According to him, the sanctions were not imposed on Albanza following an act before the International Criminal Court (ICC), but following things she said and wrote – meaning, non-binding recommendations to the ICC. The judge added that she does not work for the tribunal and does not have the authority to order it to act, therefore the only way she “aided” the effort against Israel or the US was through expressing a position: “in other words, in speech.”
He also stated that Albanza’s family does have the right to stand before the court on this issue. He determined that Cali, Albanese’s husband, was harmed by restrictions on the family property in Washington and the freeze on funds that came with the sanctions. Their daughter, an American citizen, is harmed because she is denied the opportunity to return to the US with her parents, and the sanctions impose restrictions on her relations with her mother.
In conclusion, the judge saw the sanctions as a violation of Albanza’s freedom of expression. According to him, the Trump administration is actually punishing her for recommending that the ICC prosecute Israeli officials – and made it clear that her recommendation is not binding. According to him, this is a restriction on freedom of expression, “which is not narrowly adapted to the goal that the administration presented.”
In the end, the judge did not make a final decision – but determined that Albanza’s family had a chance to prove that the sanctions against her were unconstitutional, so he granted a temporary restraining order. As mentioned, the sanctions have been lifted, and the Trump administration claims that the removal is temporary.
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