Solarbird (solarbird) wrote,

  • Mood:

good morning, it's 29 january 2017

Okay, so here's a rough overview.

1. Trump signs travel ban. DHS, et al, not shown it in advance.
2. DHS rules that it doesn't apply to green card holders, et al.
3. Bannon overrules DHS, applies it to green card holders, et al.
4. At least five Federal courts throw injunctions, including Seattle's.
5. DHS delays many hours before agreeing to respect courts.
6. Trump/Bannon et al release statement saying the order isn't changed by court rulings.
7. CPB on the ground honours injunctions in Seattle, Boston; refuses in SFO, DFW, JFK. Refuses to meet with Congressional representatives, refuses access to lawyers.
8. Lots of conflicting reports floating around now.

Also, the DHS press release just needs a few "Dear Leaders" to sound North Korean.

----- 1 -----
Mark Harring
Attorney General of the Commonwealth of Virginia
29 January 2017 - 7:09PM

Formally requesting info from CBP/Feds on detentions in VA of those w/ green cards, student/work visas & compliance with fed. court order

[Documents attached]

----- 2 -----
Trump aides call travel ban success despite broad criticism
Reuters | Sun Jan 29, 2017 | 8:34pm EST

Aides to U.S. President Donald Trump on Sunday called the implementation of a temporary travel ban on people from seven Muslim-majority countries a "massive success story" despite criticism from some top Republicans, protests and disarray at airports.

A senior administration official said the executive orders signed by Trump on Friday, which bars the admission of Syrian refugees and suspends travel to the United States from Syria, Iraq, Iran and four other countries on national security grounds, was being fully enforced by relevant agencies.

"Nothing has changed," said the official, briefing reporters on condition of anonymity as rallies against the move erupted across the United States.

U.S. judges in at least five states blocked federal authorities from enforcing the order. Lawyers representing people covered by the order said, however, that some authorities were unwilling to follow the court rulings.

----- 3 -----
Border agents defy courts on Trump travel ban, congressmen and lawyers say
The Guardian | Sunday 29 January 2017 19.03 EST
Edward Helmore in New York and Alan Yuhas

Democrat Don Beyer says ‘we have a constitutional crisis’ over refusal to release travellers from Muslim-majority countries after judge grants temporary stay

Customs and Border Protection (CBP) agents defied the orders of federal judges regarding Donald Trump’s travel bans on Sunday, according to members of Congress and attorneys who rallied protests around the country in support of detained refugees and travellers from seven Muslim-majority countries.

On Sunday afternoon, four Democratic members of the House of Representatives arrived at Dulles airport in Virginia on word that people had been detained and denied access to lawyers.

“We have a constitutional crisis today,” representative Don Beyer wrote on Twitter. “Four members of Congress asked CBP officials to enforce a federal court order and were turned away.”

Representative Jamie Raskin, also at the airport, tweeted that the federal agency had given “no answers yet” about whether agents were ignoring the courts. Raskin joined several other attorneys there, including Damon Silvers, special counsel at AFL-CIO, one of the groups trying to help visa holders.

“As far as I know no attorney has been allowed to see any arriving passenger subject to Trumps exec order at Dulles today,” Silvers tweeted on Sunday evening. “CBP appears to be saying people in their custody not ‘detained’ technically & Dulles international arrivals areas not in the United States.”

----- 4 -----
Homeland Security to comply with orders not to deport travelers
By Ariane de Vogue, Eli Watkins and Alanne Orjoux, CNN
Updated 4:01 PM ET, Sun January 29, 2017

(CNN)The US Department of Homeland Security said on Sunday it will comply with judicial orders not to deport detained travelers affected by President Donald Trump's seismic move to ban more than 130 million people from entering the United States.

A federal judge in New York temporarily blocked the order Saturday night for citizens of seven Muslim-majority countries who have already arrived in the US and those who are in transit, and who hold valid visas, ruling they cannot be removed from the US.

That move limited part of President Donald Trump's executive order barring citizens from those countries from entering the US for the next 90 days.

Similar legal rulings were made in Virginia and Washington State. In Massachusetts, however, two judges went further, saying the government should notify travelers who would have been affected by the executive order that for the next seven days they are free to travel to Boston.

----- 5 -----
Trump’s Border Patrol Defies Judge, U.S. Senator at Dulles Airport as His First Constitutional Crisis Unfolds
Border Patrol flouted a federal injunction against Trump's order, barring lawyers from reaching legal U.S. residents detained at Dulles airport.
The Daily Beast | Betsy Woodruff | 01.29.17 1:44 PM ET

Late Saturday night, in the jam-packed baggage terminal for international arrivals at Washington Dulles International Airport, dozens of lawyers and hundreds of protesters watched as the first major Constitutional crisis of the Trump presidency played out.

The day before, Trump signed an executive order barring people from seven majority-Muslim countries from entering the United States. But many people traveling to the U.S. from those countries––including legal permanent residents of the U.S.––were already in the air and couldn’t turn around. As a result, airports across the country turned into lawfare zones, with cadres of volunteer lawyers squaring off against bureaucrats in the Customs and Border Protection agency. Late-night rulings from federal judges made a legally unprecedented situation even more dramatic, with all three branches of the federal government—congressional, executive, and judicial—warring with each other. At stake: the lives and safety of people trying to legally enter the U.S.

At about 7:30 p.m., a boisterous crowd of several hundred pro-refugee protesters had circled around the “International Arrivals” baggage claim at Dulles—flanked by police who cleared a passageway so people getting off planes could get through. Protesters waved signs saying refugees were welcome (some signs read “Welcome” in Arabic), denouncing President Trump, and calling for Christians to show Christlike love to people fleeing terrorism. They carried “Welcome Home” balloons and they sang songs.

And there were chants, including “Let them see their lawyers now!”

----- 6 -----
Here's a look at the crowd in Seattle for immigration ban protest.
KING 5 News Seattle
29 January 2017

----- 7 -----
Giuliani: Trump asked me how to do a Muslim ban 'legally'
By Rebecca Savransky - 01/29/17 08:48 AM EST
The Hill

Former New York City Mayor Rudy Giuliani (R) said in an interview on Saturday that President Trump had previously asked him about legally implementing a "Muslim ban."

But Giuliani then disputed the notion that the president's sweeping executive order barring refugees and people from seven predominantly Muslim nations amounts to a ban on Muslims.

"I’ll tell you the whole history of it: When he first announced it, he said ‘Muslim ban,'" Giuliani said on Fox News.

"He called me up, he said, ‘Put a commission together, show me the right way to do it legally.’"

----- 8 -----
Judges temporarily block part of Trump's immigration order, WH stands by it
By Ariane de Vogue, Eli Watkins and Alanne Orjoux, CNN
CNN | Updated 12:17 PM ET, Sun January 29, 2017

(CNN)A federal judge in New York blocked part of President Donald Trump's controversial executive order on immigration Saturday, ruling that authorities could not remove individuals from seven Muslim-majority countries who had arrived in US airports after the order had been issued. The White House, however, maintained Sunday that the ruling does not undercut the executive order

US Judge Ann M. Donnelly held that the petitioners had a "strong likelihood of success" in establishing that their removal "violates their rights to Due Process and Equal Protection guaranteed by the United States Constitution."

Donnelly, who was appointed to the bench by President Barack Obama, sits on the US District Court for the Eastern District of New York.

A White House spokesperson defended the order Sunday, saying: "It is the right and duty of the President to do everything in his legal and constitutional power to protect the American people."

----- 9 -----
Department Of Homeland Security Response To Recent Litigation

Release Date:
January 29, 2017
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

WASHINGTON – The Department of Homeland Security will continue to enforce all of President Trump’s Executive Orders in a manner that ensures the safety and security of the American people. President Trump’s Executive Orders remain in place—prohibited travel will remain prohibited, and the U.S. government retains its right to revoke visas at any time if required for national security or public safety. President Trump’s Executive Order affects a minor portion of international travelers, and is a first step towards reestablishing control over America's borders and national security.

Approximately 80 million international travelers enter the United States every year. Yesterday, less than one percent of the more than 325,000 international air travelers who arrive every day were inconvenienced while enhanced security measures were implemented. These individuals went through enhanced security screenings and are being processed for entry to the United States, consistent with our immigration laws and judicial orders.

The Department of Homeland Security will faithfully execute the immigration laws, and we will treat all of those we encounter humanely and with professionalism. No foreign national in a foreign land, without ties to the United States, has any unfettered right to demand entry into the United States or to demand immigration benefits in the United States.

The Department of Homeland Security will comply with judicial orders; faithfully enforce our immigration laws, and implement President Trump’s Executive Orders to ensure that those entering the United States do not pose a threat to our country or the American people.

----- 10 -----
Live updates: Legal questions surround Trump’s immigration order; protests to continue tonight
Originally published January 29, 2017 at 9:08 am Updated January 29, 2017 at 8:42 pm
Seattle Times

Protesters of Trump's immigration ban have gathered at Westlake Park in downtown Seattle. The protest follows a demonstration at Sea-Tac Saturday night that mirrored others at airports nationwide after Trump's executive action barred entry to the U.S. for immigrants from seven Muslim countries.

What you need to know:

• President Donald Trump signed an executive order Friday evening to suspend entry of all refugees for 120 days, bar Syrian refugees indefinitely and block U.S. entry for 90 days for citizens of seven Muslim-majority countries: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.

• Some air travelers soon found themselves detained upon arrival to the United States. On Saturday, activists, politicians and others gathered at airports nationwide, including Seattle-Tacoma International Airport, to denounce the policy.

• On Saturday evening, a federal judge in New York blocked part of the president’s order. By then, six people had been detained at Sea-Tac, according to a Port of Seattle official. Of those, two were released and allowed to enter the U.S., while four were to be sent back to their place of departure. A U.S. District Court judge granted a stay to prevent two of the four from being sent away.

• Shortly before midnight, police began detaining protesters at the local airport. Some officers wore riot gear.

• Early Sunday morning, the U.S. Department of Homeland Security said it will enforce the president’s executive orders but also comply with judicial orders.

----- 11 -----
29 January 2017

Washington, D.C. ­– U.S. Senators John McCain (R-AZ) and Lindsey Graham (R-SC) released the following statement today on the President’s executive order on immigration:

“Our government has a responsibility to defend our borders, but we must do so in a way that makes us safer and upholds all that is decent and exceptional about our nation.

“It is clear from the confusion at our airports across the nation that President Trump’s executive order was not properly vetted. We are particularly concerned by reports that this order went into effect with little to no consultation with the Departments of State, Defense, Justice, and Homeland Security.

“Such a hasty process risks harmful results. We should not stop green-card holders from returning to the country they call home. We should not stop those who have served as interpreters for our military and diplomats from seeking refuge in the country they risked their lives to help. And we should not turn our backs on those refugees who have been shown through extensive vetting to pose no demonstrable threat to our nation, and who have suffered unspeakable horrors, most of them women and children.

“Ultimately, we fear this executive order will become a self-inflicted wound in the fight against terrorism. At this very moment, American troops are fighting side-by-side with our Iraqi partners to defeat ISIL. But this executive order bans Iraqi pilots from coming to military bases in Arizona to fight our common enemies. Our most important allies in the fight against ISIL are the vast majority of Muslims who reject its apocalyptic ideology of hatred. This executive order sends a signal, intended or not, that America does not want Muslims coming into our country. That is why we fear this executive order may do more to help terrorist recruitment than improve our security.”

----- 12 -----
::::: UNCONFIRMED :::::
Federal Judge Sends U.S. Marshals to Prevent Trump from Enforcing Muslim Ban

On Friday, our new President signed an executive order banning those from 7 Muslim countries from entering the United States, even if they had been granted refugee status, and even if they were green card or visa holders. This blatant discrimination based on national origin (and, let’s be honest, it’s really based on religion, given that all 7 countries are Muslim-majority and Trump had flat-out said he would ban Muslims during his campaign) guaranteed a legal showdown which began yesterday after at least a dozen people with passports from those 7 nations were detained at JFK airport in New York.

Yesterday, attorneys for Hameed Khalid Darweesh filed a class action lawsuit requesting a writ of habaes corpus (court order to free a person) on behalf of Mr. Darweesh, who apparently was detained under this new order, and anyone similarly situated to him. It’s worthy of note that this man is a refugee from Iraq who cannot return to his home country because he assisted the U.S. military during our operations there. Filed with his petition was a motion for an emergency temporary restraining order, asking the court to prohibit U.S. Customs & Border Patrol from enforcing Trump’s order, and U.S. District Judge Ann Donnelly, after conducting an astoundingly prompt hearing, granted that request, ordering all officers of the United States be:

ENJOINED AND RESTRAINED from, in any manner or by any means, removing individuals with refugee applications approved by U.S. Citizenship and Immigration Services as part of the U.S. Refugee Admissions Program, holders of valid immigrant and non-immigrant visas, and other individuals from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen legally authorized to enter the United States.

This is widely reported by the media (CNN, The Guardian, New York Times), but perhaps because of the late hour and lack of legal analysts on hand, they missed the significance of the next paragraph of Judge Donnelly’s order:

IT IS FURTHER ORDERED that to assure compliance with the Court’s order, the Court directs service of this Order upon the United States Marshal for the Eastern District of New York, and further directs the United States Marshal Service to take those actions deemed necessary to enforce the provisions and prohibitions set forth in this Order.

I’ve never seen an order like that directed against the U.S. government in my life. What the judge just did is sent federal law enforcement affiliated with the court to JFK airport to make sure other federal law enforcement obeys the order. In other words, Judge Donnelly does not trust that the Trump administration will follow the law and pre-emptively sent muscle to carry out her order.

----- 13 -----
Inside the confusion of the Trump executive order and travel ban
By Evan Perez, Pamela Brown and Kevin Liptak, CNN
Updated 1:21 PM ET, Sun January 29, 2017

Washington (CNN)When President Donald Trump declared at the Pentagon Friday he was enacting strict new measures to prevent domestic terror attacks, there were few within his government who knew exactly what he meant.

Administration officials weren't immediately sure which countries' citizens would be barred from entering the United States. The Department of Homeland Security was left making a legal analysis on the order after Trump signed it. A Border Patrol agent, confronted with arriving refugees, referred questions only to the President himself, according to court filings.


The policy team at the White House developed the executive order on refugees and visas, and largely avoided the traditional interagency process that would have allowed the Justice Department and homeland security agencies to provide operational guidance, according to numerous officials who spoke to CNN on Saturday.

Homeland Security Secretary John Kelly and Department of Homeland Security leadership saw the final details shortly before the order was finalized, government officials said.

Friday night, DHS arrived at the legal interpretation that the executive order restrictions applying to seven countries -- Iran, Iraq, Libya, Somalia, Syria, Sudan and Yemen -- did not apply to people with lawful permanent residence, generally referred to as green card holders.


The White House overruled that guidance overnight, according to officials familiar with the rollout. That order came from the President's inner circle, led by Stephen Miller and Steve Bannon. Their decision held that, on a case by case basis, DHS could allow green card holders to enter the US.

There had been some debate whether green card holders should be even allowed to board international flights. It was decided by the Department of Homeland Security they could fly to the US and would be considered on a case-by-case basis after passing a secondary screening.

But the guidance sent to airlines on Friday night, obtained by CNN, said clearly, "lawful permanent residents are not included and may continue to travel to the USA."

----- 14 -----
Trump says US will prioritize Christian refugees
By Daniel Burke, CNN Religion Editor
Updated 12:57 PM ET, Sat January 28, 2017

Washington (CNN)President Donald Trump said in a new interview Friday that persecuted Christians will be given priority over other refugees seeking to enter the United States, saying they have been "horribly treated."

Speaking with the Christian Broadcasting Network, Trump said that it had been "impossible, or at least very tough" for Syrian Christians to enter the United States.

"If you were a Muslim you could come in, but if you were a Christian, it was almost impossible and the reason that was so unfair -- everybody was persecuted, in all fairness -- but they were chopping off the heads of everybody but more so the Christians. And I thought it was very, very unfair. So we are going to help them."

----- 15 -----
Damon Silvers
8:50 AM - 29 Jan 2017

Attys at Dulles with a fed court order entitling them to see detainees told by CBP "it's not going to happen" Attys seeking contempt order

----- 16 -----
Here are two US Congressmembers calling back and leaving a message requesting CBP just walk outside their office and explain.
8:45 PM - 28 Jan 2017

(Video; also, read thread)

----- 17 -----
Trump redefines the enemy and 15 years of counterterrorism policy
By Greg Jaffe January 28 at 7:01 PM
The Washington Post

In just his first week in the White House, President Trump has sought to redefine America’s most lethal enemy in terms far broader than his post-9/11 predecessors.

The net result of Trump’s new approach — outlined in speeches, interviews and executive orders — is a vast departure for a country that has often struggled over the past 15 years to say whether it is at war and precisely who it is fighting.

With a few sweeping moves, Trump has answered those questions with a clarity that is refreshing to his supporters and alarming to some U.S. counterterrorism officials as well as most of the Muslim world.

For Trump and his senior policy advisers, America is locked in a world war for its very survival, and the enemies in this wide-ranging battle are not only radical Islamist terrorists but a chaotic, violent and angry Muslim world.

“The world is as angry as it gets,” Trump said last week from the White House. “Take a look at what’s happening with Aleppo. Take a look at what’s happening in Mosul. Take a look at what’s going on in the Middle East. . . . The world is a mess.”

One day later, in an appearance at the Pentagon and in signing an executive order — “Protecting the Nation From Foreign Terrorist Entry Into the United States” — Trump laid out his plan to deal with what he had described as a vast and pressing threat. He closed America’s borders to all refugees temporarily and additionally suspended the entry of anyone from Iraq, Syria and five other predominantly Muslim countries.

“The optic of this is really awful,” said Nada Bakos, a former CIA analyst, of the refu­gee ban. “What they’ve done goes too far. All it does is help [Islamic State] recruiting.”

Trump also vowed new “extreme vetting measures” to permanently keep radical Islamist terrorists out of the United States and promised to give Christians from the Middle East and other minority religions in the region priority over Muslim refugees.

Finally, he promised to pump new money into America’s military, what he called “a great rebuilding of the armed services of the United States.”

Both former presidents George W. Bush and Barack Obama had defined the enemy in significantly narrower terms while in office, eager to avoid any moves that might make it appear as if the United States was at war with Islam.

----- 18 -----
Benjamin YoungSavage
9:30 PM - 28 Jan 2017
on Twitter

BREAKING: Washington Governor Inslee just said on CNN the state is going to court to challenge the Muslim Ban. The State itself is suing.

----- 19 -----
Video I took from the protest at Sea-Tac Airport, Saturday night
29 January 2017
on Twitter

Also posted to ソ-ラ-バ-ド-のおん; comment count unavailable comments at Dreamwidth.

Tags: fascism watch, political
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