Donald Trump, Government, Legal, United States

Federal judge temporary bans Donald Trump’s travel ban

UNITED STATES

A federal judge in Washington has temporarily blocked enforcement of President Trump’s controversial ban on entry to the United States. Airlines have planned to begin to allow passengers from banned countries to board.

Following the ruling, government authorities immediately began communicating with airlines and taking steps that would allow travel by those previously barred from doing so.

At the same time, however, the White House said in a statement that the Justice Department would “at the earliest possible time” file for an emergency stay of the “outrageous” ruling from the judge. Minutes later, it issued a similar statement omitting the word “outrageous.”

“The president’s order is intended to protect the homeland and he has the constitutional authority and responsibility to protect the American people,” the White House said.

The federal judge’s ruling, which was broader than similar ones before it, set up a high-stakes legal confrontation between the new president and the judicial branch over his temporary ban on entry by citizens of seven majority-Muslim countries as well as refugees. In his opinion, U.S. District Judge James L. Robart wrote that “fundamental” to the court’s work was “a vigilant recognition that it is but one of three equal branches of our federal government.”

“The court concludes that the circumstances brought before it today are such that it must intervene to fulfill its constitutional role in our tripart government,” he wrote.

The ruling is temporary, and the ultimate question of whether Trump’s executive order will pass constitutional muster will fall to higher-level courts. Legal analysts have said the ban could be difficult to permanently undo because the president has broad authority to set immigration policy.

Robart granted a request from lawyers for the state of Washington who had asked him to stop the government from acting on critical sections of Trump’s order. Justice and State department officials had revealed earlier that about 60,000 — and possibly as many as 100,000 — visas already have been provisionally revoked as a result of Trump’s order. A U.S. official said that because of the court case, officials would examine the revoking of those visas so that people would be allowed to travel.

Washington Attorney General Bob Ferguson hailed the case as “the first of its kind” and declared that it “shuts down the executive order immediately.” Robart, a judge appointed by George W. Bush, said in his written order that U.S. officials should stop enforcing the key aspects of the ban: the halting of entry by refugees and citizens from certain countries. He did not specifically address the matter of those whose visas already had been revoked.

The Justice Department said in a statement that it was “reviewing the court’s order and will determine its next steps.” A State Department official said the agency was “working closely with the Department of Homeland Security and our legal teams to determine how this affects our operations.”

“We will announce any changes affecting travellers to the United States as soon as that information is available,” the official said.

Immigration lawyers have said that they are still assessing the Washington case but were heartened by it.

“The order makes it clear that all of the main provisions of the executive order cannot be enforced at this time,” said Lee Gelernt, deputy director of the American Civil Liberties Union’s Immigrants’ Rights Project. “That means that a lot will have to change immediately, and the government will have to make clear how they intend to follow the order with respect to all of the ways in which immigrants here and abroad are being affected at the moment.”

Since it was first rolled out a week ago, Trump’s travel ban has been evolving — both because of legal challenges and as a result of decisions by the administration to walk back aspects of it. Green-card holders from the affected countries, for example, no longer need waivers to get into the United States, as they did when the order took effect. And the Department of Homeland Security have asserted that the order does not apply to dual citizens with passports from countries other than the seven listed.

The numbers of visas revoked, too, demonstrated the far-reaching impact of the order. Families have been split, students unable to pursue their education, and those in the United States unable to leave for fear of not being able to return — and not by the handful, but by the tens of thousands.

During a hearing in a lawsuit by two Yemeni brothers who arrived at Dulles International Airport last weekend and were quickly put on a return flight to Ethiopia because of the new restrictions, a Justice Department lawyer said 100,000 visas had been revoked.

The figure, though, was immediately disputed by the State Department, which said the number of visas revoked was roughly 60,000. A spokesperson had said earlier that the revocations would have no impact on the legal status of people already in the United States, but if those people left the country, their visas would no longer be valid.

About the same time, in Boston, a group of four students enrolled in area colleges, a researcher and the spouse of a permanent resident — all of whom came from countries affected by the ban — flew into the United States.

The group that entered was aboard the same flight from Frankfurt operated by the German airline Lufthansa, which a day earlier had noted on its website a court decision from last weekend that it claimed had “suspended” Trump’s decree on flights to Boston. Lawyers hailed the development as good news.

Among those who made their way back to the United States were two undergraduate Massachusetts Institute of Technology students who had been visiting their families for a winter break; as well as 27-year-old Behnam Partopour, a PhD student from Iran studying chemical engineering at Worcester Polytechnic Institute who had been working on a project in Germany; and Samira Asgari, an Iranian scientist who was headed to Boston to conduct research at Brigham and Women’s Hospital.

Washington and Minnesota had filed a broad legal challenge to Trump’s order, alleging it was “separating families, harming thousands of the States’ residents, damaging the States’ economies, hurting State-based companies, and undermining both States’ sovereign interest in remaining a welcoming place for immigrants and refugees.” Jeffrey P. Bezos, the owner of The Washington Post and a Washington state resident, has spoken out against the ban.

In the past several days, federal judges in New York, California, Massachusetts and Virginia have issued rulings temporarily blocking aspects of the Trump order — though the orders all seemed to be limited to people who had made their way to U.S. airports, or, in Virginia’s case, to certain people.

The New York and Massachusetts rulings both blocked the government from detaining or deporting anyone from the seven affected countries who could legally enter the U.S., and the Massachusetts ruling added the critical phrase “absent the executive order.” In California, a judge declared that U.S. officials were also prevented from “blocking” people from entering who had a valid visa.

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Britain, Donald Trump, European Union, Society, Terrorism, United States

America’s travel ban

UNITED STATES

donald-trump-executive-order

President Donald Trump’s executive order brought a 120-day suspension to America’s refugee program, and an indefinite end to its intake of Syrian refugees.

President Donald Trump has insisted that the U.S. would have been inundated by “bad dudes” if he had given any warning of his clampdown on visitors from terror-hit Muslim countries.

Mr Trump’s administration faces growing protests at home and abroad for closing the country to people from seven largely Muslim countries.

The abruptness of the executive order, which even the US Department of Homeland Security wasn’t warned about, has caused widespread chaos and confusion, with travellers left stranded at airports across the globe.

Mr Trump has, however, defended his decision and the way it was implemented. ‘If the ban were announced with a one-week notice, the “bad” would rush into our country during that week,’ he said on social media site Twitter.

The order, banning refugees from Syria and imposing a 90-day stop on most people from Iran, Iraq, Syria, Libya, Sudan, Somalia and Yemen from entering the US, has prompted protests across America and provoked strong condemnation from many world leaders.

Even Barack Obama broke with the tradition that former presidents do not criticise their successor to say he ‘fundamentally disagrees with the notion of discriminating against individuals because of their faith or religion.’

Mr Obama said he was ‘heartened by the level of engagement taking place in communities around the country’, saying it was ‘what we expect to see when American values are at stake’.

trump-tweet

The US President justifies his travel ban and uses social media site Twitter to disseminate his message.

Amid reports that customs and immigration officials struggled to interpret the new rules, Mr Trump instead blamed the chaos at US airports on a Delta Airlines computer outage and the presence of protesters.

He added: ‘Only 109 people out of 325,000 people were detained and instead held for questioning.’

Mr Trump, who has also signed a new executive order to cut back on business red tape, insists that the travel ban and new vetting procedures will be very good for national security. He said: ‘We had to make the move some day, and we decided to make the move.’

Mr Trump was unrepentant as he said there was ‘nothing nice about searching for terrorists before they can enter our country’, telling sceptics to ‘study the world’.

Despite the British Foreign Secretary Boris Johnson insisting that British passport holders will escape the ban, the exemption doesn’t appear to have protected all UK citizens.

Lukman Faily, for instance, a former Iraqi ambassador to the US and a British passport holder after spending 20 years in the UK, planned to travel to Washington for a conference on fighting Islamic State.

Trump supporters claim he was badly served by inexperienced advisers who pushed the order through without consulting government departments on how to enforce it.

Blame has chiefly fallen on Stephen Miller, his 31-year-old former speech writer and now Mr Trump’s White House policy adviser.

Mr Miller has argued that the imposition of the ban has been an ‘efficient, orderly, enormously successful challenge’ to a ‘failed orthodoxy’ and was bound to attract protests. He has refused to say whether the US was soon planning to add other countries, such as Pakistan and Saudi Arabia, to the list.

Amid claims his order may breach the US constitution by targeting people on the basis of their religion, Mr Trump has insisted his travel ban is not anti-Muslim.

But German chancellor Angela Merkel said the fight against terrorism ‘does not in any way justify putting groups of certain people under general suspicion’.

And Guy Verhofstadt, the European Parliament’s Brexit negotiator, accused Mr Trump of working with far-Right groups on the continent to engineer the EU’s disintegration. He identified President Trump as one of three threats to the EU, along with radicalised political Islam and Vladimir Putin.

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Britain, NATO, Russia, United States

US-UK relations on NATO and Russia

WASHINGTON-LONDON

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Ties between the US and Britain have “never been stronger”, US President Donald Trump said as he welcomed British Prime Minister Theresa May to the White House.

President Donald Trump is 100 per cent behind NATO, Theresa May has declared.

Following their first talks in the White House, the Prime Minister has said that the U.S. and UK were united in their “unshakeable commitment” to the alliance, and that both leaders recognise NATO as the “bulwark of our collective defence”.

However, the pair are set for a collision course on how to handle Vladimir Putin after President Trump said he hoped to have a “fantastic relationship” with the Russian leader. The British Prime Minister said she strongly supported continuing sanctions against Russia, but Mr Trump’s newly assembled administration said the lifting of sanctions was on the table.

Earlier this month, the president caused alarm across Europe as he dismissed NATO as “obsolete” and expressed a desire for warmer ties with Mr Putin. During his election campaign Mr Trump even suggested he could withdraw the US from the military alliance if other European members did not spend more money on defence.

Mrs May has pledged to work in persuading other EU leaders to meet their NATO commitment of spending 2 per cent of national income on defence. She has said that member states need to make sure they are equipped to fight terrorism and cyber warfare, as well as combatting conventional forms of war.

But, there are clear differences between the US and UK on Russia. In comments that would have been alarming to No 10, the president said of Mr Putin: ‘I don’t know the gentleman. I hope we have a fantastic relationship. That’s possible and it’s also possible that we won’t. We will see what happens.’

President Trump, said: ‘I have had many times where I thought I would get along with people and I don’t like them at all… And I have had some where I didn’t think I was going to have much of a relationship and it turned out to be a great relationship.’

Mr Trump has also said that he hoped for a ‘great relationship’ with China.

Mrs May said the UK would not back down on Russian sanctions amid suggestions Mr Trump could agree to lift them.

The Prime Minister said: ‘As far as the UK is concerned on sanctions for Russia in relation to their activities in the Ukraine, we have been very clear that we want to see the Minsk agreement (aimed at resolving the conflict between Ukraine and pro-Russian rebels) fully implemented.

‘We believe the sanctions should continue until we see that Minsk agreement fully implemented, and we’ve been continuing to argue that inside the European Union.’

Mr Trump has not answered directly whether he would remove the measures. A senior adviser to the U.S. President said that US sanctions against Moscow, and other issues, would be on the table.

Barack Obama’s administration and the EU hit Moscow with sanctions for sending in troops and supporting pro-Russian rebels in Ukraine. Earlier this month Mr Trump suggested his administration could lift them in return for a nuclear arms deal – irrespective of whether Mr Putin withdrew troops from the Ukraine.

The comments have sparked fears that an emboldened Russia could launch a full-scale invasion in the Ukraine or Baltic States.

Responding to the possibility of sanctions being lifted, the former head of NATO, Anders Fogh Rasmussen, said: ‘I would urge strong caution against reversing any sanctions on Russia without concrete concessions.

‘Easing sanctions will only embolden Russia’s aggression in the region, putting the security interests of Ukraine and the United States in jeopardy.’


The U.S. softens its stance on torture

Donald Trump has dropped his controversial threat to revive the use of torture. This follows a warning from Theresa May who said it would force Britain to curb intelligence sharing.

In what will be seen as a dramatic about-turn, the US President has indicated that he would not now order secret service interrogators to use torture despite maintaining “it works”. Mr Trump said he would defer to his security advisers who are overwhelmingly opposed to the use of torture.

Mr Trump sparked an angry backlash when he first spoke out in favour of waterboarding, saying the West had to “fight fire with fire” in the war on terrorism.

His comments sparked alarm in the British intelligence community, with sources warning rules banning intelligence sharing with states that use torture would prohibit vital co-operation with the US. The U.S. President said he was bowing to the advice given to him by his Defence Secretary, General James Mattis, who has seen active service in the Middle East and who is opposed to torture.

Protagonists argue that extreme interrogation methods should be used if it saves lives.

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