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

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

 

I'm surprised I beat @Rastapopoulos with this news, lol.

 

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

 

There are a lot of conservatives who do not support this.

 

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.

 

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.

 

They did for their clients.

 

Weak sauce.

Patriot Act.

https://www.yahoo.com/tech/fbi-requ...may-overstepped-legal-005131778--finance.html

 

They did not. The clients are now indefinitely detained.