Clock ticks as Trump's revised travel ban faces multiple court challengesBy Virginia Santiago Mar 16, 2017
In addition to Balderas, the Attorneys General of California, Connecticut, Delaware, Illinois, Massachusetts, New York, Oregon, Rhode Island, Vermont, Virginia and the Washington D.C. signed onto the lawsuit.
Washington State Attorney General Bob Ferguson has asked that the previously granted injunction against President Trump's original travel ban be applied to the revised ban.
The amicus brief signed onto by Balderas says the new order "retains two essential pillars" of the previous order: "a sweeping ban on entry to the United States by nationals of several predominantly Muslim countries and a complete suspension of the refugee program".
President Donald Trump's revised order that seeks to ban travel from a slew of Muslim-majority countries isn't exactly seeing an outpouring of love and friendliness from among the tech community.
Trump's revised travel ban will bar citizens from six predominantly Muslim countries from entering the US unless they are current visa holders, and suspend decisions on applications for refugees for 120 days.
Several states along with refugee assistance programs and rights groups have brought suits over the Republican leader's executive order - a revamped version of the order he issued on January 27, which was suspended by the federal courts.
The proposed order undermines Californias commitment to diversity and nondiscrimination, the filing said.
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What may also become a factor is a draft Department of Homeland Security memo that, according to the Associated Press, reported that citizenship in a country is an "unlikely indicator" of terrorism threat.
Should the federal courts decline to extend the current restraining order, and in turn allow the new ban to kick in at midnight, all eyes will swing to the main USA arrivals ports, notably Dulles [in Washington, D.C.], JFK in New York, LAX in Los Angeles and O'Hare in Chicago. And it is the state of Hawaii which wants the order temporarily restrained.
The New York Times writes that those lawsuits allege that Trump's order is motivated by religion, which is a point his administration has denied while calling it "a straightforward exercise of the president's national security powers, targeting not a religious group but rather countries that can not be trusted to screen travelers adequately".
The new order, issued March 6, prohibits individuals from six countries if they lack valid US visas.
In court documents, the Justice Department argues the urgent request to block the order is unwarranted because "no immediate upheaval occurs as a result of the new order taking effect".
The hearing on the proposed temporary restraining order is being held in Honolulu on the day before the ban is scheduled to go into effect. Yet, the new EO, issued on March 6, 2017, remains fundamentally flawed because it perpetuates the central constitutional infirmity: discrimination on the basis of religion in violation of the Establishment Clause. Comments last month from White House senior policy adviser Stephen Miller - that the revised order will have "the same basic policy outcomes" but will be "responsive to a lot of the very technical issues that were brought up by the court" - may also be deemed relevant. Hawaii provides evidence in more than 10 numbered paragraphs of alleged discriminatory statements made by Trump and his associates during and after the presidential campaign as proof that the E.O.is still a Muslim ban.
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