Trump suffers second defeat as revised travel ban on hold

Trump suffers second defeat as revised travel ban on hold

GREENBELT, Md. — President Donald Trump’s revised travel ban has suffered another federal court setback after a judge in Maryland rejected a revised measure that bans travel targeting six predominantly Muslim countries.

Judge Theodore Chuang ruled Thursday in a case brought near the nation’s capital by the American Civil Liberties Union and other groups representing immigrants, refugees and their families. The groups argued that the underlying rationale of the ban was to discriminate against Muslims, making it unconstitutional. Chuang granted a preliminary injunction nationwide basis.

It was the latest ruling against Trump’s revised travel ban. On Wednesday, a judge in Hawaii rejected the ban.

Government lawyers argued that the ban was substantially revised from an earlier version signed in January that was later blocked by a federal judge in Washington state. They said the ban was ordered in the interest of national security to protect the U.S. from “radical Islamic terrorism.”

The Maryland plaintiffs also argued the ban illegally reduces the number of refugees authorized to enter the U.S. this year. Chuang granted a preliminary injunction prohibiting the enforcement of the travel ban nationwide pending further orders from the court. He declined to stay the ruling should an emergency appeal be filed.

The White House did not immediately respond to the Maryland ruling.

The Wednesday ruling came from U.S. District Judge Derrick Watson in Honolulu, who rejected the government’s claims that the travel ban is about national security, not discrimination. Watson also said Hawaii would suffer financially if the executive order constricted the flow of students and tourists to the state, and that Hawaii was likely to succeed on a claim that the ban violates First Amendment protections against religious discrimination.

Watson criticized what he called the “illogic” of the government’s arguments and cited “significant and unrebutted evidence of religious animus” behind the travel ban. He also noted that while courts should not examine the “veiled psyche” and “secret motives” of government decision-makers, “the remarkable facts at issue here require no such impermissible inquiry.”

“For instance, there is nothing ‘veiled’ about this press release: ‘Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States,'” Watson wrote, referring to a statement Trump issued as a candidate.

Trump called the ruling an example of “unprecedented judicial overreach” and said his administration would appeal it to the U.S. Supreme Court. He also called his new travel ban a watered-down version of the first one, which he said he wished he could implement.

“We’re going to win. We’re going to keep our citizens safe,” the president said at a rally in Nashville. “The danger is clear. The law is clear. The need for my executive order is clear.”

If the administration seeks an emergency stay of Watson’s decision at the 9th Circuit, the matter would be heard by different judges from the three who ruled on the case last month. That’s because the panel of judges assigned to such cases rotates every month, said court spokesman David Madden.

The 9th Circuit on Wednesday declined to reconsider the 3-0 decision not to reinstate the original ban. In a dissent, five judges said they considered that decision incorrect and wanted it vacated.

“Whatever we, as individuals, may feel about the president or the executive order, the president’s decision was well within the powers of the presidency,” Judge Jay Bybee wrote for the five.

Watson issued his 43-page ruling less than two hours after hearing Hawaii’s request for a temporary restraining order to stop the ban from being put into practice.

The hearing was one of three held Wednesday in federal courts around the country. U.S. District Judge James Robart in Seattle, who blocked the initial travel ban last month, did not immediately rule on a request from an immigrant-rights group to block the revised version.

In all, more than half a dozen states are trying to stop the ban. A case brought by Washington state argues that the new order harms residents, universities and businesses, especially tech companies such as Washington state-based Microsoft and Amazon, which rely on foreign workers. California, Maryland, Massachusetts, New York and Oregon have joined the claim.

Trump’s initial travel ban, issued on a Friday in late January, brought chaos and protests to airports around the country as travellers from seven nations — Somalia, Iran, Iraq, Syria, Sudan, Libya and Yemen — were barred from entering even if they had prior permission to come to the U.S. The State Department cancelled up to 60,000 visas, but later reversed that decision.

Robart ordered the government to stop enforcing the ban, which also suspended the nation’s acceptance of refugees from around the world, and a three-judge panel from the 9th U.S. Circuit Court of Appeals unanimously declined to reinstate the ban.

___

Sinco Kellehera reported from Honolulu. Associated Press Writers Gene Johnson from Seattle and Sudhin Thanawala from San Francisco also contributed to this report.

Ben Nuckols And Jennifer Sinco Kelleher, The Associated Press

Just Posted

Opera Kelowna presents Opera in the Vines at Mission Hill Winery

The show will provide a “rare opportunity to get up close with Opera Kelowna’s most gifted singers”

No lawyer for man involved in Rutland crime spree

Stephen Ear Skinner had his court date moved to July 9

Kelowna releases road closures, events and schedule for Canada Day

Folkfest, protein drums and fireworks, hoorah!

Downtown mural on the walls of Kelowna’s Gospel Mission to be unveiled

The event will be held at the Innovation Centre June 28

Big changes to food services at UBC Okanagan

Healthy, high-quality food on the menu as UBCO staffs up for in-house operations

VIDEO: Tributes flow on 10th anniversary of Michael Jackson’s death

Jackson received a fatal dose of the anesthetic propofol on June 25, 2009. He died at age 50

HIV tests now part of most Emergency Department blood work

There are up to 15 per cent of “HIV-positive individuals who are unaware of their HIV status.”

VIDEO: Killer whale steals fisherman’s catch off North Coast

Fishing duel results in eager orca snagging salmon in Prince Rupert

Man charged in Salmon Arm church shooting returns to court

Provincial Court judge allows two-week adjournment in murder, assault changes

North Okanagan student relearns how to take steps forward

The Vernon Convocation starts at 4:30 p.m. at the Vernon campus, OC Facebook to stream event

Tolko donation helps build new Okanagan daycare

The Early Years Daycare Centre is scheduled to open at the end of summer 2019

40 cats surrendered in apparent hoarding at B.C. home

Officers found the cats living among piles of garbage and feces, suffering from fleas

Tsilhqot’in Nation urges Taseko Mines to stop drilling plans before conflict grows

Nation said Teztan Biny area is of ‘profound cultural and spiritual importance’

UPDATE: RCMP expect Highway 1 closure west of Salmon Arm to be lengthy

Police collision analysis and reconstruction investigating accident scene

Most Read