“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….