That we have the right to petition our government for redress of grievances, peacefully. Here is the able Judge's full two page TRO -- and, UPDATED -- here's the 28 page memo of law, and we'll quote a bit, from both, below:
. . .[Memo:] Ms. Chung seeks an order preventing DHS from summarily detaining her based on protected speech supporting Palestinian rights and criticizing her university’s punitive policies related to campus protest. Whatever justifications the government may offer in defense of the policy writ large (as to which Ms. Chung makes no concession), DHS detention of Ms. Chung would be unlawful on multiple counts, outrageously violating her First Amendment and due process rights, as well as the Immigration and Nationality Act (INA). And, whatever jurisdictional objections the government might interpose in this action, none bars review of the narrow issue of the constitutionality of incarcerating Ms. Chung pending further litigation. . . .
Plaintiff-Petitioner is a twenty-one-year-old lawful permanent resident and national of South Korea who has lived in the United States since the age of seven. Compl. ¶¶ 10, 21-23. She is now a junior at Columbia University, where she has worked for the Columbia Undergraduate Law Review and has taken on internships in the legal field in pursuit of her ambition to become a lawyer. Id. ¶¶ 27-29.
Like many students who learn about international injustices and gain exposure to new perspectives through their college courses and experiences, over the past few years in college, Ms. Chung has developed her political beliefs. As relevant here, she feels called to stand up and speak out for the human rights of Palestinians. Id. ¶ 29. Along with hundreds of her peers, during her time at Columbia she has participated in discussions and demonstrations in support of Palestinian human rights, including at the “Gaza Solidarity Encampment” on Columbia’s South Lawn. Id. ¶ 31. She did not, however, lead or plan demonstrations, issue statements to the press or the university, or otherwise assume a high-profile role in any of the aforementioned activities. Id. She was, rather, one of a large group of students expressing support for Palestinian rights through verbal and symbolic speech. . . .
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[And from the TRO itself, re Noem/Miller/Trump] Defendants-Respondents are enjoined from detaining the Plaintiff-Petitioner pending further order of this Court;
Defendants-Respondents are enjoined from transferring the Plaintiff-Petitioner from the jurisdiction of this District pending further order of this Court;
Should Defendants-Respondents seek to detain Plaintiff-Petitioner on any asserted basis other than pursuing her removal under 8 U.S.C. § 1227(a)(4)(C) pending the Court's decision on a preliminary injunction, Defendants-Respondents are ordered to provide sufficient advance notice to the Court and counsel, in order to enable Plaintiff-Petitioner an opportunity to be heard regarding whether any such asserted basis for detention constitutes a pretext for First Amendment retaliation; and
The bond requirement of Federal Rule of Civil Procedure 65(c) is waived.
IT IS SO ORDERED. . . .
So the rule of law still prevails in these United States. Onward.
नमस्ते
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