“Stay is granted”


Call it a small step back towards normalcy.

The Federal Court in the Eastern District of New York (with jurisdiction over Queens where New York’s JFK airport is located) issued an emergency and temporary stay  late Saturday night, blocking enforcement of the Executive Order banning entry for visa and green card holders from seven countries seeking to enter the United States. Full details are still developing in terms of who is covered and what the broader impact is but, at least for now, a few travelers who were already airborne at the time the Order took effect and who were being detained indefinitely as a result are being granted admission to the USA based on their previously issued credentials.

The filing specifically names two people being detained at JFK, both Iraqi citizens who previously provided services to the US government or affiliated organizations and who believe they are being targeted and fear for their lives should they return to Iraq. It also seeks class action status on behalf of all others currently being detained at airports in similar situations. It is unclear if the grant of a stay will eventually apply to the whole class though that appears likely.

Read more: Welcome to the United States of Racism. Well, maybe not you . . .

This is just a small step forward. The class is only those currently at US airports being detained. It does not – as best as I can tell – apply to those not on US soil and being detained by CBP officials. I expect that similar suits on behalf of members of that class will soon be filed. Or maybe this one suit is enough to push the issue forward such that we can get a Supreme Court ruling on the Executive Order and whether it is legal and can be enforced.

Either way, the expected repercussions of the Order have begun. Earlier today Iran retaliated, indicating that no visas will be issued to US citizens based on the current US policy. Recently there were challenges for US citizens in receiving visas but those had mostly cleared up. Until this debacle unfolded, encouraging Iran to implement a formal block.

 

 

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Seth Miller

I'm Seth, also known as the Wandering Aramean. I was bit by the travel bug 30 years ago and there's no sign of a cure. I fly ~200,000 miles annually; these are my stories. You can connect with me on Twitter, Facebook, LinkedIn and .

33 Comments

  1. Do fuck off you miserable cunt. Class action status for those outside the country? They have no rights you miserable cock gobbler.

    1. I understand that reading comprehension can be challenging, but please try again. This is about people on US soil, not those outside the country. At least right now. And I was pretty clear about that in the post. Explicit, really.

    2. Fred. You probably would have been one of the nazi soldiers just following orders at a concentration camp had you been born in a different place at a different time.

    3. @ Fred

      Is this really necessary? What position do you support and what is the reasoning behind it? Honest and well-meaning people can have very different views.

      @ Anthony

      Uh … not any better.

  2. This crazy real time breaking news drama is just insane, amazing, I can’t believe the level of drama and intensity of personal effects it had. This is the new world.

  3. Thank you for your commentary on this. It’s disgusting that people are talking about their neiman Marcus portal claw backs while travelers rights are being stripped. I’m disappointed but not surprised

    1. I completely agree. I know you welcome posts that disagree with you, but vulgar, profane posts delegitimize this as a forum for thoughtful discussion, whatever their views.

      Let’s hope the courts play their role and aren’t intimidated by a would-be Putin figure wanting to make end runs around the laws and Constitution.

  4. Hey Fred, you uneducated, rude, racist Trump supporter with no compassion, no soul or decency… please understand this…

    By your words it is clear you are a pathetic loser angry at the world because for sure you have NOONE that loves you or respects you, that you have to lash out at humanity. You are the very personification of what is wrong with the world.

    You’re truly pathetic. It will be the best for the planet that you go away very soon.

  5. This is a great first step. This executive order was shameful, and I hope it is found to be illegal. A

    And hoping not to wake up to ranting tweets from the Donald about “crooked unAmerican judges”!

    1. Unfortunately it appears that DHS is choosing to ignore the stay, at least in some airports. I am not sufficiently versed in the law to know what the impact of that is for either the front-line employees or the department heads but things are going to be crazy for some time to come.

  6. Seth, I understand your concern & passion, but I am disappointed that your site seems to have evolved into a social & political commentary.
    Please consider deleting the vulgar posts. Thx.

  7. Seth, reason we all play the miles, points, Manufactured Spending, gift card reselling is because we can travel the world for free (almost free) and in luxury (first class) Travel allows us to visit other countries, understand different cultures, people. So your social & political commentary is really important and allows us all to look at the big picture.

  8. Normally I prefer that travel blogs steer clear of political commentary. But this is not normal times. We’re on the brink of a global calamity, and those of us who are sane must speak out constantly.

    1. @ Ed

      A bit over the top, eh?

      I, too, generally prefer my travel readings to be devoid of political commentary, but this is relevant from a travel perspective.

      Not normal times … global calamity … inferring others with a differing viewpoint are not sane? I’m not sure that these are totally rational assertions.

      Nothing wrong with vigilance, whether the government is on the left, right, or somewhere in between.

  9. One activist judge is brooklyn changes nothing. Foreigners not in the US don’t have constitutional rights.

      1. Don’t worry; we’ll have a fully loaded Supreme Court to deal with you liberal assholes soon enough.

  10. Like Trump says Americans will determine who can enter the country, not those globalists or illegal aliens. How else are the ones following the rule rewarded?

    1. Americans did determine that these people were eligible. Revoking that after the fact – and especially after many served as translators or facilitators for US military efforts is cowardly and inhumane.

      Also, probably illegal.

  11. This ban on green card holders and people with visas is un-American. And as a traveler, I expect my life will become more difficult as other countries reciprocate with bans of their own.

    I have wondered what I would have done had I been living in Germany in 1938. Would I have been smart enough to leave before I became a target?

  12. Seth while at best this executive order was incompetently thought out, don’t you think the outrage is a bit selective? Where were you and most of the rest of the outraged when we implemented regime change in Libya with no authorization from congress? The fact that it even occurred after the lesson Bush taught is simply mind boggling. So was the lack of push back against Obama.

  13. Thanks Seth, for posting info on the immigrant visa issues arising since DJT’s crazy pronouncement on Friday. The changes being enacted in just 1 week are definitely not the America I voted for, & if you can, ignore or block the bigots, at least from your blog, if not your life.

  14. your post is very relevant to our travel since other countries will no doubt reciprocate … please keep such information coming. as for the stay, it’s only for seven days and allows them to remain in a holding facility, not enter the US … still, it’s a start. @ fred: please tell us you’re not a real person

  15. There is still a lot we don’t know, but what we do know is that someone is not telling the truth about this travel ban.

    Rudy Giuliani told the press that Trump asked him to devise a way to make a Muslim ban legal, and he says he headed up a team that created this executive order.

    Spokespeople for the White House tell a different tale tonight.

    Who is telling the truth?

    Considering the amazing quantity that White House staff have been leaking to reporters, we may very well know in the next day or two.

    Appalling governance, but fascinating, too.

    It usually takes years for a President to reach the low level of popularity that Trump has managed to reach in just 8 days! Well done, Mr. President!

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