Trump administration to appeal travel ban ruling

Posted April 01, 2017

"President Trump's lawyers cleaned up the first executive order by taking out certain inflammatory language in the revised version, but courts have consistently ruled that they can look beyond an order's facial neutrality to determine its true intent".

One day before the ruling in Maryland, a federal judge in Hawaii, U.S. District Judge Derrick Watson, made a more sweeping decision to freeze the president's executive order, saying there was "significant and unrebutted evidence of religious animus driving the promulgation" of the revised order and its predecessor.

"The Constitution has once again put the brakes on President Trump s disgraceful and discriminatory ban", said Omar Jadwat, director of the immigrant rights project at the American Civil Liberties Union. The judge in Maryland only blocked the section of the executive order pertaining to the six-country visa ban but allowed the sections relating to refugees to go forward. Trump promised during the election campaign to ban Muslims from entering the United States.

A federal judge in Hawaii Wednesday ordered a temporary restraining order nationwide, hours before it was set to go into effect on Thursday. He said he would rule on that request later. The Maryland ruling took the form of a preliminary injunction, which will remain in effect indefinitely as the case is litigated.

Robart noted that Washington and several other states have also asked him to block the revised ban.

The attorney general of Washington State, Bob Ferguson, whose lawsuit resulted in the injunction preventing implementation of the first version of the travel ban, on Wednesday night praised the Hawaii order as "fantastic news".

White House spokesman Sean Spicer said on Thursday the Trump administration would "vigorously defend" its travel ban, and would seek "clarification" before appealing the Hawaii court decision in the near future. This December 2015 photo shows U.S. District Judge Derrick Watson in Honolulu. "The President's Executive Order falls squarely within his lawful authority in seeking to protect our Nation's security, and the Department will continue to defend this Executive Order in the courts". "The remarkable facts at issue here require no such impermissible injury".

"The history of public statements continues to provide a convincing case that the goal of the Second Executive Order remains the realization of the long-envisioned Muslim ban", Judge Chuang wrote.

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The attacker then crashed into a gate near the Palace of Westminster and fatally stabbed a police officer, authorities said . Clint Payne agreed, saying, "He was an incredible individual who loved everyone and tried to make the world a better place".

Among the alterations made in the revised order were the removal of Iraq from the list of targeted nations and an exemption for lawful permanent residents and travellers who obtained USA visas ahead of the January 27 announcement.

Chuang found that the travel ban likely violated another aspect of federal immigration law, barring discrimination on the basis of nationality in the issuance of immigrant visas. Lee Gelernt says the revised ban is "a Muslim ban". That block was upheld on appeal, and the administration said it would revise the ban to better adhere to the law.

Trump has called the Hawaii ruling an example of "unprecedented judicial overreach" and has indicated it will be appealed.

The Justice Department filed legal papers in federal court in Maryland, setting up a new appeals court showdown in Richmond, Va.

The 4th Circuit is known as a more conservative court compared to the 9th Circuit, said Buzz Frahn, an attorney at Simpson Thacher & Bartlett who has been tracking the litigation nationwide.

"The law in the Constitution gave the president the power to suspend immigration when he deems it to be in the national interest of our country", he said.

The revised order also does not indefinitely bar Syrian refugees from entering the US.