California joins court challenge to Trump's latest travel ban

Mar 16, 2017, 00:31
California joins court challenge to Trump's latest travel ban

Rather than continue fighting those rulings, the White House made a decision to revoke the initial order and replace it with the new, revised order, which no longer would ban those with permanent resident status or valid shorter-term visas. A provision that gave priority admission to refugees of "a minority religion in the individual's country of nationality" - which Trump himself promoted as support for Christian refugees - was also removed.

The Department of Justice said it was reviewing the filings and would respond to the court. USA officials also said Iraq had agreed to implement new measures to keep people “with criminal or terroristic intent from reaching the United States.”.

Some experts agree, including Jonathan Adler, a professor at Case Western University School of Law.

President Donald Trump's revised travel ban underwent its first legal challenge in federal court Wednesday before a judge who could conceivably halt it a day before it is scheduled to take effect. And I thought it was very, very unfair. While it was based on due process claims that may now be substantially weaker, some experts believe it may have set some important precedents.

"Although the revised Order is narrower in some respects than the initial Order, it retains the two essential pillars of that 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".

Watson pointedly asked: "How do we assess that the neutrality (of the new order's text) isn't a subterfuge in some way?"

On Friday, Robart ruled that neither the Justice Department or the states had properly teed up the issues for him, and requested more formal briefings.

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The order also poses new concerns, including by requiring relevant federal agencies to collect and publish information about convictions of terrorism-related offenses, government charges of terrorism, and gender-based violence against women committed by foreign nationals, while containing no corresponding publication requirement for US citizens.

The state of Washington, joined by five other states, filed a complaint Monday with the same Seattle judge who stayed Trump's original travel ban in February.

The ban differs from Trump's broader January 27 order in that it no longer applies to people from Iraq and does not exclude people who have visas or legal permanent USA residency.

In Maryland, the groups are arguing that the revised ban has the same legal flaws as Trump's first executive order.

"We assume that if a government action is struck down, the government should be allowed to do it better, and that's particularly true in an area like this where Congress has given the executive such broad discretion", he says, citing policies around redistricting and university admission standards that are sometimes found to have discriminatory intent. Pierce, "so it will continue be an issue".

Previously, Judge Leonie Brinkema of the U.S. District Court for the Eastern District of Virginia held in Aziz v. Trump [PDF] that the travel ban in the original EO was adopted for the constitutionally impermissible objective of discriminating against Muslims.

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