The temporary restraining order, issued late Tuesday by U.S. District Judge Andre Birotte Jr., allows more than two dozen people from Yemen to fly into Los Angeles International Airport from Djibouti, an African country near Yemen where they were stopped from boarding an LAX-bound flight over the weekend.
But the order also extended beyond the roughly two dozen plaintiffs, with Birotte also barring immigration officials at LAX from blocking the entry of any person from the seven countries included in Trump’s order, as long as they have valid immigrant visas.
The plaintiffs “have shown that they are likely to succeed on the merits of claims that would entitle them to relief,” Birotte wrote in the order, noting that the injunction is “in the public interest.”
The court scheduled a hearing on the matter for Feb. 10, at which time the judge could issue further orders and may make his temporary order permanent.
“It’s comforting to see a federal judge issuing this order and following the U.S. Constitution and the rule of law,” said Neal Zaslavsky, a West Hollywood attorney who is among several lawyers working on the case.
The ruling, while similar to orders issued by judges in Seattle and elsewhere, applies to a lawsuit filed Tuesday under seal in federal court in Los Angeles on behalf of 28 plaintiffs who are United States citizens of Yemeni descent and their family members.
“These people have a right to come here,” Zaslavsky said. “They were refused boarding because of the Trump order.”
Plaintiffs’ attorneys contend that Trump’s executive order violates equal protection, due process and other constitutional protections. The order singles out Muslims, but allows Christians to come into the United States from Syria, Iran, Libya, Iraq, Sudan, Somalia and Yemen.
Trump’s immigration ban is scheduled to last 90 days. The order also suspended refugee admissions from all countries for 120 days pending a review of the program.
Zaslavsky said the plaintiffs are still in Africa while attorneys there attempt to use Birotte’s order to convince the airline to allow them to board a flight which would ultimately bring them to Los Angeles.
The White House has defended Trump’s order as national security effort aimed at securing the country’s borders.
“Coming into this country is still a privilege,” White House press secretary Sean Spicer said earlier this week. “We’re the greatest country on Earth. Being able to come to America is a privilege, not a right. And it is our duty and it’s the president’s goal to make sure that everybody who comes into this country — to the best of our ability — is here because they want to enjoy this country and come in peacefully.”
Previous related stories:
Trump signs executive order on border wall, CA officials and activists react
Groups vilify county officials for backing DAPA, DACA
L.A. County to establish Office of Immigrant Affairs
County approves $3 million in contributions for legal aid fund
County to seek legal aid for immigrants facing deportation
L.A. County officials push back against threats of deportation
CA university leaders urge Trump to keep DACA program
L.A. County Supervisor calls for immigrant protections
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callingitasitis says
https://travel.state.gov/content/visas/en/general/frequently-asked-questions.html
How can I find out how long I am authorized to stay in the United States?
A visa does not guarantee entry into the United States, but allows a foreign citizen coming from abroad, to travel to the United States port-of entry (generally an airport or land border) and request permission to enter the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States, and determine how long a traveler may stay. At the port of entry, upon granting entry to the United States, the Department of Homeland Security, U.S. immigration inspector, provides you an admission stamp or paper Form I-94, Arrival/Departure Record in your passport. On this admission stamp or paper Form I-94, the U.S. immigration inspector records either a date or “D/S” (duration of status). If your admission stamp or paper Form I-94 contains a specific date, then that is the date by which you must leave the United States. Your admission stamp or paper Form I-94 is very important to keep in your passport, since it shows your permission to be in the United States. Review information about Admission on the CBP Website. Also, see Duration of Stay.
please take a read at the above website
Uncle Sam says
https://www.whitehouse.gov/the-press-office/2017/01/27/executive-order-protecting-nation-foreign-terrorist-entry-united-states
Here is Trump’s EO, there is nothing about stopping Muslims and allowing Christians to come.
Most important – citizens of 40+ Muslim dominated countries still can come to USA, so Trump’s EO has nothing to do with religion.
Uncle Sam says
TSA people aren’t the brightest.. as dumb as it gets.
Why would they deny entry for US citizens??
SICK. says
Thank you TRUMP.
You’re here illegally you have no right . to STAY
You're a fool. says
Hahahaha this isn’t about illegal immigration, moron. Go learn some basic English LMFAO.
Debbie says
Trump is just trying to make America safe again. We have ISIS camps all over America. There is no reason why anybody should not have to go through proper channels. Trump is just trying to keep the illegal criminals out of here.If any of you believe anything else you have a screw loose!!!!!
William says
Safe??? Dear Debbie
When he gets rid of the ACA, it will likely cost 10s of thousands of Americans their lives if they are thrown off their current health insurance and can’t get the appropriate treatments.
And, you pretend to care about ‘safety’. What was that about loose screws, Debbie?
Laughing says
Camps all over? I have not tripped on one yet. Tripped over a few meth labs, several compounds of survivalists, and just some good ole’ boys out lettin’ off steam. But no ISIL camps.
Tim Scott says
“ISIS camps all over America”? That’s just too far out there to do anything but laugh. Even a tight chinstrap on a tinfoil hat can’t cut off THAT much oxygen to the brain.
10dog says
These are the kind of Judges that need to be fired?
Deplorabledave says
“These people have a right to come here”? Well, if they fall under the very narrow confines of DTs executive order, they don’t have the right to come here. Judge, you’re fired,
Tim Scott says
Well, given that Dingbat Donny’s executive order is so poorly constructed that it is basically impossible to implement without allowing low level functionaries to randomly make decisions that are proving to frequently be unconstitutional there’s really no saying whether these people have such a right or not. That’s what happens when you have a media mogul whip out what is supposed to be a legal document on a cocktail napkin and try to pass it off as executive action. This thing is such a hash up that it can’t even be effectively argued in court, much less sustained.
Read all, don't pick and choose says
If you read everything instead of just selectively picking what you want to notice…… these people in the lawsuit are US citizens. They have a right to be here.
Laughing says
I read it differently, the visa holders are relatives of US citizens that made statements on their behalf.
Tim Scott says
The problem is that they are, in fact, visa holders. This is typical Trump.
The United States issues someone a visa. In effect, that is a contract. That person spends money, time, and other assets based on that contract, getting ready to move halfway across the planet.. Then Dingbat Don, on behalf of the United States, arbitrarily voids that contract “just because.”
There is no surprise here. This is exactly how he ran his business. His company hires contractors and then after the work is done decides not to pay them. We have elected a government that will renege on any agreement at any time, and they are reneging on agreements randomly.
Quit crying and look in the mirror. We did this to ourselves.
citizens yes says
and I read this, “The ruling, while similar to orders issued by judges in Seattle and elsewhere, applies to a lawsuit filed Tuesday under seal in federal court in Los Angeles on behalf of 28 plaintiffs who are United States citizens of Yemeni descent and their family members.” The citizens should most definitely be allowed to enter. The family members, no, if they are not citizens.
Tim Scott says
Then they shouldn’t have been granted visas. That’s the thing here, people who were granted a visa and arranged their entire life around moving halfway across the globe shouldn’t be told “Oh, hey, that visa you counted on was issued by a country that sometimes just reneges on a whim.”
But that is standard Trump. Contractor does a job for his business? “Oh, hey, we’ve just decided that we only want to pay you half.” He is going to drag the nation into the same sort of zero credibility hole he dragged his business into, and we’ll be lucky if he spawns fewer than the every other day lawsuits that he spawned there.
Laughing says
The lawyer made that statement, not the judge. The judge made a ruling based on laws, situational awareness of the visa holders (based on interviews, attorneys statements and statements from family members that are legal citizens), and it is a Federal judges job to make sure the President is kept in check if needed. This is why we have three branches of government and not just a king.