AG Ferguson: Revised Trump travel ban still subject to injunction

Audrey McAvoy  AP | Andrew Harnik  AP		Hawaii Attorney General Doug Chin and President Donald Trump

Audrey McAvoy AP | Andrew Harnik AP Hawaii Attorney General Doug Chin and President Donald Trump

Hawaii's lawsuit argues that while the language in Trump's revised executive order has changed, it is merely the president's latest effort to enact what he promised early in his campaign: a Muslim ban.

Washington state's attorney general had argued that the stay should extend to the new order, which he said has the same constitutional problems.

In an indication that the Washington challenge would likely become a major focal point of the continued legal resistances to Trump's order, the states of New York and Oregon requested to join the case brought by Ferguson. "Consequently, we are asking Judge Robart to confirm that the injunction he issued remains in full force and effect as to the reinstated provisions".

"The bottom line is that there still are a number of people in Washington who are harmed", Washington Solicitor General Noah Purcell said, regarding questions about whether the state continues to have legal standing to sue.

Washington state Attorney General Robert Ferguson said on Thursday he planned to ask Robart to confirm that his ruling would also apply to Trump's revised order, which would halt it from being implemented.

"The bottom line is that the court issued, and we obtained, a temporary restraining order on the original executive order", Ferguson told NPR's Robert Siegel ahead of the announcement.

Graciosa reacción de Luis Enrique tras ver a un periodista dormido
Roberto, Piqué, Umtiti, Jordi Alba; Busquets, Iniesta, Rakitic; Neymar, Luis Suárez y Leo Messi. De la pena, el periodista que se quedó dormido decidió abandonar la conferencia de prensa.

That provision satisfies any potential legal claim that a U.S. citizen could make in seeking the entry of a foreign national, the government said. The order doesn't block the entire travel ban.

The new ban will be tougher to challenge in court, says Mackler, because it's not as broad as the previous iteration. The new policy may not offer these people much comfort, says Stefano Bertuzzi, executive director of the American Society for Microbiology in Washington DC. "It is damaging Hawaii's institutions, harming its economy, and eroding Hawaii's sovereign interests in maintaining the separation between church and state as well as in welcoming persons from all nations around the world into the fabric of its society".

This week, the Trump administration put forth a revised executive order that will temporarily stop citizens from six Muslim-majority countries from entering the U.S. The messy rollout of the first travel ban produced a result that was xenophobic, extremely damaging and kind of illegal. Tillerson said Iraq is an "important ally in the fight to defeat ISIS" and Iraq had agreed to improve security and vetting measures on their end. Massachusetts and New York declared the same day that they will follow.

"Courts do not issue injunctive relief in a game of whack-a-mole, forced to start anew at a defendant's whim".

The Washington Post reported that a Department of Homeland Security assessment of the terrorist threat posed by travelers from the six countries included in the ban, had concluded that citizenship was an "unreliable" threat indicator and that people from the six countries had rarely been implicated in U.S. -based terrorism. Both were born in the United States and hold valid US passports.