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Hawaiʻi First to Take Legal Action on Revised Travel Ban

Posted March 10, 2017, 12:18 PM HST
38 Comments
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President Donald Trump’s official portrait from Wikimedia Commons.

Hawai‘i Attorney General Doug Chin announced on March 8 that the state has filed a motion for a temporary restraining order in its federal lawsuit against President Donald Trump, following the new executive order banning travel from six Muslim-majority nations issued earlier this week.

The filings ask the court to declare that sections 2 and 6 of the March 6, 2017, Executive Order signed by President Trump are contrary to the Constitution and US laws. The complaint asks for a nationwide injunction preventing the implementation of these sections of the Executive Order. The Executive Order restricts immigration from Iran, Syria, Somalia, Sudan, Libya, and Yemen. It suspends all refugee admission for 120 days.

It is scheduled to become effective on March 16, 2017.

“We all want safety and security in our state,” said Attorney General Chin. “But discrimination against people based on national origin or religion is a very dark path we must never accept. Respectfully, the new order fails to fix the initial defect.”

The Hawai‘i filing argues the following:

“[W]hile the President signed a revised version on March 6 …  we still know exactly what it means. It is another attempt by the Administration to enact a discriminatory ban that goes against the fundamental teachings of our Constitution and our immigration laws, even if it is cloaked in ostensibly neutral terms. Strikingly, the Executive Order even admits that these changes were designed to ‘avoid * * * litigation.’

Nothing of substance has changed: There is the same blanket ban on entry from Muslim-majority countries (minus one), the same sweeping shutdown of refugee admissions (absent one exception), and the same lawless warren of exceptions and waivers. The courts did not tolerate the Administration’s last attempt to hoodwink the judiciary, and they should not countenance this one.”

The second amended complaint alleges the following causes of action:

Defendants have violated the establishment clause of the First Amendment.

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Defendants have violated the equal protection, substantive due process, and procedural due process guarantees of the Fifth Amendment.

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.

Defendants have violated the Religious Freedom Restoration Act by imposing a substantial burden on the exercise of religion.

Defendants have violated the substantive and procedural requirements of the Administrative Procedure Act.

Copies of the second amended complaint, motion for a temporary restraining order, and memorandum in support of the motion for a temporary restraining order can be downloaded:

Second Amended Complaint
Memorandum in Support
Motion for TRO

RELATED LINK
Hawai‘i to Pursue Legal Action on Travel Ban

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COMMENTS

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Jim Lusby Hawaii is suing the president and then will turn around and beg for billions to finish the rail projectMarch 10, 2017 12:32pm
Francis Chong Nothing to blow your horn or trumpet about??? It will be something to brag about if we could shelter all our Homeless Americans now out on the streets in this chilly weather.March 10, 2017 12:46pm
Sandra Silvis Amen bruddah🤙🏼🤙🏼🤙🏼🤙🏼🤙🏼🤙🏼March 10, 2017 12:57pm
Chad Silva Then we will be the last to get federal funding don't bite the hand that feed's you.March 10, 2017 01:01pm
Sandra Silvis Tell the Hawaii politicians to house some of these refugees they want to help out!!! Our own first please!!!!!March 10, 2017 01:04pm
Bj Stanard His ripping us off,Hell with the travel band,Health Care comes first,the low and middle income people gonna get it,we the ones gonna suffer and you're worried about travel band?SMH!!March 10, 2017 01:09pm
James Phillips Not on my island sorryMarch 10, 2017 01:25pm
John Cornillez He is a puppet controlled by the Dems. Just as the media is controlled by the Dems. What a waste of tax payers money.March 10, 2017 01:29pm
Cathy Mathis Don't think it's should be bragged about. It's costing us TSX payers over 150,000 to file it plus more. This is horrible and the money could be Used to help Hawaiian ppl not illegals. Besides I can't think of anyone in the middle East who could afford a vacation to Hawaii. If they're Muslims here who want family to visit do it the Right way. I hope every elected official who puts their name on this stupidity gets voted out next election because you are so out of touch with what we the ppl need.March 10, 2017 01:42pm
Lewis R Carter IdiotsMarch 10, 2017 02:15pm
Kris Burmeister Met a guy from Germany recently and the refugee situation there is out of control. A teacher friend of his said for the first time no German kids in her class. He said Germany has taken in about 2 million refugees, 85% military age males. Pretty shocking! Wealthy educated people are moving out just to get away from the situation. He said Sweden is getting out of control as well. They don't even bother reporting about the rape cases anymore because there are so many. If Ige got his 10,000 refugees where would he put them? Puna? It's about the only place in Hawaii they could afford to put them. Yes those people need help but there is a better way to do it. If we would have had a backbone and help secure their homeland in the first place maybe we wouldn't be having the conversation.March 10, 2017 02:59pm
Joan Olivera The Democrats at work!!!! Need to drain the swamp!!!March 10, 2017 03:55pm
Marilyn Quaccia Interesting point. If we struggle to house the homeless, where will we house refugees? And how long have they been debating what to do with the homeless in Honolulu?Land in Puna, but not a surplus of affordable rentals for 10,000March 10, 2017 04:40pm
Les Miller Chin us a moron. Where you live braddah, Nanakuli, Waianae? What about Hawaiians you piece of shit. You see all the homeless out there. Eh try take care home first you friggin idiot!March 10, 2017 05:21pm
Glenn Trusty Give it to JapanMarch 10, 2017 08:15pm
Bernice Barnett Fight Trump hateMarch 10, 2017 08:38pm
Bernice Barnett Thank you for fighting racist TrumpMarch 10, 2017 08:39pm
Nami DaKine "Our own first"? I think you should find the kindness within your heart to see everyone on this planet as your brothers and sisters. This kind of thinking divides people.March 10, 2017 09:32pm
Jeff Simono Germany is a disaster. So many un-vetted military age males from a terrorist sanctuary. What could possibly go wrong? You are right about the rapes, young girls are being raped in public swimming pools, buses, etc.March 10, 2017 09:49pm
Danielle Burns Emotions aside, logistically, we don't have the means to provide for these individuals. We already have so many homeless, where would they go?March 10, 2017 10:29pm
Jim Firmani How are we gonna pay for the rail and take on more ppl into the economy? Can somebody explain? Where is the money for this?March 11, 2017 12:03am
Teresa Emmanuel How many refugees has Hawaii taken in?March 11, 2017 03:07am
Teddy Viv a total democrat ploy to fight trump on every thing, where the hell were these guys when obama did the same ban?March 11, 2017 06:04am
Jimmy Garrison You are an idiot!March 11, 2017 06:39am
Jimmy Garrison You are an idiot!March 11, 2017 06:39am
Dave Kawika Anderson One single terrorist is TOO many !March 11, 2017 06:59am
Sandy Yoshida Wasted time , wasted $$$$$..... over and over again. Feels like this President is taking us all backwards ..... We are not a nation moving forward & solving new issues...... He will distract our nation with re visiting issues over and over again and leave us wide open for our enemies to take full advantage of us .....March 11, 2017 07:38am
Kris Burmeister They simply raise your taxes. Is that what Hawaii wants, more taxes? Germans are being taxed into oblivion as a result of the influx. Their crime rate has skyrocketed. Is that what Hawaii politicians want for the islands? Oh and another thing Germans that own a second home are being forced to rent that home to refugees.March 11, 2017 09:16am
Richard Cannon Hey there, don't try to dump this shit on Puna. There is plenty of space in the Kau desert.March 11, 2017 10:07am
Kristi Cannon I'll go one step farther. If you're a military aged male you are NOT a "refugee". Refugees are women, children , the aged & infirm. Those needing protection while the MEN straighten out their own damned countries. We can't house the people we have now. IGE....get your head out of your ass so your brain cells can get some oxygen. You're delusional if you think our state needs this crap.March 11, 2017 10:19am
Kris Burmeister Richard Cannon, you're right Kau is cheaper. Trust me I'm not praising the idea either way. Let's be realistic they wouldn't end up in Hawaii Kai, Kahala, Princeville or any other affluent area. Big Island would be on the radar because of cheap land and plenty of space. Democratic politicians are pushing the idea in hopes of creating more votes for the next election. It has nothing to do with morals. If you're not on board you're labeled and demonized. Obama was probably offering federal funding for states who took in refugees. I highly doubt that is on the table now. So who would foot the bill for the shit storm if that was to happen? Hawaii tax payers.March 11, 2017 10:58am
Lydia Walther In the volcano.JK.We have 0ur own home less to deal with.Charity begins at home.March 11, 2017 12:11pm
Hikayah Versteeg WTH Donald Trump 😈March 11, 2017 03:55pm
Romel Palafox How? The way I see it is that Trump is trying to close that gate but Hawaii wants it open!March 11, 2017 08:56pm
Romel Palafox You can't help others if you can't help yourself!March 11, 2017 08:59pm
Glenn Crissman Instead of wasting money on suing the federal government we need to put this money towards solving are homeless problem.March 12, 2017 07:18am
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