Trump administration fighting to get travel ban reinstated
- Author: Larry Hoffman Mar 30, 2017,
Mar 30, 2017, 17:44
Herring said. "I'm proud to have been part of the fight against this unlawful, unconstitutional, and deeply un-American ban, both in courts here in the Commonwealth and as part of a united effort of state attorneys general".
"While this is a temporary measure, we are pleased that the court has recognized the irreparable harm done to refugees who are prevented from finding safety in this country, as well as to their families here in the USA who seek to be reunited with them", HIAS CEO Mark Hetfield said in a statement Wednesday following the Hawaii judge's ruling. The District Judge left the section of Trump's ban which did not allow the entry of refugees into America for a period of four months.
"In particular, the direct statements by President Trump and Mayor Giuliani's account of his conversations with President Trump reveal that the plan had been to bar the entry of nationals of predominantly Muslim countries deemed to constitute unsafe territory in order to approximate a Muslim ban without calling it one - precisely the form of the travel ban in the First Executive Order", reads the directly released statement.
A second federal judge in Maryland issued a separate block on just the core provision concerning travel from the Muslim world, ruling it would cause "irreparable harm" were it to go into effect. Watson wrote that any "reasonable, objective observer" would view even the new order as "issued with a goal to disfavour a particular religion, in spite of its stated, religiously neutral goal".
A Maryland judge followed suit hours later, specifically blocking the ban's 90-day suspension of citizens of six Muslim-majority countries.
Robart issued the original restraining order blocking enforcement of Trump's January 27 travel ban order nationwide.
"The fact that the White House took the highly irregular step of first introducing the travel ban without receiving the input and judgment of the relevant national security agencies strongly suggests that the religious objective was primary and the national security goal, even if legitimate, is a secondary, post hoc rationale", he said.
A three-judge panel of the San Francisco appeals court in February refused to reactivate the original ban.
The Ninth Circuit has authority over federal courts in nine western states, including Hawaii and California, the most populous state.
Watson indicated that the court would not stay its decision in the event of an appeal.
In Washington state, a group of plaintiffs applying for immigrant visas asked U.S. District Judge James Robart in Seattle - who suspended the first ban - to stop the new order. Chuang, in Maryland, blocked only the six-nation visa ban.