A federal judge in Hawaii has put President Donald Trump’s revised travel ban and suspension of the U.S. Refugee Program on hold.
U.S. District Judge Derrick Watson issued his ruling Wednesday after hearing arguments on Hawaii’s request for a temporary restraining order involving the ban.
The revised Travel Ban was effectively issued by Trump in a New Executive Order (EO) and set to go into effect, tomorrow, March 16.
According to AP:
Hawaii argued that the ban discriminates on the basis of nationality and would prevent Hawaii residents from receiving visits from relatives in the six mostly Muslim countries covered by the ban.
The state also says the ban would harm its tourism industry and the ability to recruit foreign students and workers.
The Petition requested:
Plaintiffs State of Hawaii (“State”) and Ismail Elshikh, Ph.D. seek a nationwide temporary restraining order that would prohibit the Federal Defendants2 from “enforcing or implementing Sections 2 and 6 of the Executive Order” before it takes effect. Pls.’ Mot. for TRO 4, Mar. 8, 2017, ECF No. 65.3 Upon evaluation of the parties’ submissions, and following a hearing on March 15, 2017, the Court concludes that, on the record before it, Plaintiffs have met their burden of establishing a strong likelihood of success on the merits of their Establishment Clause claim, that irreparable injury is likely if the requested relief is not issued, and that the balance of the equities and public interest counsel in favor of granting the requested relief. Accordingly, Plaintiffs’ Motion for TRO (ECF. No. 65) is granted for the reasons detailed below.
Note Section 6 covers the 120 Suspension of the entire USA Refugee Program.
And the Order covers both sections to include the Travel Ban and the 120 day suspension:
TEMPORARY RESTRAINING ORDER
It is hereby ADJUDGED, ORDERED, and DECREED that:
Defendants and all their respective officers, agents, servants, employees, and attorneys, and persons in active concert or participation with them, are hereby enjoined from enforcing or implementing Sections 2 and 6 of the Executive Order across the Nation. Enforcement of these provisions in all places, including the United States, at all United States borders and ports of entry, and in the issuance of visas is prohibited, pending further orders from this Court.
Six other states are trying to stop the Trump Travel ban and suspension.
Trump’s new EO is more than a travel ban, and more than a Muslim ban, but also an order to suspend the entire US Refugee program for 120 days, (Sec 6) causing much hardship for refugees already assigned to the USA poised for assignment for resettlement. Now it seems again a Court has halted this suspension – thereby in effect ordering agencies charged with resettling refugees to keep working.
HOWEVER –
Melanie Nathan, African Human Rights Coalition is pointing out:
It is important to note that while working with refugees in Africa, and upon an inadvertent admission that I received in a communication I received from an agency in Africa which works on the US Refugee Program resettlement, it is apparent that the agency may have been instructed to refrain from continuing to pursue its obligations under the US Refugee program, despite the previous court order and appeals (TRO) halting the Trump Ban. To me it seems as if the Trump administration may have ordered agencies to defy the previous Court Order. I wonder if any mainstream news outlets have investigated the actual programs to see if they were moving forward.
All Agents of the government are ordered to not adhere to Trump’s ban and suspension and so the U.S. Refugee program must continue for now.
Read the new Court Decision and TRO by Judge Watson in Hawaii: HERE
