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Hawaii issues first challenge to Trump’s new travel ban

Mar 9, 2017 9:10 am By Robert Spencer

“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, while denying all Hawaii residents the benefits of an inclusive and pluralistic society.”

What a lot of nonsense. Temporarily banning Somalis and Iranians, etc., establishes a religion in Hawaii? Hawaii was enjoying an economic boom due to an influx of Yemeni tourists?

“Sections 2 and 6 of the March 6, 2017 Executive Order violate the Immigration and Nationality Act by discriminating on the basis of nationality…”

Here is the relevant statute, which the first judicial block on Trump’s initial executive order ignored altogether:

(f) Suspension of entry or imposition of restrictions by President

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

Does it say anything about the President not being able to to do this on the basis of nationality? No. But apparently federal courts don’t have to pay any attention to the actual laws anymore.

“Federal judge to hear first lawsuit against new travel ban,” by Laura Jarrett, CNN, March 9, 2017:

(CNN)A federal judge in Hawaii has agreed to hear the first legal challenge to President Donald Trump’s new travel ban on March 15 — just hours before it is slated to go into effect.

Attorneys for the state filed a new 40-page request just before midnight on Tuesday, asking a federal judge to issue a temporary restraining order blocking implementation of the new executive order.

Trump signed a new executive order Monday banning foreign nationals from six Muslim-majority countries from entering the US for 90 days and banning all refugees for 120 days.

In a statement, Hawaii attorney general Douglas Chin said the filings ask the court to declare sections 2 and 6 of Trump’s executive order contrary to the constitution and federal law.
“Sections 2 and 6 of the March 6, 2017 Executive Order violate the Immigration and Nationality Act by discriminating on the basis of nationality, ignoring and modifying the statutory criteria for determining terrorism-related inadmissibility, and exceeding the President’s authority under the Immigration and Nationality Act,” Chin said in a statement.

“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, while denying all Hawaii residents the benefits of an inclusive and pluralistic society,” attorneys for the state argued in court filings.

“The executive order means that thousands of individuals across the United States and in Hawaii 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.”

The Justice Department declined to comment on the filing, but will have an opportunity to respond to the state’s amended complaint against the travel ban on March 13….

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Filed Under: Donald Trump, Featured, immigration Tagged With: Douglas Chin, Hawaii


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Comments

  1. Khushi says

    Mar 9, 2017 at 9:30 am

    How does this order establish a religion in Hawaii??

    • vlparker says

      Mar 9, 2017 at 10:20 am

      It doesn’t. It’s just a canard. The Democrats never let facts get in the way of their quest to destroy the free world.

    • mortimer says

      Mar 9, 2017 at 11:06 am

      Trump’s order is a ban on countries that are tolerating jihad-terrorists to live and plan attacks within their countries. The order is to keep known jihadists out of the US, rather than to exclude Muslims as a religious group.

      The Hawaii government is intentionally pretending to misunderstand the distinction between a political ideology and religion. No one in Hawaii will be fooled by their subterfuge. Even the Leftards know they are conflating the two. The Leftards are willing to conflate them for political power. I don’t see how that will help their re-election in Hawaii.

    • A Harris USA says

      Mar 10, 2017 at 4:32 pm

      Hawaii can have the pig savages.. I say take them all you idiots.. Let’s forget about the Luau, and go for the cannibal feasts on the beach, maybe they’ll go after some certain ex-president who loves Hawaii, and claims that as his native state,,, LOL

  2. August West says

    Mar 9, 2017 at 9:35 am

    Gee I wonder…. is Hawaii in the 9th circuit?

    Why yes it is!

    Looks like this will get upheald as well.

    Logic, facts and the law have nothing to do with it.

    • Custos Custodum says

      Mar 9, 2017 at 6:22 pm

      Precisely. Yet another Leftist charade to get this before reliably leftist judges of the Ninth Circus [sic].

  3. American Pragmatism says

    Mar 9, 2017 at 9:37 am

    This seems baseless.

  4. Westman says

    Mar 9, 2017 at 9:45 am

    Uhhh, wouldn’t claiming, ” Sections 2 and 6 of the March 6, 2017 Executive Order violate the Immigration and Nationality Act by discriminating on the basis of nationality, ignoring and modifying the statutory criteria for determining terrorism-related inadmissibility..” apply to immigration also make the present status of the Hawaiian Islands, Kahoʻolawe and Niʻihau illegal?

    These two Island are preserved for NATIVE CULTURE ONLY under Hawaiian law. No ME immigrant – or non-native Hawaiian – is permitted to live there. Unless the judge is a total outsider to Hawaii, the judge should realize that Hawaii has no standing to call for lifting federal restrictions on a measure they already have fully implemented for generations.

    For Hawaii to challenge an immigration ban is pure chutzpah.

    • Custos Custodum says

      Mar 9, 2017 at 6:24 pm

      Excellent point. Since Hawaii is now solidly Democratic, there is no harm in yanking their chain.

  5. somehistory says

    Mar 9, 2017 at 10:59 am

    If this guy sang that song that asks, “What kind of fool do you think I am,?”, we could all answer him.

    There is no tool, however illegal, foolish or evil that some people will not use to undermine something that should be. Most likely, many citizens of the Islands would appreciate not *sharing* their space with those who are bent on subjugating them to islam. To heck with diversity. It won’t stay that way if moslims have any say in the matter.

  6. Steve K says

    Mar 9, 2017 at 11:16 am

    when one unelected judge becomes more powerful than the legislative and the executive branch combined, that is not a check that is judicial supremacy.

  7. Crusades Were Right! says

    Mar 9, 2017 at 11:46 am

    Hawaii, eh? Obama’s birthplace (or so we are told).

    Figures!

    • duh swami says

      Mar 10, 2017 at 5:38 am

      Obama’s half brother posted photo’s of Obama’s Kenya live birth certificate…(Drudge)…

      • Cecilia Ellis says

        Mar 10, 2017 at 11:23 am

        Duh swami, here is a link to a news article that reports Malik Obama’s tweeter post of a copy of Barack’s birth certificate from a hospital in Mombassa, Kenya. The article includes a copy of that birth certificate. And he weighed a healthy 7 pounds 1 ounce.

        http://www.thegatewaypundit.com/2017/03/breaking-malik-obama-tweets-alleged-barack-obama-birth-certificate-kenya/

        • carol says

          Mar 10, 2017 at 4:57 pm

          Surely that baby footprint could help trace Obama’s tracks?

  8. common sense says

    Mar 9, 2017 at 12:17 pm

    “CNN” reported. Yeah news you can actually believe since it’s anti American legislation from “fake” Americans reported by the Gestapo. Enforced in the street by Soros and OFA thugs, issued by prancing 9th circuit Hawaii AG Chin, just another poodle up on his hind legs looking for his treat. (No offense to poodles).
    THAT is the religion of the LEFTIST.

  9. Angemon says

    Mar 9, 2017 at 1:49 pm

    The executive order means that thousands of individuals across the United States and in Hawaii 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.

    Yeah, so what? Do those people have some sort of birthright access to US soil?

    • Anne Smith says

      Mar 10, 2017 at 6:14 am

      They can go and visit them in their own countries – and stay there perhaps?

  10. Zé says

    Mar 9, 2017 at 2:07 pm

    ” it is inflicting immediate damage to Hawaii’s economy, educational institutions, and tourism industry”

    Yes, I’m sure millions of somali tourists visit Hawaii every year. And thouse brilliant sudanese students and professionals cannot come from anywhere else.

    “it is subjecting a portion of the state’s citizens to second-class treatment and discrimination”

    The order does not apply to people with dual nationality, so this is just a lie.

    “while denying all Hawaii residents the benefits of an inclusive and pluralistic society,”

    In which way is it denying?

  11. abad says

    Mar 9, 2017 at 6:26 pm

    I would think Hawaii would be the one state most adamant about keeping out Muslims of any kind.

    Given their strong Pacific Island cultural heritage (Polynesian) why would you want a bunch of Muslims destroying that?

    And, for the last time, Hussein Obama was not born in Hawaii. He was born in Kenya.

    Last time I checked the global map, Kenya is nowhere near Hawaii.

    • carol says

      Mar 10, 2017 at 6:38 pm

      Abad…Some kind of “Burns Machine” alliance of Dems and communists since just after WWll (and ever since it seems) provides background. .Hawaii joined USA in 1959 and communists in mainland feared investigations at that time and fled to Hawaii e.g. Frank Marshall Davis – at that ime a biggie in the CPUSA in Chicago.

  12. Sam says

    Mar 10, 2017 at 5:08 am

    Let muslimas covered with garbage bags from yemen flood the beaches of Hawai. That would help the economy and culture of Hawai.

  13. duh swami says

    Mar 10, 2017 at 6:00 am

    States that can’t do without Muslims, should get them….all of them…

  14. Vic says

    Mar 10, 2017 at 8:48 am

    This will come as a huge surprise to you! It was for me (sarc)!!

    The Muslim Association of Hawaii is the co-plaintiff in this lawsuit.

    The MB has become emboldened since they were the darlings of the previous administration. They are overplaying their hand and Americans are beginning to see through the veil…thanks to the indefatigable efforts of RS, Anne Corcoran and many others, including many of the Patriots who post on JW.
    Please see the below link by Anne Corcoran
    https://refugeeresettlementwatch.wordpress.com/2017/03/10/hawaii-needs-refugees-sues-feds-over-refugee-pause-travel-restrictions-from-certain-muslim-countries/

  15. Jeanette says

    Mar 10, 2017 at 11:41 am

    Drop a few hundred thousand Muslims into Hawaii (Obama will be glad to help with that); they’ll change their minds quickly enough.

    Just wait until the creature on the spit at the Muslim luau is a human being.

  16. Robert Wagner says

    Mar 10, 2017 at 1:15 pm

    It seems to me that if the Court decides in favor, then it would apply all rights of the constitution to non American citizens residing outside the United States. This would require that all agencies (CIA, NSA, FBI) would be required to obtain warrants for surveillance of foreign agents and governments.
    An arrest warrant would have been required to go after ben Lauden in Pakistan.

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