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Two detained Iraqis in NY file suit against new travel ban
Lawyers for two Iraqis with ties to the US military who had been granted visas to enter the United States have filed a lawsuit against President Donald Trump and the US government after they were detained when they arrived in New York Friday.

The lawsuit could represent the first legal challenge to Trump's controversial executive order, which indefinitely suspends admissions for Syrian refugees and limits the flow of other refugees into the United States by instituting what the President has called "extreme vetting" of immigrants.

Trump's order also bars Iraqi citizens, as well as people from six other Muslim-majority nations, from entering the US for 90 days, and suspends the US Refugee Admissions Program for 120 days until it is reinstated "only for nationals of countries for whom" members of Trump's Cabinet deem can be properly vetted.

According to court papers, both men legally were allowed to come into the US but were detained in accordance with Trump's move to ban travel from several Muslim-majority nations. One of the men, Hameed Khalid Darweesh, who worked as an interpreter for the US during the Iraq War, was released from detention early Saturday afternoon.

"America is the land of freedom," Darweesh told reporters at the airport shortly after his release. "America is the greatest nation."

Asked about Trump, Darweesh said, "I like him, but I don't know." He added that he was separated from his family Friday at the airport.

A source with knowledge of the case confirmed Darweesh will be allowed into the US due to provisions in Trump's order that allow the State and Homeland Security departments to admit individuals into the US on a case-by-case base for certain reasons, including when the person is already in transit and it would cause undue hardship and would not pose a threat to the security of the US.
Oh, so it's not a complete ban, and after review he was allowed to enter the country. What's his standing in a lawsuit again?
The other Iraqi man named as a plaintiff in the suit is Haider Sameer Abdulkaleq Alshawi, who was still being held at JFK as of early Saturday afternoon.

The lawsuit said the US granted Alshawi a visa earlier this month to meet with his wife and son, whom the US already granted refugee status for her association with the US military. The lawyers for the two men called for a hearing because they maintain the detention of people with valid visas is illegal.

"Because the executive order is unlawful as applied to petitioners, their continued detention based solely on the executive order violates their Fifth Amendment procedural and substantive due process rights," the lawyers argue in court papers.
Um no, read the fine print on a visa. The government always has the right to modify or cancel a visa. It's been that way forever.

More outrage and progressive tears at the link...

Posted by: Steve White 2017-01-29
http://www.rantburg.com/poparticle.php?ID=479831