Hawaii also sued over the first executive order.
And there it is! Hawaii has become the first to file a lawsuit against President Donald Trump’s revised executive order on six nations. From The Hill:
“The Executive Order means that thousands of individuals across the United States and in Hawai‘i who have immediate family members living in the affected countries will now be unable to receive visits from those persons or to be reunited with them in the United States,” attorneys said in court filings.
“It means that universities, employers, and other institutions throughout the United States and in Hawaii will be unable to recruit or to welcome qualified individuals from the six designated countries. It threatens certain non-citizens within the United States and in Hawaii with the possibility that they will be unable to travel abroad and return—for instance, because their visa only permits them one entry, or because their visa will have expired during the time the Executive Order is still in place.”
The newest order exempts Iraq and those who already hold visas. It halts citizens from Iran, Libya, Somalia, Sudan, Syria, and Yemen from entering the country for 90 days. It will go into effect on March 16.
The new order only allows 50,000 admitted refugees. It also places Syria on the same level as everyone else while in the old order “indefinitely suspended the admission of Syrian refugees.”
Hawaii sued the Trump administration over the first order. The state wants the court to lift its old complaint and accept the amended one:
“To be sure, the new executive order covers fewer people than the old one,” Neal Katyal, one of the lead attorneys for Hawaii and former acting US solicitor general, explained in an interview with CNN. But in his view, the new travel ban still “suffers from the same constitutional and statutory defects.”
Ismail Elshikh, the imam of the Muslim Association of Hawaii, also joined the lawsuit. While he and his family are citizens of America, he complains that his mother-in-law in Syria cannot visit since she does not have a visa.
They insist this is a Muslim ban just because the countries have a dominant Muslim population. But the ban includes everyone: Muslim, Christian, Jewish, atheist, white, black, etc.
Others that filed complaints against the first order have not welcomed the new order, but only Hawaii has amended its complaint.
Both Hawaii and the Justice Department have jointly asked for the judge to approve a tight briefing schedule in order for the state’s request to be heard before the new executive order goes into effect on March 16. The court has not yet ruled on this joint request.
The Justice Department filed a flurry of notices in federal courts Monday — including in this Hawaii case — alerting the judges to the new order and arguing that the new order “falls outside of” injunctions that blocked the original ban. The government cited the significant changes to the new order, including the fact that it does not apply to green card holders or those with valid visas.
Attorney General Jeff Sessions has stated that the order does not violate any laws:
“(The order is) not any way targeted as a Muslim ban … we want to make sure everyone understands that,” an official told reporters.
“The Department of Justice believes that this executive order just as the first executive order is a lawful and proper exercise of presidential authority,” Sessions said.
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