Chicago lawyers expect a wave of Middle Eastern travelers to begin arriving at O’Hare International Airport on Saturday after a federal judge in Washington state on Friday issued a temporary order against enforcement of President Donald Trump’s immigration ban.
Local immigration attorney Fiona McEntee said if everything goes as planned, anyone arriving with a visa will be let through customs as they were before Trump’s Jan. 27 order that placed a ban on entry by citizens of seven majority-Muslim countries, as well as refugees.
Trump, via tweets from his estate in Florida, vowed to fight the order from U.S. District Judge James L. Robart, who concluded the court “must intervene to fulfill its constitutional role in our tripart government.”
Trump tweeted: “The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!”
The Department of Homeland Security issued a statement saying that in accordance with the ruling it has suspended any and all actions related to the executive order, but that at the earliest possible time, the Department of Justice intends to fight Robart’s ruling.
When McEntee heard that, she employed the power of social media to get out her message: “Get back to the states as soon as possible.”
“That’s not fear-mongering, that’s pretty sound legal advice given a potential, or imminent, action from DHS,” she said. “Get back now, because who knows what’s going to happen in 24 hours or more.”
The wording the DHS used specifically said it would defend the president’s order, which is “lawful and appropriate.”
McEntee disagreed, saying the order was keeping people who have done nothing wrong from re-entering the country they call home. She said Saturday morning she was communicating with a student who attends college in the United States who had been kept from returning to the country for a week.
“It’s not just lawyers, the support we’ve had has been incredible,” McEntee said. “It’s so indicative of the consensus in the country and around the world, that this is just wrong. It is people not necessarily with a legal degree but who just know in their instincts this isn’t right,” she said.
McEntee said the general premise of the complaint in Washington state was to request an injunction, which is an extraordinary legal remedy.
“It is saying that you will be caused irreparable harm, that there’s no time to hear the facts first because someone is going to be damaged beyond repair. You just state your case on a preliminary basis to show how it’s unconstitutional and there’s damage that we can’t fix later,” she said.
Examples would include someone being hurt or killed as a result of being kept from fleeing a country or simply being kept away from his or her home.
Chicago attorney Holly Snow said she has been working with the Chicago chapter of the Council on American Islamic Relations, a group that created a way to communicate with affected individuals in the Middle East. They received messages Friday that at least two people were boarding a plane at that time and might need assistance when they landed.
“The situation at O’Hare, the ruling came down late enough that we’re not sure if people boarded flights last night to be able to get to the U.S. tonight and this afternoon,” Snow said. “We have been told that people have been able to buy flights this morning without any trouble, and that’s one of the first steps. We are recommending anyone who needs to get into the country work to get on a plane quickly.”
Snow said lawyers were expected at the airport Saturday to talk with anyone who has gone through the process to make sure things are conducted the way they would’ve been before the executive order.
It was unclear if or when people affected by the now-invalidated order might arrive at O’Hare.
As of Saturday evening, about 10 lawyers and interpreters sat on both sides of a long white table in the arrivals area of the international terminal at O’Hare.
They calmly discussed the situation before people volunteered for different tasks, like intake of cases, canvassing or manning email or social media.
The volunteers have been at O’Hare for six-hour shifts, tracking flights and making their presence known in the terminal.
Occasionally, people would bring food or coffee to the lawyers and interpreters. Lawyers, both immigration and nonimmigration, were present, on their laptops and yellow legal pads to document cases and volunteers.
“What’s unclear is how long secondary inspection may last for these people. As people go through customs, we want to know what has changed from the last time they entered the country,” Snow said. “It’s one thing to be let through, but if you’re let through after eight hours and you were asked potentially probing questions … that’s something we want to know about.”
McEntee said about noon Saturday several airlines had started sending out travel notices about the Washington judge’s order, which, she said, couldn’t go out fast enough.
“This is like a crossroads in American history and you get to choose what side you’re on. You have three choices. One is to do the right thing, the second would be to do the other thing and the third would be to do nothing at all, which I think is just as bad,” she said.
She is the mother of two young kids but said that didn’t play into her decision to get involved. She just believes it is the right thing to do.
“I’m teaching my kids they always needs to stand up for what’s right. When my 3-year-old asked me why people were not allowed to return to their homes, I tried saying, ‘It’s because Donald Trump doesn’t want these people here based on what they believe.'”
McEntee said her child still seemed confused.
“I don’t understand it myself. I guess I can’t expect my 3-year-old to,” she said.
On Saturday evening, Trump administration lawyers filed a notice to appeal the Seattle federal judge’s decision from Friday night.
The appeal serves to confirm the need for the presence of lawyers at O’Hare, said Iman Boundaoui a lawyer stationed at the airport Saturday.
“Clearly the law is in flux. The situation can change within hours, and our role in all of that is to maintain a presence here regardless of the state of the law because it is constantly changing,” Boundaoui said.
The Washington Post contributed.
