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Numerous detentions go beyond letter of Muslim Travel Ban Executive Order

We’re seeing a lot of legally ungrounded detentions and expulsions of international travelers in and around Donald Trump’s Executive Order 13769 imposing a travel ban on residents of seven Muslim countries. Here’s a brief list:

  • Prior to the January 27 Executive Order, multiple valid visas were abruptly canceled by the Department of Homeland Security, The Intercept reports: “Valid visa holders were suddenly being prevented from re-entering the country after taking trips abroad … The impacted individuals whose files the official reviewed included a young mother of a U.S. citizen child and students at some of the nation’s top universities who had been publicly recognized for their outstanding achievement. These students had already undergone rigorous U.S. government vetting before being admitted to the country, and had only traveled abroad briefly over their winter break.”
    These cancellations were imposed suddenly and the surprised visa holders were punished, the official is quoted as saying, “More disturbing, in some cases the individuals were allowed to board flights for the United States not knowing their visas had been terminated. They were only informed when they attempted to use their visas to seek admission and were denied. Even though they were ignorant of the termination, they were still charged with violating U.S. immigration law and given a five-year ban to future admission.”
  • The pattern of border officials threatening visa holders with punishment for violating immigration law continued on Saturday, January 28, as the Order began to be implemented upon people who had begun their journeys before it even existed. Cleveland Clinic medical intern Suha Abushamma, an MD from Sudan, was told she faced deportation and five-year ban from the United States unless she signed a document relinquishing her H-1B visa, according multiple press reports. UAE national and doctor Amer Al Homssi likewise had his visa cancelled upon arrival to O’Hare; the United Arab Emirates is not on the travel ban list. Al Homssi’s exclusion was reversed on February 1 as his lawyers appeared in court to press his case. Coerced departures were common at JFK as of Sunday, according to Becca Heller of the International Refugee Assistance Project, “Rogue customs and Border Patrol agents continue to try to get people on to planes. A lot of people have been handcuffed, a lot of people who don’t speak English are being coerced into taking involuntary departures.”
  • Court orders enjoining enforcement of the travel ban have been ignored by the government.
    • Abushamma’s removal came after Judge Ann Donnelly’s stay and the judge’s insistence that “nobody is to be removed in this class [i.e., those covered by the class action suit], okay?”
    • Four Democratic members of Congress were unable to compel authorities at Dulles Airport to comply with the court order on January 28.
  • Extended questioning of arrivals continued on Monday, January 30 at O’Hare airport despite court orders, with the Chicago Tribune reporting that 40 to 50 people were detained for hours.
  • Mohammad Abu Khadra, a sixteen-year-old Jordanian visa holder who sometimes lives with his family in Katy, Texas, has been detained since his January 28 arrival at Houston Intercontinental airport. (Jordan isn’t on the travel ban list.) On January 30, he was transferred to an Office of Refugee Resettlement facility in Chicago. He was first able to speak with his lawyers on February 1, and they now expect him to be detained for up to a month. He “is allowed to talk to his family twice a week for 10 minutes on the phone now that he’s been processed” according to his immigration attorney. There have been intimations in the press that he may be detained now because of a mismatch between his tourist visa and his taking English classes at a Texas high school. Khadra was released to his family on Febuary 13; his future visa status is unresolved. Representative Shirley Jackson Lee held a press conference advocating him upon his release. [Updated February 13]

In short, the Department of Homeland Security is coloring outside of the lines of the Executive Order, in the direction of a general process of arbitrary detention of foreign Muslims. Unfortunately, I fear I may be updating this list for some time to come.

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Narrow Road to Prosecuting Police for Killings; A Wall Blocks Murder Convictions

With the November 16 indictment of Jeronimo Yanez for the shooting death of Philando Castile during a traffic stop in Falcon Height, Minnesota, there have now been twelve police officers criminally charged for shooting civilians on duty in 2016. Eighteen more were charged in 2015, reports Jennifer Bjorhus in the Minneapolis Star Tribune. Her reporting draws on the media monitoring and data collection of Philip Stinson, a criminologist at Bowling Green State University. Stinson has been chronicling this data since 2005, using systematic Google News searches, one part of a wide-ranging inquiry into police misconduct that can be seen in his many publications. (A 538 interview describes his work.) The thirty indictments in the last 23 months have come at a much faster pace than the 48 indictments Stinson has counted in the previous ten years, 2005-14.

Data sources: Prior to the emergence of Black Lives Matter, there was little appetite in the news media or government agencies for this kind of data, but news organizations have stepped in to the vacuum: The Guardian produces “The Counted,” a tabulation of all police killings and the Washington Post maintains “Fatal Force” chronicling deadly police shootings. Shamed by the lack of official data, the US Department of Justice announced plans to begin keeping a database of deaths in police custody and deadly police violent force in 2016, although it would rely on voluntary self-reporting for the latter. It is unclear if a Jeff Sessions-led Justice Department would continue this initiative.

Murder convictions remain elusive: The 78 indictments since 2005 have yielded 27 convictions. However, just one of those produced a murder conviction: Police officer James Ashby was convicted of second-degree murder for shooting Jack Jacquez in the back in 2014; the victim was unarmed and had fled into his mother’s house. As explained in the video below, the Supreme Court ruling in Graham v. Connor (1989) provides any cop who believed there was a threat to himself or others with a defense against prosecution.

As previously noted on this blog, in 1969 the magazine Ramparts offered a challenge to secure a murder conviction of a cop killing a Black man. The Guardian has tabulated over 500 black deaths in just the past 23 months. According to Stinson’s data, no convictions matching that description have been made in over 12 years.