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Immigration attorney: Sea-Tac detainees initially denied lawyers

Jan 30, 2017, 5:06 PM | Updated: 5:13 pm

When Jorge L. Bar贸n heard about President Donald Trump鈥檚 executive order on immigration on Friday, he knew he was in for a busy weekend.

Bar贸n , executive director of the in Tacoma, admits now that he had no idea how busy.

Related: Hundreds gather at airport to protest Trump鈥檚 order

鈥淣one of us have had much sleep,鈥 said Bar贸n, who spent all of Saturday night at Seattle-Tacoma International Airport trying to secure the release of recent detainees. 鈥淚 think it is going to stay incredibly busy.鈥

On Friday, Trump that banned Syrian refugees from entering the United States for an undisclosed period of time; and it barred refugee entry for three months. Citizens of seven Muslim-majority countries — Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen 鈥 also can鈥檛 come to the U.S. for three months.

The announcement prompted a weekend of protests at Sea-Tac and other airports across the country while . At Sea-Tac, up to a dozen people were detained under the new order — all with what has been legal paperwork a day earlier.

In Seattle, a legal team consisted of attorneys from Northwest Immigrant Rights, the American Civil Liberties Union, and the jumped into the fray. They filed a to get a federal judge to halt the deportations on Saturday.

When U.S. District Judge Thomas Zilly granted , the team of attorneys left for the airport to talk with customs officials. But by that point, several people had been refused entry and put back onto aircraft.

Bar贸n and the legal team arrived at Sea-Tac at 1 p.m. Saturday — where they remained until 8:30 a.m. Sunday.

鈥淲e pulled an all-nighter,鈥 Bar贸n said.

There were two remaining people detained by U.S. Immigration but not deported because the federal court order. Immediately, the legal team ran into a problem: U.S. Customs didn鈥檛 want the detainees to have attorney access.

鈥淭hat鈥檚 one of the things that鈥檚 been frustrating about this whole episode,鈥 Bar贸n said. 鈥淐ustoms and Border Protection generally has taken the position that for people who are in the situation of not being allowed into the country that they do not have the right to be in touch with an attorney.鈥

He said his group pushed 鈥渇or a few hours鈥 to get into the detention room with the men. After lengthy negotiations, customs officials got clearance from administration officials in Washington D.C. to allowed one attorney — Bar贸n — to speak to the two men.

He said the men were frantic.

鈥淭hey were confused,” Bar贸n said. “They were scared they were told they were going to be put in jail. They felt very frustrated and upset. They expressed to me, 鈥楬ey we did everything right.鈥欌

Both men were coming to the U.S. on visitor visas. One is originally from Sudan but has lived for the past 20 years in the United Arab Emirates. He is an engineer, Bar贸n said, and was coming to the area for a conference.

鈥淗e鈥檚 been travelling to the U.S. for many years and never had a problem,鈥 Bar贸n said. 鈥淭he only problem is that he was born in Sudan.鈥

The other man is a citizen of Yemen but lives in Saudi Arabia. He was coming to visit extended family in the Seattle area. He too had traveled extensively in the U.S. over many years. 鈥淗e never has any problems until (Saturday),鈥 Bar贸n said.

And given the length of their flights, the men departed with one U.S. immigration standard and arrived to a very different one.

鈥淭hey did not have any idea what was happening on the outside. The executive order was issued while they were in the air, on the plane, and so they had no idea that this was all changed,鈥 Bar贸n said.

Early Sunday, the team of lawyers made a breakthrough.

鈥淲e were able to make arguments with the customs officials to see if they would allow them to enter the United States and be released from custody. They talked to Washington and we got what we wanted.鈥

The two men were released at 6:15 a.m. Sunday.

Bar贸n credited U.S. Representatives Pramila Jayapal and Susan DelBene, Sen. Patty Murray, and Gov. Jay Inslee for helping to convince U.S. Customs officials to allow the detainees access to counsel.

But not every detainee could be helped.

Bar贸n said that minutes before lawyers arrived, customs officials detained and deported a Somali man who is married to a U.S. citizen.

He had the correct paperwork and visa and was arriving in the states to start the required Green Card process as the new spouse of an American citizen, Bar贸n said. Mid-flight, the new executive order prompted officials to send him back overseas and away from his Seattle family and new wife.

鈥淗e has been issued a visa by the embassy and by the state department and all of the paperwork was correct,鈥 Bar贸n said. 鈥淭he only thing that created a problem was the executive order.鈥

Lost in the shuffle over the executive order, Bar贸n said, are the existing 1,500 detainees who were being held at the prior to last week. Most don鈥檛 have legal representation.

鈥淭hat鈥檚 been kind of forgotten with the crisis here at the airport,鈥 he said. 鈥淏ut that need continues to be there.鈥

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Immigration attorney: Sea-Tac detainees initially denied lawyers