This case challenges President Trump’s Muslim ban. The lead plaintiffs have been detained by the U.S. government and threatened with deportation even though they have valid visas to enter the United States. One plaintiff, Hameed Darweesh, an Iraqi husband and father of three, worked for the U.S. military and his life was in danger in Iraq due to that relationship. The other plaintiff’s wife and son were threatened because of their perceived ties to the United States. U.S. Customs and Border Protection detained both men in JFK Airport in New York as they entered the country.
Their continued detention based solely on the executive order violates their Fifth Amendment procedural and substantive due process rights as well as U.S. immigration statutes. Their detention is part of a widespread pattern applied to many refugees and other foreign-born visitors and immigrants arriving in the United States since the executive order was issued on January 27, 2017.
Counsel for plaintiffs are the American Civil Liberties Union, the International Refugee Assistance Project at the Urban Justice Center, the National Immigration Law Center, Yale Law School’s Jerome N. Frank Legal Services Organization and the firm Kilpatrick Townsend & Stockton.
UPDATE: During a February 2 status conference, a federal judge extended the emergency stay until February 21.
Emergency Stay ExtendedFebruary 2, 2017
During a February 2 status conference, a federal judge extended the emergency stay until February 21.
Temporary Injunction GrantedJanuary 28, 2017
A federal judge granted the American Civil Liberties Union’s request for a nationwide temporary injunction that will block the deportation of all people stranded in U.S. airports under President Trump’s new Muslim ban.