Donald Trump

Habeas Petition Challenges Refugee Executive Order as Unconstitutional

By Quinta Jurecic
Saturday, January 28, 2017, 11:09 AM

Two Iraqi refugees detained at JFK International Airport have filed a habeas petition challenging President Trump's executive order restricting refugee and immigrant entry into the United States as unconstitutional in the U.S. District Court for the Eastern District of New York. 

Hameed Khalid Darweesh and Haider Sameer Abdulkhaleq Alshawi had both been granted visas to enter the United States earlier in January—Darweesh a Special Immigrant Visa, as a result of his service to the U.S. military, and Alshawi a Follow Join Visa to rejoin his wife and son, who had previously entered the United States under visas of their own due to his wife's work for the United States as a contractor. Darweesh and Alshawi arrived in the airport yesterday and were prevented from leaving as a result of Trump's executive order.

The petition challenges the executive order as a violation of Darweesh and Alshawi's Fifth Amendment rights. It also seeks a class certification to represent all refugees and immigrants detained as a result of the order. 

The petition is included below and is also available here. The motion for certification of class status is also included.