US judge grants nationwide temporary restraining order on 'Muslim ban'

Trump's Muslim ban faces another legal setback from federal judge in Seattle

Trump with Michael Flynn and Steve Bannon (Reuters)

Saturday 4 February 2017 

A US federal judge in Seattle on Friday granted a nationwide temporary restraining order on President Donald Trump's executive order made last week that temporarily barred entry to the United States to citizens of seven Muslim-majority countries.

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The ruling is the broadest to date against Trump's directive.

Several federal judges had suspended different provisions of the presidential action, which has become known as a Muslim ban.

The challenge was brought by the state of Washington and later joined by the state of Minnesota.

US District Judge James Robart in Seattle ruled that the states have legal standing to sue, which may help Democratic attorneys general take on Trump in court on issues beyond immigration.

"It's a wonderful day for the rule of law in this country," said Washington state Solicitor General Noah Purcell.

The decision came on a day that attorneys from four states were in courts challenging the executive order. Trump's administration justified the action on national security grounds, but opponents labeled it an unconstitutional order targeting people based on religious beliefs.

Earlier on Friday, a federal judge in Boston declined to extend a temporary restraining order that allowed some immigrants into the United States from certain countries in spite of being barred by the executive order.

But in Detroit, a judge ruled against parts of the order, which suspended the admission of all refugees and citizens of Iran, Iraq, Syria, Yemen, Somalia, Sudan and Libya attempting to travel to the United states.

US Judge Victoria Roberts ordered that permanent residents cannot be denied entry. The lawsuit was brought by the Arab American Civil Rights League (ACRL).

Although the administration had issued on Wednesday new guidelines that would exempt green card holders from the ban, Nabih Ayad, the ACRL’s lead attorney, said the ruling from Detroit is important.

He said it ensures indefinitely that permanent residents from any country can leave and return to the United States.

“It says for all green card holders across this world, you can come back to the United States; you can travel freely,” Ayad told Middle East Eye. “It would be a violation of the federal court order if the customs or Department of Homeland Security denies you entry.”

The ACRL attorney said the ruling calms the anxiety of permanent residents who do not trust the White House. He added that the court order also prevents the administration from changing the rules.

As for the Seattle court decision, Ayad explained that it puts a temporary stay on the executive order until the court allows further arguments.

“We really don’t know the effects of it as it stands right now,” he said.

More than 100,000 visas issued to citizens of the seven nations have been revoked.

A judge can reinstate those visas, according to Ayad.

“Executive orders are pretty powerful actions by the president,” Ayad told Middle East Eye. “However, as we have been arguing, these executive orders cannot trump the Constitution. Trump does not Trump the Constitution.”

The ACRL’s lawsuit asks the judge to reinstate immigration visas, which turn travelers into legal permanent residents upon admission into the United States. 

US Congresswoman Debbie Dingell, a Democrat whose district in Michigan is home to large Arab and Muslim communities, welcomed the ruling in Detroit.

"Today’s action by the federal court in Michigan is further evidence that President Trump’s Executive Order runs contrary to the Constitution of the United States," Dingell said in a statement. "Within 24 hours of the initial Order, judges across the country issued injunctions to prevent further harm to lawful permanent residents and other visa holders entering the US, but people remain scared and confused."

In Virginia, a federal judge on Friday ordered the White House to provide a list of all people stopped from entering the United States by the travel ban.