The American Civil Liberties Union, formerly known by being open Communists, petitioned the federal court for the Eastern District of New York for an emergency stay that would halt President Donald Trump’s executive order which would ban entry to the US from seven majority-Muslim nations. Now, they are claiming that US Customs agents are ignoring the judge’s order and following Trump’s order. Could it be that they are following both?
The New York Post reports:
The ACLU is getting “multiple reports” that federal customs agents are siding with President Trump — and willfully ignoring a Brooklyn federal judge’s demand that travelers from seven Muslim countries not be deported from the nation’s airports.
“The court’s order could not be clearer… they need to comply with the order,” Omar Jadwat, director of the ACLU’s Immigrants Rights project, told The Post late Saturday.
“It’s enough to be a serious concern,” Jadwat said of the reports.
Jadwat and other ACLU lawyers had earlier Saturday night won an emergency stay of Trump’s deportation order from Brooklyn Federal Judge Ann Donnelly.
Josh Blackman rightly analyzed Judge Ann Donnelly’s emergency motion for stay of removal.
The order states that petitioners have shown a “strong likelihood of success” and that their removal would violate the Due Process and Equal Protection clause, and cause irreparable injury. (Note, this order only applies to those already in the country, and thus protected by the Constitution; the same analysis does not apply to those outside the United States).
As a result, the court issues what is effectively a nationwide stay, enjoining all of the named respondents, including President Trump, Secretary Kelly, and the acting director of the CBP, from the “commission of further acts and misconduct in violation of the Constitution as described in the Emergency Motion for Stay of Removal.”
The critical part is what they are enjoined from doing:
ENJOINED AND RESTRAINED from, in any manner or by any means, removing individuals with refugee applications approved by U.S. Citizenship and Immigration Services as part of the U.S. Refugee Admissions Program, holders of valid immigrant and non-immigrant visas, and other individuals from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen, legally authorized to enter the United States.
Further, the court orders the Marshal for the Eastern District of New York to “take those actions deemed necessary to enforce the provisions and prohibitions set forth in this Order.”
This opinion, though, only affects the small number of people who were in-transit when the order was issued, and arrived after it went into effect. The Constitution attaches to their status, and they cannot be held in violation of the Due Process Clause. The same analysis does not apply to aliens outside the United States.
According to FOX News, “Twelve refugees were detained at JFK Airport within hours of Trump’s order restricting immigration from seven majority-Muslim nations — but two were released later in the day — as hundreds of protesters continued to amass at the busy airport throughout the day and into the evening.”
From the looks of the protesters, they seem to be the usual liberal suspects who get paid to show up to protest. I mean, how do “hundreds of protesters” just converge at an airport to protest within hours? Perhaps this is just another George Soros flash mob.
So, the question is, are Customs agents following the judge’s orders and Donald Trump‘s order together or are they ignoring one in favor of the other. It appears that the Customs is actually following both orders at this point.