What the Four Federal Court Rulings Against Trump’s Ban Actually Say in non-Lawyer-Speak

Urgent update 8pm Fri, Feb. 3:

—-

Summarized from Rekha Sharma-Crawford‎’s awesome 1 hour crash course in Immigration Law plus information from Huffington Post’s “Court Temporarily Blocks Parts Of Trump’s Syrian Refugee And Travel Ban” and The Verge’s “In the last 24 hours, four federal courts have ruled on Trump’s immigration ban“.

The 4 District Court Orders:

Dulles (Virginia): order available here.

Applies to green card holders: For the next 7 days, if you are a lawful green card holder:

  • you cannot be deported (sent away from the U.S.A.) and
  • you have a right to counsel (the right to speak to an attorney)

However, the Dulles order does not necessarily state that you must be released from custody, meaning that the Dulles Airport Customs and Border Patrol officials could keep you in the airport  (there’s a strong argument though that the order says you should be released to enter the U.S.A.)

Boston: order available here.

Applies to individuals who show up to the U.S.A. with a valid visa: For the next 7 days, if you have a valid U.S.A. visa (no matter what type):

  • you cannot be detained by Customs and Border Patrol
  • you cannot be removed from the U.S.A.

New York: order available here.

This is a class action which applies to individuals with approved refugee applications, holders of valid immigrant and non-immigrant visas, and other individuals from the 7 countries legally authorized to enter the U.S.A. (basically everyone who might be affected by Trump’s Ban and who lands anywhere in the U.S.A.)

Until the class action is heard on the merits – that is, until both sides have a chance to fully argue all of the issues before a Judge, which could be more or less than the 7 days the other orders are valid for – if you are legally authorized to enter the U.S.A.:

  • You cannot be removed from the U.S.A.

However, it’s been reported that Customs and Border Patrol is not adhering to this order and is removing individuals from the U.S.A.

Washington: order available here.

Applies to lawful permanent residents, citizens, visa-holders, approved refugees, and other individuals subject to the Jan. 27, 2017 Executive order. For the next 7 days, if you fall into this category:

    • you cannot be removed from the U.S.A.

Secondary screening by Customs and Border Patrol must be limited

    to comply with the law (read: screening cannot go on and on for hours on end)
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