Washington State Looks To Defeat Trump Over Travel Ban A Second Time

States are so confident Trump's second travel ban is unconstitutional that they're reusing the old lawsuits

I am proud to join with my fellow attorneys general in protecting our people from this latest unfounded and unconstitutional overreach. The new order will go into effect on Thursday unless courts block it.

Trump's first ban barred citizens of Iraq, Iran, Libya, Somalia, Sudan and Yemen for 90 days, all refugees for 120 days and Syrian citizens indefinitely. Lifting an indefinite Syrian refugee travel ban and reducing the number of blacklisted countries by removing Iraq, it replaces a previous iteration issued in January that was blocked in federal court.

Imam Ismail Elshikh of the Muslim Association of Hawaii is a plaintiff in the state's challenge. But a three-judge panel with the U.S. Court of Appeals for the 9th Circuit unanimously upheld the judge's decision and kept Trump's travel ban on hold.

"I congratulate the Administration for modifying the original order to ensure that it is prospective in application, protective of those with valid visas and legal status, and exempts Iraqis, as five thousand Americans are now fighting alongside them against ISIL".

But the main points are largely the same.

Trump's first immigration and refugee ban earned praise from his base, but also inspired massive protests, drew worldwide condemnation and caused chaos at airports around the world - not to mention fear and anxiety for untold numbers of people hoping to resettle in the US.

Their comments echo those being made in court by U.S. states claiming that the modified measures discriminate against Muslims and are detrimental to American interests.


"No matter how far President Trump tries to run away from his initial statements that this was a ban on Muslims and discrimination against Muslims, he can't erase where this order originated - in an effort to discriminate against Muslims on the basis of their religion", said Cecillia Wang, Deputy Legal Director of the American Civil Liberties Union, on a call with reporters Tuesday. U.S. District Judge James Robart in Washington state blocked the ban on February 3.

The new executive order will ban travel from six countries, instead of seven, and it will no longer affect current visa holders.

The new battle against Trump's order is being played out on several geographical fronts, but mainly on the west coast, which tends to be heavily pro-Democrat.

American states are scrambling to block Donald Trump's revised travel ban, lodging legal challenges and asking for emergency hearings to prevent new restrictions come into force on Thursday.

Ferguson said the state would ask Robart to rule that his temporary restraining order against the first ban applies to Trump's revised action.

A group of U.S. states launched a joint effort on Monday to block President Donald Trump's revised temporary ban on refugees and travelers from several Muslim-majority countries, Reuters reports. The other states joining Washington in its lawsuit are Massachusetts, Oregon, Maryland and NY. They have requested a hearing on the case and the Department of Justice is expected to respond soon.

A federal judge in Maryland has also set a hearing on Wednesday morning to hear another challenge brought by refugee aid groups and several foreign nationals.

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