Skift Take

Another travel ban has been halted, this time just hours before taking effect. At no point have the executive orders been able to prove that letting people from Muslim-majority countries into the U.S. would have a detrimental effect on security.

A Hawaii judge has placed a temporary restraining order against most of the third travel ban signed by President Donald J. Trump, stating that the tweaks to the decree don’t make it legal.

The new executive order “suffers from precisely the same maladies as its predecessor: it lacks sufficient findings that the entry of more than 150 million nationals from six specified countries would be ‘detrimental to the interests of the United States,’” states the filing from The United States District Court for the District of Hawaii.

The ban “plainly discriminates based on nationality” and is “antithetical” to the values of the U.S., according to the order, written by U.S. District Judge Derrick Watson. The bans on travel from North Korea and Venezuela will remain in place, however, since they weren’t part of the legal challenge against the executive order.

The latest ban was expected to be enacted Wednesday, limiting travel from Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen.

The ruling, once again, uses President Trump’s public descriptions of the executive orders as a “travel ban” as evidence. It also asserts that irreparable harm will be done to U.S. citizens and organizations if it were to go into effect, particularly Muslim-Americans with roots in the affected countries.

The filing calls for an expedited hearing to figure out whether the temporary restraining order should become permanent. There are still other challenges to the ban pending, including one being made by six states.

The Trump administration will appeal the temporary restraining order, according to the U.S. Department of Justice.

In a statement, the White House called the decision a “dangerously flawed district court order” that “undercuts the President’s efforts to keep the American people safe and enforce minimum security standards for entry into the United States.”

Read the full filing below.

Download (PDF, 178KB)


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Tags: travel ban, trump

Photo credit: President Donald J. Trump, center, has been dealt a judicial blow once again on the case of his latest travel ban. The White House / The White House

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