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Europe Freezes US Travel as Lufthansa, British , Air France, KLM and More Slash Routes to Major Cities Including New York, Miami, Los Angeles, and Chicago to Tap Soaring Demand Across Canada, Mexico, ...
European airlines are freezing their transatlantic growth and pulling back from major U.S. cities like New York, Miami, Los Angeles, and Chicago as they redirect flights to Canada, Mexico, Brazil and ...
![Even after finding that violation, however, the Court stayed its hand and did not require
Defendants to bring the individuals back to the United States, as requested by Plaintiffs. Instead,
the Court accepted Defendants' own suggestion that they be allowed to keep the individuals out of
the country and finish their process abroad. In the interest of full transparency, the Court quotes
at length from the hearing transcript:
THE COURT: [Plaintiffs' counsel] is suggesting that the only remedy is for the plane to return here so that these individuals be given an opportunity to raise any objections they have to being sent to South Sudan. Do you have another suggestion as to what a remedy that would allow these people to have the process that they are due might be?](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:2vtbmhmrwzbqcfv4we4uxzzt/bafkreig42m6oklltlklfzf6tpvpbap7bdfglax3rtwndotu2fvqenfnore)
![MR. ENSIGN: If I may, we think any remedy should be narrowly tailored to the violation. And so, you know, if Your Honor believes they weren't given a meaningful opportunity to express a fear under CAT [Convention Against Torture], that the remedy should first be limited to giving them such a meaningful opportunity. If they were to do so, then they would be given that reasonable fear interview. But bringing them back would be a much broader remedy than necessary because this Court only requires compliance with procedures and, to the extent that Your Honor believes those procedures were not followed, the Government should be allowed to provide those procedures, and that should satisfy the due process as interpreted by this Court.
THE COURT: Thank you, Mr. Ensign. So let's say that -- I agree with you that I want to make the most narrowly tailored order to address the violation of my preliminary injunction that is possible. What you're suggesting is that they can have a reasonable fear interview where they are now. Is that a practical possibility?
MR. ENSIGN: Your Honor, I don't know. I'd have to speak to my client, but I think that would need to be at least one of the compliance options that's presented, because that would be a much more narrowly tailored remedy that is actually tailored to the violation that Your Honor has found.'](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:2vtbmhmrwzbqcfv4we4uxzzt/bafkreicjgnulewx3jezbpfiucwwbr4vrg4qwkkhnrnlmuu7b5cwtu4tfgm)
![After this exchange, Defendants spent several hours conferring internally as to the feasibility of this option, ultimately deciding that it was doable:?
THE COURT: I'm very much considering this, but, if this is the route we go, my inclination would be to say, if you want to do all of these [interviews] where they are, you have to do them appropriately; if you don't want to, you can always bring them home of your own volition and do it there. And so I'm not going to mandate that the Department do anything overseas, but in an effort to craft as circumscribed a remedy as possible. I'm inclined to say if the Department wants to figure that out, I'm inclined to let them.
MR. ENSIGN: And we appreciate that, Your Honor. And, you know, to the extent that it poses challenges that are not -- that would be insurmountable, we would quickly inform the Court and figure out -- use one of the options to comply with the Court's orders.3
Since that hearing, merely five days ago, Defendants have changed their tune. It turns out
that having immigration proceedings on another continent is harder and more logistically
cumbersome than Defendants anticipated. However, the Court never said that Defendants had to
convert their foreign military base into an immigration facility; it only left that as an option, again, at Defendants' request. The other option, of course, has always been to simply return to the status
quo of roughly one week ago, or else choose any other location to complete the required process.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:2vtbmhmrwzbqcfv4we4uxzzt/bafkreigqc5c4tt3fjbcekaszgw3nx4r7rfvygngbk3vul6efd6ywsi7tje)
