UPDATE: As expected, the Department of Justice has filed an appeal. The court did not reinstate the ban immediately, and travelers can travel until at least Monday.
A federal judge in Seattle has halted the implementation of Trump’s infamous “Muslim Ban” Executive Orders, which banned refugees from all over the world and travelers from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. Ruling on a joint lawsuit brought by the states of Washington and Minnesota, Judge James Robart said that the states successfully demonstrated “that they face immediate and irreparable injury as a result of the signing and implementation of the Executive Order.” The two attorneys general, Bob Ferguson and Lori Swanson, argued the case. Judge Robart’s stay applies nationwide.
And then, just like in a real functioning democracy with respect for the rule of law, the Department of Homeland Security (DHS) issued a statement affirming their compliance with the ruling. Imagine that!
“In according with the judge’s ruling, DHS has suspended any and all actions implementing the affected sections of the Executive Order,” said the statement. “DHS personnel will resume inspection of travelers in accordance with standard policy and procedure.”
In addition, on a Friday conference call with some large American airlines, US Customs and Border Protection (CBP) said that it was “back to business as usual,” and the airlines could once again board passengers from the banned countries, as long as they had valid visas. The State Department also reinstated the visas that were “provisionally revoked” after Trump’s executive order–but only if those visas had not been physically stamped or marked as canceled. This means some affected travelers will still be banned from boarding.
In response to earlier decisions in Massachusetts and New York, DHS had previously issued disturbingly contradictory statements. The same statement promised that both “President Trump’s Executive Orders remain in place–prohibited travel will remain prohibited” and “The Department of Homeland Security will comply with judicial orders.” Rather obviously, both of those actions could not be undertaken at once, and the result was widespread confusion. Multiple officers continued to enforce Trump’s orders despite the court’s rulings. A constitutional crisis loomed, as the executive refused to respect the ruling of the judiciary.
This most recent statement, however, seems to acknowledge DHS’s constitutional obligations. Of course, it remains to be seen whether the officers who were previously flouting the law will continue to do so on the ground.
Trump, as usual, did not react well. In addition to promising that the Department of Justice will appeal the ruling, he fired off a string of ill-informed tweets, including the below.
The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!
— Donald J. Trump (@realDonaldTrump) February 4, 2017
Given Trump’s adamant defense of his orders, it is likely that the dispute will go all the way to the Supreme Court. Luckily, multiple states are also willing to fight just as hard for immigrants, permanent residents, and human decency.
(Via CNN and The Los Angeles Times; image via Shutterstock)
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