US asks Hawaii judge to clarify ruling on Trump travel ban

US asks Hawaii judge to clarify ruling on Trump travel ban

HONOLULU — The government is asking a federal judge to clarify his order blocking President Donald Trump’s revised travel ban, arguing it shouldn’t apply to a global freeze on refugees entering the United States.

A Justice Department motion filed Friday asks U.S. District Judge Derrick Watson to clarify that the temporary restraining order only applies to the president’s temporary ban on travel from six mostly Muslim countries.

Watson issued a 43-page ruling on Wednesday after Hawaii requested he block enforcement of Trump’s executive order, which the government calls a national security measure and critics call an unconstitutional and bigoted attempt to bar Muslims from entering the country.

Watson’s ruling concluded there was “significant and unrebutted evidence of religious animus” behind the travel ban, including the president’s own campaign comments regarding Muslims.

He said Hawaii would suffer financially if the executive order constricted the flow of students and tourists to the state.

In seeking clarification, the Justice Department argued that the lawsuit “failed to meaningfully challenge” another section of Trump’s order that bars refugees from travelling to the United States for 120 days and caps the number that will be allowed into the U.S. this fiscal year at 50,000 — a drop of nearly half.

The cap “draws no distinction whatsoever on the basis of religion,” government lawyers argued in a filing.

Opponents have argued that if that aspect of the ban takes effect, 60,000 people would be stranded in war-torn countries with nowhere else to go.

The Justice Department also argued that the Hawaii ruling shouldn’t block Trump’s order that security officials review whether other countries are providing enough information to ensure would-be immigrants aren’t a security threat.

Hawaii believes that the court’s order applies to the sections of the executive order mentioned by the government lawyers, said Joshua Wisch, special assistant to Hawaii’s attorney general. “We do not believe the motion is necessary because the court’s order was clear. We are drafting a memorandum in opposition that we expect to file soon,” Wisch said in an email.

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

Similar cases are being heard in federal courts in Washington state and Maryland. In all, more than half a dozen states are trying to block the travel ban.

The Associated Press

Canadian Press

Just Posted

(Contributed)
Collision slows rush hour traffic in Kelowna

Expect delays at K.L.O. Road and Richter Street on your commute Tuesday evening

A conceptual render of the proposed building at 955 Manhattan Drive. (Contributed)
Height not wanted on Kelowna’s Manhattan Drive

City staff said proposed five-storey building poses challenges

A for sale sign is shown in by new homes in Beckwith, Ont., just outside Ottawa, on Wednesday, Jan. 11, 2018. THE CANADIAN PRESS/Sean Kilpatrick
Thompson-Okanagan population grew despite COVID-19: report

The Chartered Professional Accountants of BC said there are 8,462 new residents in the region

Kelowna General Hospital. (File photo)
COVID-19 outbreak at Kelowna General Hospital declared over

Three people tested positive for the virus — two patients and one staff — one of whom died

A crash at the intersection of Harvey Avenue and Leckie Road on June 15. (Amandalina Letterio/Capital News)
Traffic stalled by Harvey Avenue crash in Kelowna

One lane is open as crews clean up after crash at Harvey Avenue and Leckie Road

People watch a car burn during a riot following game 7 of the NHL Stanley Cup final in downtown Vancouver, B.C., in this June 15, 2011 photo. THE CANADIAN PRESS/Geoff Howe
10 years ago: Where were you during the 2011 Vancouver Stanley Cup Riots?

Smashed-in storefronts, looting, garbage can fires and overturned cars some of the damage remembered today

Vernon-Monashee NDP MLA Harwinder Sandhu supported a motion in the B.C. legislature for Canada to create a national Indigenous History month Monday, June 13, 2021. (Contributed)
Canada needs a national Indigenous History Month, Vernon MLA agrees

Harwinder Sandhu supports motion to recognize June as month to advance reconciliation efforts with First Nations

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

(Facebook)
New trial date set for Penticton beach attacker’s triple assault charges

May trial was delayed after Crown witnesses failed to show up

Orange ribbons are tied to the fence outside Vernon’s Gateway Homeless Shelter on 33rd Street. (Jennifer Smith - Morning Star)
POLL: Low-key Canada Day in the works for Vernon

Councillor calling for Indigenous recognition for 2022

A conceptual design of Vernon’s new Active Living Centre, which will go to referendum Oct. 15, 2022. (Rendering)
Active living centre 2022 referendum planned in Vernon

City hoping to get Coldstream and Areas B and C back on board

Closure of the 2900 block of 30th Avenue will allow restaurants and other businesses to extend their patios onto the street. (Jennifer Smith - Morning Star)
Green light given to downtown Vernon road closure

Single block of 30th Avenue to close over summer months to boost business

Graduating Grade 12 student Savannah Lamb has been awarded an approximate $40,000 scholarship from the Beedie Luminaries foundation. (Contributed)
Dedicated Salmon Arm student earns scholarship to pursue post-secondary education

Savannah Lamb is graduating from Salmon Arm Secondary with a $40,000 scholarship

Most Read