Trump travel ban starts to unravel
60,000 now free to fly after new ruling by federal judge
NEW YORK // Donald Trump’s controversial travel ban began to unravel yesterday after a federal judge in Seattle, Washington, effectively overturned it. The US president denounced “the opinion of this so- called judge” and said it would be contested. Nevertheless, federal agencies moved swiftly to implement the judge’s ruling. The State Department said 60,000 revoked visas were now valid for travel, and the Department of Homeland Security authorised airlines to allow passengers from the seven affected countries who held valid visas to board flights to the US.
Volunteer lawyers at JFK airport in New York scrambled to unravel the implications of the latest twist after the president executive order on January 27 to bar entry to all travellers from Iran, Iraq, Syria, Sudan, Somalia, Yemen and Libya.
Renee Paradis, one of the or- ganisers of the effort, said they were still trying to verify what the legal ruling meant for passengers who had been deported. Different airlines were also sending different messages about who they would accept for travel, she said. “But we are now pretty convinced these people are going to be able to get through.”
The arrivals hall in terminal four remained quiet despite the arrival of flights from Abu Dhabi and Dubai, a sign that many travellers were waiting for more reassurance.
Etihad Airways, Emirates, Qatar Airways and Royal Jordanian said they were again accepting passengers with valid US travel documents. US airlines were told that Homeland Security was immediately reverting to the operating procedures from before the executive order.
“Acceptance will naturally be subject to checks completed by US authorities as existed prior to the issuance of the executive order on January 27,” Etihad said. US border officials in Abu Dhabi carry out screenings before passengers board US-bound flights under an existing passport and customs clearance programme.
The latest setback to Mr Trump’s attempt to temporarily halt all arrivals from the seven countries was delivered by a judge in Seattle on Friday night.
Several US courts have rolled back aspects of the suspensions – allowing in green card holders or Iraqis who had worked for the American military, for example – but the ruling in Seattle was the first to test the broad constitutionality of the executive order.
Judge James Robart explicitly made his ruling apply across the US, while other judges facing similar cases have so far issued orders concerning only specific individuals.
The judge said he was granting a restraining order because the Washington state attorney general was likely to eventually win his claim that Mr Trump’s order was unconstitutional. The debacle has prompted a series of protests at Mr Trump’s presidency, beginning when he signed the executive order eight days ago. It has raised awkward questions about whether his politically inexperienced team understands the limits of its power and the legal challenges it faces.
Mr Trump reacted to the judgment with a personal attack on Mr Robart.
“The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!” he said on social media. Campaign groups welcomed the ruling and urged visa holders to book flights immediately.
Becca Heller, director of the International Refugee Assistance Project, said: “We encourage all US visa holders who have been affected by the order to travel to the United States as soon as possible, while the stay is in place.”
The legal wrangling has left people from the affected coun- tries confused about whether to risk making travel plans.
One young Syrian described the uncertainty as he waited for a relative to arrive on the first flight of the day from Abu Dhabi to New York’s JFK airport.
His brother-in-law had a green card but had delayed his return to the US until he was certain he would be permitted entry. On the other hand his father-in-law, who had a family visa issued just five days before the ban was imposed, was stuck in Homs waiting for assurances that he would not be turned around and deported – an expensive waste of an airline ticket and a visa.
“If they leave today they are not getting here until Monday and everything could change again before then,” he said. He flicked through an email on his phone from the US embassy in Jordan as he waited.
“The provisional revocation of visas provisionally affected by the order has been lifted and those visas are now valid for travel,” it said, although the situation was “fluid” and future court decisions “may further change” how the executive order was implemented.
Beside him a volunteer held a placard reading: “Are you in need of legal help? Have you seen anyone be detained?”
Lawyers who have been helping travellers navigate the chaos said they were still trying to get information from border officials and airline staff about how travellers would be treated and whether passengers deported with a note in their passport would be readmitted with the same documents.
‘ We encourage all visa holders who have been affected by the order to travel to the United States as soon as possible, while the stay is in place Becca Heller International Refugee Assistance Project director