Sunday, December 24, 2017

Another Trial Court Level Win -- But A Good One -- For Refugees, Nationwide...


Yesterday, very late in the day, the very capable Judge Robart sitting in the federal District courthouse in Seattle issued an order and opinion (a PDF file of some 65 pages!) -- granting refugees with "bona fide relationships" to the US nationwide protection from Muslim Ban 3.0.

The order applies nationwide. Trump is now like 0 for 17. And the ball is now in Trump's court, to seek a stay -- but for now, refugees with substantial relationships and connections in the US may enter. Trust that 45's political appointess will fight this -- as early as Wednesday morning in the Ninth Circuit, when the government reopens.

. . . .[T]he court issues a nationwide preliminary injunction as follows:

1. Defendants and their officers, agents, servants, employees, attorneys, and all members and persons acting in concert or participation with them from the date of this Order, are enjoined and restrained from enforcing those provisions of the Agency Memo that suspend the processing of FTJ refugee applications or suspend the admission of FTJ refugees into the United States. This portion of the preliminary injunction does not apply to Defendants’ efforts to implement “additional security measures” or align “the screening mechanisms for [FTJ] refugees” with “processes employed for principal refugees” as described in the Agency Memo. . . .

2. Defendants and their officers, agents, servants, employees, attorneys, and all members and persons acting in concert or participation with them from the date of this Order, are enjoined and restrained from enforcing those provisions of the Agency Memo that suspend or inhibit, including through the diversion of resources, the processing of refugee applications or the admission into the United States of refugees from SAO countries. However, this portion of the preliminary injunction only applies to FTJ refugees or other refugees with a bona fide relationship to a person or entity within the United States. See IRAP, 137 S. Ct. at 2088-89. Further, this portion of the preliminary injunction does not apply to Defendants’ efforts to conduct a detailed threat assessment for each SAO country. . . .


This is encouraging -- and is exactly what the founders envisioned -- from the three equal branches structure they created. Merry Christmas Eve!

नमस्ते

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