Federal Judge blocks Trump refugee order
A federal judge has partially blocked an order President Donald Trump issued in October suspending admission of refugees from 11 countries, most of which are majority Muslim.
After a previous decision, President Donald Trump blasted the judge in the case as a “so-called judge.” | Brendan Smialowski/AFP/Getty Images
U.S. District Court Judge James Robart issued a nationwide preliminary injunctionSaturday afternoon that prevents the administration from halting or diverting resources from refugee applications brought on behalf of family members of immigrants already in the U.S.
The injunction does not provide relief for refugees who lack a “bona fide relationship” with individuals, businesses or schools in the U.S.
The Seattle-based judge, who was appointed by President George W. Bush, said Trump’s October orderviolated provisions in immigration laws passed by Congress governing criteria and procedures for admission of refugees.
“Congress set forth the specific statutory elements that individuals must satisfy to be admitted as a refugee,” Robart wrote in his 65-page order. “Congress also specified criteria as to who would be excluded from the definition … By either prohibiting refugees from [the selected] countries from participating in [the U.S. Refugee Admissions Program] or by grafting on the additional requirement that refugees from [those] countries must also ‘fulfill critical foreign policy interests’ to qualify, the agencies impermissibly redefine the term ‘refugee.'”
Robart also said the policy changes Trump sought to impose should have been published for notice and comment from the public before they were implemented.
The Trump administration declined to publicly identify the countries affected, but experts said they are Egypt, Iran, Iraq, Libya, Mali, North Korea, Somalia, South Sudan, Sudan, Syria and Yemen. All except for North Korea and South Sudan are majority Muslim.
Government lawyers litigating the case acknowledged that officials had “completely stopped processing” so-called follow-to-join refugee applications, except for those handled at centers in Kenya and Thailand.
Lauren Ehrsam, a spokeswoman for the Justice Department, said: “We disagree with the Court’s ruling and are currently evaluating the next steps.”
The State Department had no immediate comment on the ruling. A spokesman for the Department of Homeland Security did not immediately respond to requests for comment Saturday evening.
In February, Robart gained attention for issuing a nationwide injunction against Trump’s first travel ban executive order.
That decision prompted Trump to blast Robart as a “so-called judge.”
“The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!” Trump tweeted at the time, unleashing criticism that he was not showing proper respect for the judiciary.
A federal appeals court declined to lift Robart’s ruling. The Trump administration later withdrew that order and reformulated it.
The pair of refugee-focused lawsuits Robart ruled on Saturday were brought by the American Civil Liberties Union, Jewish Family Services chapters, the International Refugee Assistance Project, the National Immigration Law Center and HIAS, a Jewish charity that protects refugees.
“This Administration has attacked refugee resettlement since the first issuance of the Muslim ban, leaving vulnerable refugees left in limbo. This ruling brings relief to thousands of refugees in precarious situations in the Middle East and East Africa, as well as to refugees already in the U.S. who are trying to reunite with their spouses and children,” IRAP’s Mariko Hirose said.
“We are thrilled that families will have the chance to be reunited and refugees who have suffered so much will have the chance to make it to safety. As we celebrate this moment, we remember our ancestors who did not have anyone standing with them or for them,” added Rabbi Will Berkovitz of the Seattle branch of Jewish Family Services.
Source:.politico.com