
The official said that officers doing case-by-case reviews had granted 81 waivers so far to green-card holders.
DHS began implementing the president's order immediately after he signed it, according to the official. He declined to say whether the department had an operational plan ready at that time.
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