President Donald Trump’s original travel ban was signed into law January 27th – and blocked by a Federal judge on February 3rd (and upheld by the 9th Circuit on the 7th). He released his revised executive order on Monday, extending the refugee ban to all refugees for 120 days (so it wouldn’t technically discriminate against Syrian refugees), and removing Iraq from the list of temporarily banned nations (keeping Sudan, Somalia, Syria, Iran, Libya, and Yemen). It also exempts legal permanent residents and people who have previously been issued visas.
The original executive order had a good week before the legal challenges began, but this time around, one state isn’t wasting any time in challenging it.
According to USA Today: Hawaii plans to challenge President Trump’s new travel ban, according to legal documents as well as tweets from one of the lawyers involved.
The state will file its complaint and temporary restraining order in federal court by Wednesday, according to a document published on the website of the Hogan Lovells law firm, based in Washington. On Monday, President Trump signed an executive order that bans travelers from six majority-Muslim countries from entering the United States for 90 days and bans all refugees from entering the country for 120 days.
“Here we go,” tweeted Hogan Lovells partner Neal Katyal Tuesday night. “Proud to stand w/State of Hawaii challenging Pres. Trump’s ‘new’ Executive Order issued yesterday.”
Here we go. Proud to stand w/State of Hawaii challenging Pres.Trump's "new" Executive Order issued yesterday. 1/2 https://t.co/GrPvlPGshL
— Neal Katyal (@neal_katyal) March 8, 2017
Last Tuesday, lawyers for the State of Hawaii asked a Federal judge to temporarily block the new executive order.Their legal justification for opposing it is just a tad confusing. According to the New York Times, in the latest legal filing, lawyers for the state argued that “the new executive order is resulting in the establishment of religion in the State of Hawaii contrary to its state Constitution.” How exactly? Who knows.
In addition, the state says, the ban “is inflicting immediate damage to Hawaii’s economy, educational institutions, and tourism industry; and it is subjecting a portion of the state’s citizens to second-class treatment and discrimination, while denying all Hawaii residents the benefits of an inclusive and pluralistic society.”
It also said Hawaiians and other Americans would be cut off from immediate family members living in the six countries affected by the ban.
One does have to wonder what percentage of Hawaii’s population — or tourism — actually comes from any of the countries mentioned.
Yesterday’s filing informs the court that the state has been in touch with the Justice Department and that they’re looking for a ruling before the order takes effect on March 16th. Hawaii also filed a lawsuit against Trump’s original executive order, which was struck down by a federal judge in Seattle.
[Note: This post was authored by Matt Palumbo. Follow him on Twitter @MattPalumbo12]