U.S. District Court Judge Nathaniel M. Gorton is expected to decide Friday whether to extend a temporary restraining order barring the U.S. government from enforcing parts of President Donald Trump's order on immigrants and refugees.
BOSTON - U.S. District Court Judge Nathaniel M. Gorton is expected to decide Friday whether to extend a temporary restraining order barring the U.S. government from enforcing parts of President Donald Trump's order on immigrants and refugees.
Trump's order bars travel into the U.S. for 90 days by non-U.S. citizens from seven predominantly Muslim countries: Iran, Iraq, Syria, Sudan, Libya, Yemen and Somalia. It suspends the admission of all refugees for 120 days and Syrian refugees indefinitely.
Carol Rose, executive director of the Massachusetts ACLU, which filed the lawsuit along with private attorneys, said the plaintiffs will be asking the judge to keep in place the current stay to "stop Trump's executive order and Muslim ban in its tracks."
Last Sunday morning, a federal judge in Boston issued an emergency seven-day stay delaying Trump's order from going into effect. However, the stay has been unevenly enforced, with most airlines continuing to bar travel from these countries since the U.S. government revoked the visas of travelers before the court order was issued.
Rose said airlines are experiencing a "tremendous amount of confusion," and the ACLU will be asking the court to take steps to make sure its order is enforced and travelers are let into the U.S.
Attorneys for the U.S. government argued in a court brief that since all the plaintiffs are already in the United States, the judge should let the emergency seven-day injunction expire and consider whether to issue a broader preliminary injunction on a slower time frame.
The U.S. attorneys cite "longstanding judicial doctrines granting the political branches broad power to control the admission of aliens into the United States."
Rose responded, "The government has broad power over immigration. They don't have power to violate the Constitution." The plaintiffs argue that the order was voted by religious animus against Muslims and violates the freedom of religion, due process and equal protection clauses of the U.S. Constitution.
Attorney General Maura Healey has also intervened in the case on behalf of the state of Massachusetts and the University of Massachusetts.
Carol Starkey, president of the Boston Bar Association, said her organization has filed a brief supporting Healey's intervention.
Starkey attended the court hearing to support Healey and "to support the demonstration of harm to our permanent residents - our neighbors, our scientists...some of the biggest companies in technology and industry... who have scientists, colleagues, professors, academics friends who are restricted in their travel because of those order."