Federal Judge In Hawaii Halts Trump's Third Attempt At A Travel Ban

Casey Dawson
October 19, 2017

The new ban - on most travelers from Chad, Iran, Libya, North Korea, Syria, Somalia, and Yemen - was scheduled to take effect on October 18, which caused the Supreme Court to cancel a scheduled hearing about the ban.

On Tuesday, U.S. District Judge Derrick Watson in Honolulu said Hawaii was likely to succeed in proving that the policy violated federal immigration law. Certain government officials from Venezuela were also barred.

The latest ban, which was expected to take effect on Wednesday, restricted some travelers from eight countries that administration officials said were unwilling or unable to carry out proper vetting procedures.

All those countries except Chad, North Korea and Venezuela were included in two earlier temporary versions of the travel ban, which Trump's opponents called thinly veiled attempts to fulfill his campaign pledge of a "total and complete shutdown of Muslims entering the United States".

It said the travel ban was issued after an extensive worldwide security review by the Secretary of Homeland Security, and following consultation between the president and members of the cabinet, including the Secretaries of Homeland Security, State, and Defense and the Attorney General.

"These restrictions are vital to ensuring that foreign nations comply with the minimum security standards required for the integrity of our immigration system and the security of our Nation", the White House said after Watson's ruling. Trump's third attempt to implement the travel ban has, for now, met the same fate as the previous two - blocked by litigation in the federal courts.

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In a statement, the White House said it is confident "the Judiciary will uphold the president's lawful and necessary action".

Opponents say the ban violates the U.S. Constitution because it discriminates against Muslims while overstepping the bounds of U.S. immigration law by discriminating by nationality.

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The state has been fighting each version of the travel ban.

Mooppan argued that because the new version of the ban went in place after a thorough review, it does not constitute a "Muslim ban". Mooppan declined to discuss details of the classified report, and said the government does not have to explain whether Trump's advisers disagreed about the ban.

"The "initial" announcement of the Muslim ban, offered repeatedly and explicitly through President Trump's own statements, forcefully and persuasively expressed his objective in unequivocal terms", Chuang wrote.

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