Judge Ann Donnelly GRANTED the ACLU’s Motion to Stay the POTUS Executive Order to deny and deport immigrants to the United States from seven primarily Muslim countries.
The Executive Order, signed January 27th, 207, is still in effect while the Judge prepares to hear and evaluate further argument on the constitutionality of the POTUS’ Order. Judge Donnelly’s Stay applies only to those already in the country and being held at airports. Nationals from the seven banned countries will still be unable to travel to the US.
But those who were under threat of deportation, already starting today, January 28th, 2017, are at least protected from deportation while the court hears their claims.
The Judge cited the following in support of her Order Staying the deportation of immigrants under the POTUS’ Order:
- “The petitioners have a strong likelihood of success in establishing that the removal of the petitioner and others similarly situated violates their rights to Due Process and Equal Protection guaranteed by the United States Constitution;”
- “There is imminent danger that, absent the stay of removal, there will be substantial and irreparable injury to refugees, visa-holders, and other individuals from nations subject to the January 27, 2017 Executive Order;”
- “The issuance of the stay of removal will not injure the other parties interested in the proceeding;”
- “It is appropriate and just that, pending completion of a hearing before the Court on the merits of the Petition, that the Respondents be enjoined and restrained from the commission of further acts and misconduct in violation of the Constitution as described in the Emergency Motion for Stay of Removal.”The ACLU has posted an article on their website also claiming the Executive Order violates the Establishment Clause of the U.S. Constitution.