US Federal judge not ready to rule on blocking new travel ban

Trevor Jackson
March 15, 2017

The new order includes exemptions for visa and green card holders. Twice as long as the first order, the revision was crafted with the hope of withstanding further litigation concerning its legality and constitutionality.

Legal challenges to the ban are mounting.

U.S. District Judge James Robart in Seattle successfully blocked President Trump's initial executive order on immigration in January, on the grounds it was discriminatory and unconstitutional.

Robart said in an order that motions or a complaint over the revised ban need to be filed before he can make a decision on the new travel restrictions.

California will be joining Washington, Maryland, Minnesota, Oregon, New York, and MA in challenging the travel ban before a federal judge, Attorney General Xavier Becerra said Monday. When a policy is blocked by court order, the agency involved can not evade it "by announcing that it will continue only some of the illegal" provisions.

The brief, according to a press release, "explains how the unconstitutional revised travel ban injures the states and their residents, including by harming our colleges and universities, medical institutions, and economies".

Washington was the first state to sue over the original ban, which resulted in Robart halting its implementation around the country.

The new order, unveiled Monday, is due to go into effect March 16.

The joint suit comes just days after Hawaii levied the first legal challenge to the new order. The Maryland hearing focuses on the plight of refugees.

The American Civil Liberties Union is fighting the ban. It also suspends admission of refugees for 120 days.

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Several other states also joined the Evergreen State's claims that Trump's second executive order has the same constitutional issues as the first because it represents an attempt to single out and discriminate against Muslims.

Other court hearings are scheduled in similar cases in Hawaii and in federal court in Greenbelt, Md.

The complaint claims the second executive order violates the first, tenth and 14 amendments of the U.S. constitution, which were designed, respectively, to prevent the government from preferring one religion over another, to afford everyone the right to due legal process and to ensure that all individuals be treated without bias. It also says neither Elshikh nor his mother-in-law have been harmed because she has not been denied a waiver for a visa to visit the United States.

The government says Hawaii's allegations that the ban will negatively affect tourism and universities are pure speculation.

The state of Hawaii has filed a separate complaint, and a hearing in that case on whether to impose a national restraining order is set for March 15 as well.

The revised executive order will ban travelers from six countries. For the second round of litigation, Mr Trump's lawyers will come armed with a few arrows in their quiver to flesh out that claim. "This increases the risk that people admitted here from these countries may belong to terrorist groups, or may have been radicalized by them". "There are now approximately 1,000 pending domestic terrorism-related investigations, and it is believed that a majority of those subjects are inspired, at least in part, by ISIS". Who are these individuals? What are the charges?

Presidents are afforded wide discretion by judges in the arenas of immigration and border control.

Following Trump's initial ban, Iraqi lawmakers had voted for a travel ban on United States citizens.

Some judges expressed concern about religious discrimination, citing Trump's campaign calls for a "total and complete shutdown of Muslims entering the United States".

Other reports by TheDailyFarc

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