A federal judge in New York has issued an emergency stay temporarily halting the removal of individuals detained after POTUS issued an order to ban immigrants from seven Muslim-majority countries from entering the U.S.
The move appears to mark the first successful legal challenge to the POTUS’ administration and affects those who have arrived in the U.S. with previously approved refugee applications or were in transit with valid visas.
U.S. District Court Judge Ann Donnelly ruled in favor of a habeas corpus petition filed by the American Civil Liberties Union (ACLU) on behalf of two Iraqi men who were detained at John F. Kennedy International Airport on Friday after Trump signed his order.
Donnelly, who was nominated by former President Barack Obama and confirmed to her judgeship in 2015, ruled in the Eastern District of New York that “there is imminent danger that, absent the stay of removal, there will be substantial and irreparable injury to refugees, visa-holders, and other individuals from nations subject” to Trump’s order.
“This ruling preserves the status quo and ensures that people who have been granted permission to be in this country are not illegally removed off U.S. soil,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project.