EDIT: corrected errors, added historical references and quotes from order.
Donnelly's order (https://assets.documentcloud.org/documents/3437021/Darweesh-v-Trump-Order-on-Emergency-Motion-for.pdf) is a temporary emergency stay until the Supreme Court can decidean "Emergency Motion for Stay of Removal". Trump's administration will not go to another district
Like any court, because, as you point out, that would cause unnecessary confusion. Rather order, they will go toit can only be reversed by a higher court. Note that, as DHS points out, this does not allow people stuckby another district court.
The order only affects refugees who already in airports to enter the United States (emphasis added, capitalization in original): they just can't be deported back to their home
ENJOINED AND RESTRAINED from, in any manner or by any means, removing individuals with refugee applications approved by U.S. Citizenship and Immigration Services as part of the U.S. Refugee Admissions Program, holders of valid immigrant and non-immigrant visas, and other individuals from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen legally authorized to enter the United States.
It doesn't say anything about preventing new refugees from entering the country, despite what some media reports have said. AdditionallyPerhaps as an oversight, it does not affect people whodoesn't cover refugees in flight in airplanes that haven't flown here yet: they are still banned landed in the United States either. It just means
In Marbury vs Madison (https://en.wikipedia.org/wiki/Marbury_v._Madison), Marbury petitioned the people stuck in airports are in limbo: theySupreme Court directly, since it had original jurisdiction per the Judiciary Act of 1789 (https://en.wikipedia.org/wiki/Judiciary_Act_of_1789). However, the Supreme Court ruled that portion of the Judiciary Act unconstitutional, and thus denied Marbury's petition.
Although the President can't be forced backtried for crimes except by the Senate (after the House brings him to their countrytrial), but theyhe can be sued for damages. Since he can't enterbe sued in the Supreme Court, he must be sued in a court under the Federal judiciary of the United States (iehttps://en.wikipedia.org/wiki/Federal_judiciary_of_the_United_States) which includes the District Courts.
Of course, can't get past Customs and Immigration to leave the airport) eitherSupreme Court has appellate jurisdiction, as they do in all cases, except as prohibited by the 11th Amendment.
Donnelly's decision was based on "irreparable harm"likelihood of success, avoidance of irreparable harm, and lack of harm caused by granting the stay (I might have incorrectly said "immediate harm" earlieremphasis added).:
The petitioners have a strong likelihood of success in establishing that the removal of the petitioner and others similarly situated violates their rights to Due Process and Equal Protection guaranteed by the United States Constitution;
There is imminent danger that, absent the stay of removal, there will be substantial and irreparable injury to refugees, visa-holders, and other individuals from nations subject to the January 2 7, 2017 Executive Order;
The issuance of the stay of removal will not injure the other parties interested in the proceeding;
Suppose Donnelly allowed the deportations, the refugees were killed after arriving back in their country, and a higher court then decided the deportation was illegal. At that point, there is nothing the higher court can do to repair the damage caused to those deported.
You could argue the detention itself is a form of harm, and that the refugees should be allowed to enter the USA proper, but courts have generally held that you can compensate people for illegal detention with money. In other words, detention is harm, but not irreparable harm, at least in this case.
Although there are two named petitioners, the petition includes "ot[h]ers similarly situated".
The US Marshals are responsible for enforcing the stay (capitalization in original):
IT IS FURTHER ORDERED that to assure compliance with the Court's order, the Court directs service of this Order upon the United States Marshal for the Eastern District of New York, and further directs the United States Marshals Service to take those actions deemed necessary to enforce the provisions and prohibitions set forth in this Order.
