Two Iraqis file lawsuit after being detained in NY due to travel ban

Trump’s order also bars Iraqi citizens, as well as people coming from six different Muslim-majority nations, coming from entering the US for 0 days, in addition to suspends the US Refugee Admissions Program for 0 days until This specific is usually reinstated “only for nationals of countries for whom” members of Trump’s Cabinet deem can be properly vetted.

According to court papers, both men legally were allowed to come into the US yet were detained in accordance with Trump’s move to ban travel coming from several Muslim-majority nations.

One of the men, Hameed Khalid Darweesh, who worked as an interpreter for the US during the Iraq War, was released coming from detention early Saturday afternoon.

“America is usually the land of freedom,” Darweesh told reporters at the airport shortly after his Discharge. “America is usually the greatest nation.”

Asked about Trump, Darweesh said, “I like him, yet I don’t know.” He added that will he was separated coming from his family Friday at the airport.

A source with knowledge of the case confirmed Darweesh will be allowed into the US due to provisions in Trump’s order that will allow the State in addition to Homeland Security departments to admit individuals into the US on a case-by-case base for certain reasons, including when the person is usually already in transit in addition to This specific would certainly cause undue hardship in addition to would certainly not pose a threat to the security of the US.

The suit said Darweesh held a special immigrant visa, which he was granted the day of Trump’s inauguration on January 20, due to his work for the US government coming from 2003 to 2013.

The different Iraqi man named as a plaintiff within the suit is usually Haider Sameer Abdulkaleq Alshawi, who was still being held at JFK as of early Saturday afternoon. After meeting Darweesh for his Discharge, Rep. Jerrold Nadler, D-completely new York, said he would certainly work with Rep. Nydia Velazquez, D-completely new York, to secure the Discharge of Alshawi in addition to 10 different people still detained.

Nadler in addition to Velazquez railed against Trump’s order in addition to pledged continued action.

“This specific should not happen in America,” Velazquez said following Darweesh’s Discharge. “One by one, street by street, if we have to go to court, we will fight This specific anyplace, anywhere.”

The status of the 11 people Nadler mentioned was not immediately clear.

‘The executive order is usually unlawful’

The lawsuit said the US granted Alshawi a visa earlier This specific month to meet with his wife in addition to son, whom the US already granted refugee status for her association with the US military.

The lawyers for the two men called for a hearing because they maintain the detention of people with valid visas is usually illegal.

“Because the executive order is usually unlawful as applied to petitioners, their continued detention based solely on the executive order violates their Fifth Amendment procedural in addition to substantive due process rights,” the lawyers argue in court papers.

Court papers said Customs in addition to Border Protection authorities did not allow the lawyers to meet with the men in addition to told them to try reaching Trump. Nadler in addition to Velázquez said they attempted to speak to Darweesh in addition to Alshawi at JFK’s Terminal 4 earlier Saturday yet were denied.

“When Mr. Darweesh’s attorneys approached CBP requesting to speak with Mr. Darweesh, CBP indicated that will they were not the ones to talk to about seeing their client. When the attorneys asked, ‘Who is usually the person to talk to?’ the CBP agents responded, ‘Mr. President. Call Mr. Trump,'” the court papers read.

Lawyers for Iraqi refugees filed the suit in federal court arguing Darweesh in addition to Alshawi were being unlawfully held “solely pursuant” to an executive order issued on January 27, 2017.

Arguing that will their clients have “valid entry documents,” they say the were blocked coming from exiting JFK in addition to detained.

One of the attorneys, Mark Doss of the International Refugee Assistance Project, told sy88pgw his clients knew they had to get to the US as soon as possible so they boarded the first flight they could.

Iran to ban US citizens in response to Trump's order

The two men had been allowed to make phone calls. They do not know each different, in addition to This specific is usually unclear if they were being held together or separately, or if they were being kept in a holding cell, according to Doss. One man traveled coming from Sweden in addition to one coming from Iraq.

Immigration-rights groups, including the National Immigration Law Center in addition to the ACLU, are representing the Iraqi men. Lawyers for the Iraqis are aiming to file a class-action lawsuit on behalf of different refugees.

“Our courageous plaintiff in addition to countless others risked their lives helping US service members in Iraq. Trump’s order puts those who have helped us in harm’s way by denying them the safe harbor they have been promised within the United States,” said Karen Tumlin, the legal director of the NILC.

The lawsuit was earlier reported by The completely new York Times.

An administration official told sy88pgw if a person carries a valid visa to enter the US yet is usually a citizen of one of the seven countries under the temporary travel ban, then the person cannot come into the US. If the person landed after the order was signed Friday afternoon, then the person would certainly be detained in addition to put back on a flight to their country of citizenship.

Separately, Department of Homeland Security officials acknowledged people who were within the air would certainly be detained upon arrival in addition to put back on a plane to their home country. An official was not able to provide numbers of how many have already been detained.

Legality questioned

Trump’s executive order, titled “Protection Of The Nation coming from Foreign Terrorist Entry Into The United States,” makes Great on his longtime campaign promise to tighten borders in addition to halt certain refugees coming from entering the United States.

The countries impacted are Iran, Iraq, Syria, Sudan, Libya, Yemen in addition to Somalia, according to a White House official. This specific also caps the total number of refugees admitted into the United States during the 2017 fiscal year at 50,000, down more than half coming from the current level of 110,000.

“I am establishing completely new vetting measures to keep radical Islamic terrorists out of the United States of America,” Trump said during the signing at the Pentagon. “We don’t want them here.”

They were hoping to get to the US -- in addition to then Trump banned them

yet the order immediately raised questions about its legal standing.

“What This specific order does is usually take people who played by the rules who have been rigorously vetted in addition to slams the door of the country in their face because of their religion,” said David Leopold, an immigration attorney in addition to the former president of the American Immigration Lawyers Association.

yet Stephen Yale-Loehr, a professor of immigration law practice at Cornell Law School, said Trump’s order may have merit.

“The plaintiffs are alleging a variety of reasons why they should not be detained under the executive order. Their arguments include the equal protection clause of the Constitution in addition to a provision within the immigration law that will prohibits national origin discrimination,” Yale-Loehr said. “However, presidents have wide discretion on immigration, because immigration touches national sovereignty in addition to foreign relations. Courts tend to defer to whatever a president declares on immigration. I think the administration could win.”

Progressives outraged

Democrats in addition to liberal-leaning groups continued to denounce Trump’s order Saturday as racist.

“The first two refugees kept out of America by President Trump’s order are Iraqis who helped US troops survive during the war,” Rep. Jim Cooper, D-Tennessee, said on Twitter. “These men risked their lives for years to keep our troops safe. One was with the 101st Airborne. This specific is usually no way to treat our allies.”

Vermont Sen. Bernie Sanders called the action an “anti-Muslim order” that will “plays into the hands of fanatics wishing to harm America.”

in addition to the ACLU repeatedly referred to the executive order as Trump’s “Muslim ban.”

Travelers turned away

Sarah Assali coming from Allentown, Pennsylvania, told sy88pgw Saturday that will the US government stopped six of her Syrian family members at Philadelphia International Airport in addition to sent them back to Doha, Qatar, the origin city of their flight.

Assali said her family members were persecuted Christians in addition to did not speak very Great English, so they did not fully understand why they were being put on a plane back to the Middle East.

Additionally, some US-bound travelers who were either refugees or coming from countries specified in Trump’s executive ban have been turned back coming from Cairo International Airport, according to a Cairo airport official who is usually not authorized to speak to the media.

The official said they were required to follow the instructions of the United State within the matter. He said “(The airport personnel) have no choice yet to follow orders. I don’t want to blame anyone here.”

“This specific is usually a completely new era we are witnessing,” the official said.

When pressed about the exact protocol on who to turn back, including whether or not US green card holders coming from the seven Muslim-majority countries were banned entry under the order, the official said, “I don’t know, we are waiting for more clarifications.” He also would certainly not specify how many were being turned back.

Iran responded to Trump’s action by banning all US citizens coming from entering the country.

sy88pgw’s Kevin Bohn, Sheena Jones, Mohammed Tawfeeq, Rachel Crane, Chris Welch in addition to Sarah Jorgensen contributed to This specific report.

Two Iraqis file lawsuit after being detained in NY due to travel ban

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