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U.S. suspends enforcement of travel ban, DOJ appeals

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  • ASSOCIATED PRESS

    People hold a banner as they take part in a protest march in London, against U.S. President Donald Trump’s ban on travellers and immigrants from seven predominantly Muslim countries entering the U.S., Saturday, Feb. 4, 2017.

WASHINGTON >> The Justice Department has appealed a judge’s order temporarily blocking President Donald Trump’s refugee and immigration ban, saying it’s the “sovereign prerogative” of a president to admit or exclude aliens in order to protect national security.

The appeal filed late today at the 9th U.S. Circuit Court of Appeals in San Francisco, cites a “basic principle that an alien seeking initial admission to the United States requests a privilege and has no constitutional rights regarding his application.”

The Justice Department asked that the federal judge’s order be stayed pending resolution of the appeal. It says the ban is necessary “to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.”

Earlier today, the government officially suspended enforcement of the ban in compliance with the judge’s order, which plunged the new administration into a crisis that has challenged both Trump’s authority and his ability to fulfill campaign promises.

That stand-down marked an extraordinary setback for the White House. Only a week ago, the president had acted to suspend America’s refugee program and halt immigration to the U.S. from seven Muslim-majority countries that the government said raise terrorism concerns.

The appeal says the temporary restraining order by U.S. District Judge James Robart in Seattle is a broad overreach of judicial authority.

“Judicial second-guessing of the President’s national security determination in itself imposes substantial harm on the federal government and the nation at large,” it says. The order also imposes harm on U.S. citizens “by thwarting the legal effect of the public’s chosen representative,” it says.

On Twitter, Trump mocked Robart, appointed by President George W. Bush, as a “so-called judge” whose “ridiculous” ruling “will be overturned.” He added in a subsequent tweet: “Because the ban was lifted by a judge, many very bad and dangerous people may be pouring into our country. A terrible decision.”

Trump’s direct attack recalled his diatribes during the campaign against a federal judge of Mexican heritage who was overseeing a Trump University case. Justice Department lawyers could be called upon to answer for his words as the travel ban case is judged by higher courts.

The ban has caused unending confusion for many foreigners trying to reach the United States, prompting protests across the United States and leading to multiple court challenges. Demonstrations took place outside the White House, in New York and near Trump’s estate in Palm Beach, Florida, where he was spending the weekend and attending an annual American Red Cross fundraising gala.

“We’ll win,” Trump told reporters tonight. “For the safety of the country, we’ll win.”

The State Department, after initially saying that as many as 60,000 foreigners from Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen had their visas canceled, reversed course on Saturday and said they could travel to the U.S. if they had a valid visa.

The department on Saturday advised refugee aid agencies that refugees set to travel before Trump signed his order will now be allowed into the United States. A State Department official said in an email obtained by the Associated Press that the government was “focusing on booking refugee travel” through Feb. 17 and working to have arrivals resume as soon as Monday.

The Homeland Security Department no longer was directing airlines to prevent visa-holders affected by Trump’s order from boarding U.S.-bound planes. The agency said it had “suspended any and all actions” related to putting in place Trump’s order, which the White House argued was “intended to protect the homeland.”

Trump made clear what he thought of Robart’s action.

“The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned,” Trump tweeted. “When a country is no longer able to say who can and who cannot come in & out, especially for reasons of safety & security – big trouble!”

After a pause of several hours, the president returned to Twitter: “What is our country coming to when a judge can halt a Homeland Security travel ban and anyone, even with bad intentions, can come into U.S.?”

Sen. Patrick Leahy, D-Vt., a member of the Senate Judiciary Committee, criticized Trump for “attempting to bully and disparage yet another federal judge” and said he seemed “intent on precipitating a constitutional crisis.”

Trump’s rhetoric also could put government lawyers defending his order in a tough spot.

“Either they have to defend the statements that Judge Robart is a ‘so-called judge,’ which you can’t do, or they have to distance themselves from the president, who is their boss,” said University of Pittsburgh law professor Arthur Hellman.

With legal challenges pending, two prominent Middle Eastern air carriers announced they would resume carrying passengers from the seven affected countries. Qatar Airways and Etihad Airways, national carrier of the United Arab Emirates, said U.S.-bound travelers from those countries with valid visas would be allowed to board.

In Egypt, Cairo airport and airline officials said they have received instructions from the U.S. Customs and Border Protection to suspend President Trump’s executive order.

Government-backed Qatar Airways is one of a few Mideast airlines operating direct daily flights to multiple American cities. Its U.S. destinations from its Doha hub include New York, Chicago, Los Angeles, Miami and Washington.

At New York’s John F. Kennedy International Airport, volunteer lawyer Renee Paradis said most of the flights involving passengers from the affected countries were to arrive later today.

“Anybody who comes here on a visa is supposed to be allowed in, so we would anticipate that somebody who is in the air would be able to land and enter,” she said. “Of course, as with everything this week, it remains to be seen what happens on the ground.”

The executive order has caused chaos within the government and the courts. Trump fired Sally Yates, an Obama administration holdover who was serving as acting attorney general, after she said the Justice Department would not enforce it. In Washington today, demonstrators chanting “No hate, No fear, Refugees are welcome here” walked from the White House down Pennsylvania Avenue.

Hearings have also been held in court challenges nationwide.

In arguments to the court, Washington state and Minnesota said the temporary ban and the global suspension of the U.S. refugee program harmed residents and effectively mandated discrimination.

Federal attorneys had argued that Congress gave the president authority to make decisions on national security and immigrant entry.

But in his written order Friday, Robart said it’s not the court’s job to “create policy or judge the wisdom of any particular policy promoted by the other two branches,” but rather, to make sure that an action taken by the government “comports with our country’s laws.”

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    • IRT Iwandcah, no, all the Conservative Republicans remain with President Trump and strongly support his actions to date. By the way, we searched the Executive Order for words such as “travel ban” (none), “Muslim” (none), “Muslim ban” (none), “religion” (3 relating to minority religion), “Christian” (none), etc. Can’t find any words in the Executive Order that the liberal democrat demonstrators are claiming. Now, that the Executive Order is in the Federal Courts, we must let the Courts decide through its process. I think the Democrats are going to get hurt on this issue in the 2018 election.

      • Trump is doing a great job of alienating our European and Asian allies, while he is schmoozing with the Communist despot Putin. ExpeCT more judicial push back from the courts over Trump’s Un-Constitutional Executive Orders. He is going to be buried in law suits

        • Trump is doing a great job of alienating the cognitively challenged half wits in our midst.

          So, if the shoe fits (and in your case it probably does) . . . . well, you know.

        • This is way too funny…. here we have someone in office for a couple of weeks, doing what he said he was going to do, neutralize the DEM/LIB agenda that has been working to destroy America as it was founded, and the libs are going bananas… actually, its fun to watch… because it not only highlights they are clueless with respect to whats going on, it also highlights they are either clueless to what they support, or if they aren’t, they are a danger to America because that would imply they are intentionally in favor of taking America down… but I will give benefit of the doubt that they are clueless to the fact that they are being used, clueless to the underlying agenda they support.. and I say this for many of them because of what they say, their lack of depth of knowledge on issues, etc…

        • Vector, you and other liberals are quick to say Trump’s Executive Order is un-Constitutional without citing which provision or provisions of the Constitution the EO violates. I asked you before to cite the provision, but you did not reply, so I will try again. Please cite the provision that makes the EO un-Constitutional. You might want to consult Klastri to help you.

    • Your attempt to drive a wedge between the 45th President and those who – – unlike our 44th President – – love America is understandable, lwandcah, given the desperation of your position. But you are destined to fail in this attempt.

      Except for the extremist nut jobs who populate narrow coastal strips of concentrated urban idiocy, a working majority of ordinary patriotic Americans in fly over country have come to realize that, thanks to our mistakes of 2008 and 2012, we now have a REAL shovel ready task ahead of us.

      The good news is that we have for the first time in a long time a Republican in high office who is not a g u t l e s s y e l l o w belly, but one who LOVES [1] the sting of battle and [2] our land of the Free and home of the Brave.

      • There you go again. Even if you were right about some things Trump might theoretically accomplish, there is NO evidence that suggests he loves America. He’s a self-centered salesman with narcissistic personality disorder (do a search; Trump’s name and photos appear on the first page!). He’s probably doing this POTUS thing to feed his huge ego, perhaps also to profit from it. He doesn’t love this country.

        Whatever choice you make, you should make it based on real facts, not alternative thoughts.

    • The rest of the world is turning against us, wondering how we could elect an intellectual numb skull, emotionally immature, and viscious bully. He goes around insulting everyone, and he expects everyone to fall into line and do what he says. No way! He is dividing this country even more, and many people are hardening their resistance to this fascist administration.

    • Actually the laughter is directed as silly, credulous, self-margnalizing fools who would like to pretend that Rip Van America did NOT awaken last November in the nick of time to save our country from the nightmare of Felony-Shrillary.

      So if the shoe fits…..

      • Get an education, don’t live your life based on what fake news tells you. Rich GOP guys are manipulating the undereducated with simple-minded sloganism because without them they would be a weak minority against the Democrats.

        And when the rich GOP guys get richer, do you think they will thank you? Yes, they will thank you, wave the flag, and say “MAGA,” and you’ll feel proud as you continue being poor and undereducated. Unless you come to your senses.

  • I’d like to see the media interview the victims families of San Bernardino and Orlando to see what they think of the temporary ban on those 7 terrorist countries. Or those European countries that have been plagued with violence, rape destruction because of a lax immigration policy.

    • You’re wasting your time trying to convince most people on this board of logic. Letting everyone in the world into America seems to be ok for lots of morons.

      • We are all descended from immigrants. Even the Hawaiians immigrated here from the southern Pacific. This country has had bans against the Chinese and Japanese in the 1880s, against Southern Europeans, Italians, Greeks, Spanish in the 1910s, and the rounding up of Japanese Americans during World War II.

        • When you’re at war, you don’t allow the enemy into the country. Radical Islam has declared war on us, unless you can guarantee the muslims coming in are not radicalized, none should get in until the situation changes.
          It’s only common sense, immigrants from Pakistan, Afghanistan and Kazakhstan have attacked americans from within in just the last 2 years alone.
          If you ask me the EO doesn’t go far enough, Trump is missing many countries that export terrorism on his list.

        • But if these people qualified for a visa and/or green card after a lengthy screening process–they should be allowed into the US. Otherwise why give them a visa or green card?! If Trump has a problem with the visas or green cards then the US should do a better screening the applicants.

      • PUH LEEZE, BuhByeAloha.

        Don’t complain about the morons. They have been provided in such abundance to amuse NORMAL people, those who do NOT hate America.

        They are a gift, so relax smile and enjoy a knee slapping guffaw or two. I promise it will brighten your day.

    • Wait. Farook from the San Bernardino shooting and Maleek from the Orlando shooting were both born in the US. So what would they have to do with the ban?

      • If you’d read the stories, you would have learned they did not spend their entire lives in the area they lived, you’d have known there were flights to and from Mid East to US in preparation for the terroristic attacks, so, you’re statement is flawed and invalid.

        • What countries did they spend their lives in??? If it’s in one of the 7 countries Trump chose then you have a point…But then there’s still refugee part that doesn’t match up…#MAGA

        • Thanks. I was not aware the ban barred us citizens from traveling to or returning home from travel to those foreign countries.

        • Vector, you get an F- for not doing your homework. The Tsarnaev brothers who bombed the Boston Marathon were born in Kyrgyzstan. Have you ever heard of it? It is right outside of London.

      • They were born to Pakistani and Afghan parents that immigrated to the US. Farook’s murdering wife was a pakistani citizen who married him to get into the country. Even the boston bombers were US citizen’s however they immigrated here too. There’s just no way to tell which Muslims will be radicalized and attack us from within. That’s why none should be allowed in until the situation changes.

      • What to do?

        Begin profiling on a massive scale.

        Apply ‘broken windows’: run the full spectrum of stop, question, frisk and detain on an escalating basis.

  • TRUMPettes: Nothing to look at here! Move along! The judge is wrong. There is no ifs ands or buts about it. Now scuttle! Make America Great Again! Yada yada yada.

  • Liberals protesting Trump’s Executive Order and demanding that Muslims be allowed to enter the U.S. with little or no vetting seem to be overlooking the fact that Muslim values are completely opposite liberal values. The family unit is regarded by Muslims as the cornerstone of a healthy society. Liberals? Not so. Marriage forms the sole basis for Muslim sexual relations and parenthood. Liberals? Not so. Muslims are devoutly religious. Liberals? Not so. Muslims are adamantly opposed to gay marriage. Liberals? Not so. Muslims are opposed to homosexuality. Liberals? Not so. Muslims are opposed to abortions four months after gestation. Liberals? Not at all. So, as the Muslim population in the U.S. increases, so will the opposition to the values liberals hold so dear.

    • Pretty lame argument painting all Liberals with the same brush.
      Liberals aren’t family orientated? The liberal President who just left office has two daughters and is still married to his first wife. The one in office now has five kids from three different wives.
      Liberals aren’t opposed to abortion after four months? Most liberals aren’t pro Abortion but pro Choice.
      That just as dumb as saying all Conservatives are Nazis.

    • Ronin006 you are making the classic mistake of attempting to invoke logic when conversing with the cognitively challenged who long ago took as their curriculum vitae “If it FEELS good, do it.”

      Logic, facts, evidence, truth – – none of it means anything to these preening, pretentious, prognathous, lotus eating knuckle draggers who like the Red Queen have embraced “First the Verdict, then if time permits, the Trial”

      • Thos, liberals will change their thinking about Muslim values in a few years when Muslims become the majority in the population and they start throwing homosexuals and their liberal supporters off high rise buildings.

    • I haven’t seen anyone of any political stripe “demanding that Muslims be allowed to enter the U.S. with little or no vetting.” Refugees are vetted, from wherever they come from.

      • PoiDoggy, I think you missed the part about Obama bringing in 10,000 refugees from Syria each year and the heads of the FBI and intelligence agencies testifying before Congress that it is impossible to vet them because most have no documents to prove who they are or from where they come. Taking the word of refugees wanting to enter the U.S. or letting them in because they were well behaved in refugee camps is not vetting; it is stupidity of the highest order.

    • The wall is getting resistance in Congress, by the Democrats as well as many Republicans. Just signing Executive Orders, will not make it happen. Trump’s Executive Orders, are all show and grand standing

  • Don’t forget most politicians are lawyers. They have to keep themselves and their peers employed. This order will go forward with minor modifications.

  • What do you expect from a Judge that does Pro Bono work for immigrants and supports the black lives matter group.

    President Trump will prevail due to a law from 1952.

    McCarran-Walter Act
    Very Interesting. Gets more interesting every day, as the public acts outraged, solely due to their ignorance. This is worth passing on. This election is certainly sending us back to the history, constitution, and laws on and in our books.
    Donald Trump is right to ask, does anyone know of the McCarran Walter Act of 1952.
    It has been a law for almost 65 years, and would seem to indicate that many, if not all, of the people we elect to work for us in Washington DC do NOT have the slightest idea of what laws already exist in OUR country.

    After several terrorist incidents were carried out in the United States, Donald Trump was severely criticized for suggesting that the U.S. should limit or temporarily suspend the immigration of certain ethnic groups, nationalities, and even people of certain religions (Muslims). The criticisms condemned such a suggestion as, among other things, being Un-American, dumb, stupid, reckless, dangerous and racist. Congressmen and Senators swore that they would never allow such legislation, and our President called such a prohibition on immigration unconstitutional.

    Known as the McCarran-Walter Act, the Immigration and Nationality Act of 1952 allows for the “Suspension of entry or imposition of restrictions by the President, whenever the President finds that the entry of aliens or of any class of aliens into the United States would be detrimental to the interests of the United States. The President may, by proclamation, and for such a period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants or impose any restrictions on the entry of aliens he may deem to be appropriate.”

    And who do you suppose last utilized this process? Why it was President Jimmy Carter, no less than 37 years ago, in 1979, to keep Iranians out of the United States.
    But he actually did more. He made ALL Iranian students, already in the United States, check in with the government. And then he deported a bunch of them. Seven thousand were found in violation of their visas, and a total of 15,000 Iranians were forced to leave the USA in 1979.

    Additionally, it is important to note that the McCarran-Walter Act also requires that an “applicant for immigration must be of good moral character and in agreement with the principles of our Constitution.” Therefore, if it is true that the Quran evidently forbids Muslims to swear allegiance to the U.S. Constitution, then ALL Muslims possibly should be refused immigration to OUR country. (Not to mention that their religion requires them to kill anyone who refuses to convert to Islam, which is why so many Christians have been beheaded, and will be otherwise murdered by Muslims)

    Authenticated at: Immigration and Nationality Act of 1952

  • Again this sorry excuse of a newspaper blocks me.

    All one has to do is look the McCarren-Walter act of 1952.
    And because of this, President Trump will prevail with his temporary ban.

    Known as the McCarran-Walter Act, the Immigration and Nationality Act of 1952 allows for the “Suspension of entry or imposition of restrictions by the President, whenever the President finds that the entry of aliens or of any class of aliens into the United States would be detrimental to the interests of the United States. The President may, by proclamation, and for such a period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants or impose any restrictions on the entry of aliens he may deem to be appropriate.”

    Additionally, it is important to note that the McCarran-Walter Act also requires that an “applicant for immigration must be of good moral character and in agreement with the principles of our Constitution.” Therefore, if it is true that the Quran evidently forbids Muslims to swear allegiance to the U.S. Constitution, then ALL Muslims possibly should be refused immigration to OUR country. (Not to mention that their religion requires them to kill anyone who refuses to convert to Islam, which is why so many Christians have been beheaded, and will be otherwise murdered by Muslims)

    Authenticated at: Immigration and Nationality Act of 1952

    • Well said.

      If memory serves it was President Coolidge who put an end to immigration and the lid was not lifted for another forty years when LBJ threw open the gates, in effect saying “Y’all Come” as part of the Great Society nightmare.

      Like his destroying the nuclear black family, uncontrolled immigration was designed to create a permanent, welfare dependent underclass that would have to rely on government services and thus the PARTY of government services.

      At that point what is good for America diverged sharply from what is good for the Democrat Party and the chasm has been getting deeper ever since.

  • “The US appeals court has denied the justice department’s request for an immediate reinstatement of Donald Trump’s controversial travel ban.

    The ninth US circuit court of appeals in San Francisco made the ruling early on Sunday morning, and asked those challenging the ban to respond to the appeal filed by the Trump administration late on Saturday night, and the justice department to file a counter-response by Monday afternoon.”

    Stay tuned.

  • The Trump administration, led by white supremacist Steve Bannon, wants to revamp and rename a U.S. government program designed to counter all violent ideologies so that it focuses solely on Islamist extremism, five people briefed on the matter told Reuters.

    The program, “Countering Violent Extremism,” or CVE, would be changed to “Countering Islamic Extremism” or “Countering Radical Islamic Extremism,” the sources said, and would no longer target groups such as white supremacists who have also carried out bombings and shootings in the United States.

    Islam-inspired terror attacks accounted for 50 fatalities over the past 13 and a half years while right-wing extremists averaged 337 attacks per year in the decade after 9/11, causing a total of 254 fatalities.

  • In week #2 of his disastrous presidency, Trump:
    • imposed an immigration ban based on country of origin (illegal) and religion (unconstitutional)
    • destroyed rules meant to prevent a repeat of the 2008 financial crisis
    • lifted sanctions on selling technology to Russian spies
    • attacked the judiciary by calling a 13-year veteran of the federal bench a “so called judge”
    • killed a rule that financial advisors should put their clients’ interests ahead of their own profits
    • signed “lobbying reform” that makes lobbying easier, faster and more profitable
    • launched a military raid over lunch with his political advisors and son-in-law and then didn’t bother to go to the situation room to watch the chaos unfold
    • insulted and hung up on the Prime Minister of Australia
    • used the National Prayer Breakfast to mock Arnold Schwarzenegger
    • defended Putin’s killing of Russian journalists and slandered the US
    • then, at a cost to taxpayers of a million dollars per day, he left for a 3-day vacation at Mar-A-Lago, where he will profit nicely from the recent $100,000 annual dues increase that buys access to the President for a secret list of members.

    • forgot to mention one more Trump “accomplishment” of week #2:
      • began the process of rolling back regulations that bar coal mines from polluting streams and drinking water

      • Find this title amusing for here we WITNESSED:
        a. a proven LIAR running for the DEM side
        b. WITNESSING a PROVEN LIAR during the 90s, under oath no less
        c. a proven liar for the last 8 years
        d. and multiple party leaders lying in public about their opponents
        e. and supported by a mainstream media that openly lies and spreads false stories about the Dems opposition

        and here we have ol gigy apparently based on the response that I am reading, implying that President Trump is a liar?? This is way too funny…. here we have someone in office for a couple of weeks, doing what he said he was going to do, neutralize the DEM/LIB agenda that has been working to destroy America as it was founded, and the libs are going bananas… actually, its fun to watch… because it not only highlights they are clueless with respect to whats going on, it also highlights they are either clueless to what they support, or if they aren’t, they are a danger to America because that would imply they are intentionally in favor of taking America down… but I will give benefit of the doubt that they are clueless to the fact that they are being used, clueless to the underlying agenda they support.. and I say this for many of them because of what they say, their lack of depth of knowledge on issues, etc…

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