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The Repackaged Travel Ban Faces Numerous Obstacles

In previous blog posts, we have kept you abreast of developments concerning President Trump’s Executive Order on the travel ban.

Hawaii became the first state to file a lawsuit against what I call President Trump’s ‘repackaged’ travel ban.

Last week, attorneys for Hawaii filed a 40-page request asking a federal judge to issue a temporary restraining order blocking implementation of the new travel ban, which bans foreign nationals from six Muslim-majority countries from entering the United States for 90 days, and bans all refugees for 120 days. Hawaii argues that the new Executive Order is “resulting in the establishment of religion in the state of Hawaii contrary to its state constitution; it 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.”

In a 43-page ruling, US District Court Judge Derrick Watson, who presides in Honolulu, concluded in no uncertain terms that the new executive order failed to pass legal muster at this stage and the state had established “a strong likelihood of success” on their claims of religious discrimination.

A federal judge in Maryland also specifically blocked the 90 day ban on immigration for citizens of the six Muslim majority countries.

Both the Hawaii and Maryland judges cited President Trump’s statements about Muslims during the presidential campaign as part of their rulings.
White House press secretary Sean Spicer confirmed that the Trump administration plans to appeal rulings from the Hawaii and Maryland federal judges that have temporarily blocked the ‘revised’ travel ban.
Meanwhile, Senate Democrats introduced legislation-spearheaded by Senator Chris Murphy (D-CT)-to undercut President Trump’s new EO by withholding funding to enforce it. The bill would reportedly also state that the EO violates the Immigration and Naturalization Act (INA), which bans discrimination against immigrants based on what country they come from. Democrats would need 60 votes for the bill to clear the Senate, which would require the support of at least a dozen GOP senators.

Keep visiting this page to learn about new developments concerning the travel ban.