Judge temporarily blocks Trump’s travel ban nationwide
ASSOCIATED PRESS
Washington Attorney General Bob Ferguson spoke to reporters following a hearing in federal court in Seattle today.
SEATTLE >> A U.S. judge today imposed a nationwide hold on President Donald Trump’s ban on travelers and immigrants from seven predominantly Muslim countries, siding with two states that had challenged the executive order that has launched legal battles across the country.
U.S. District Judge James Robart in Seattle ruled that Washington state and Minnesota had standing to challenge Trump’s order, which government lawyers disputed, and said they showed their case was likely to succeed. About 60,000 people from the affected countries had their visas cancelled.
“The state has met its burden in demonstrating immediate and irreparable injury,” Robart said. “This TRO (temporary restraining order) is granted on a nationwide basis …”
It wasn’t immediately clear what happens next for people who had waited years to receive visas to come to America, however an internal email circulated among Homeland Security officials told employees to comply with the ruling immediately.
White House spokesman Sean Spicer released a statement late today saying they “will file an emergency stay of this outrageous order and defend the executive order of the President, which we believe is lawful and appropriate.” Soon after, the White House sent out a new statement that removed the word “outrageous.”
“The president’s order is intended to protect the homeland and he has the constitutional authority and responsibility to protect the American people,” the statement said.
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Trump’s order last week sparked protests nationwide and confusion at airports as some travelers were detained. The White House has argued that it will make the country safer.
Washington became the first state to sue over the order that temporarily bans travel for people from Iran, Iraq, Syria, Sudan, Somalia, Libya and Yemen and suspends the U.S. refugee program.
State Attorney General Bob Ferguson said the travel ban significantly harms residents and effectively mandates discrimination. Minnesota joined the lawsuit two days later.
After the ruling, Ferguson said people from the affected countries can now apply for entry to the U.S.
“Judge Robart’s decision, effective immediately … puts a halt to President Trump’s unconstitutional and unlawful executive order,” Ferguson said. “The law is a powerful thing — it has the ability to hold everybody accountable to it, and that includes the president of the United States.”
Gillian M. Christensen, a spokeswoman for the Department of Homeland Security, said the agency doesn’t comment on pending litigation. The judge’s ruling could be appealed the 9th U.S. Circuit Court of Appeals.
The judge’s written order, released late today, said it’s not the court’s job to “create policy or judge the wisdom of any particular policy promoted by the other two branches” of government.
The court’s job “is limited to ensuring that the actions taken by the other two branches comport with our country’s laws.”
Robart ordered federal defendants “and their respective officers, agents, servants, employees, attorneys and persons acting in concert or participation with them are hereby enjoined and restrained from” enforcing the executive order.
A State Department official, speaking on condition of anonymity because the matter is under litigation, said today: “We are working closely with the Department of Homeland Security and our legal teams to determine how this affects our operations. We will announce any changes affecting travelers to the United States as soon as that information is available.”
Federal attorneys had argued that Congress gave the president authority to make decisions on national security and immigrant entry.
The two states won a temporary restraining order while the court considers the lawsuit, which aims to permanently block Trump’s order. Court challenges have been filed nationwide from states and advocacy groups.
In court, Washington Solicitor General Noah Purcell said the focus of the state’s legal challenge was the way the president’s order targeted Islam.
Trump has called for a ban on Muslims entering the country, and the travel ban was an effort to make good on that campaign promise, Purcell told the judge.
“Do you see a distinction between campaign statements and the executive order,” Robart asked. “I think it’s a bit of a reach to say the president is anti-Muslim based on what he said in New Hampshire in June.”
Purcell said there was an “overwhelming amount of evidence” to show that the order was directed at the Muslim religion, which is unconstitutional.
When the judge questioned the federal government’s lawyer, Michelle Bennett, he repeatedly questioned the rationale behind the order.
Robart, who was appointed the federal bench by President George W. Bush, asked if there had been any terrorist attacks by people from the seven counties listed in Trump’s order since 9/11. Bennett said she didn’t know.
“The answer is none,” Robart said. “You’re here arguing we have to protect from these individuals from these countries, and there’s no support for that.”
Bennett argued that the states can’t sue on behalf of citizens and the states have failed to show the order is causing irreparable harm.
Robart disagreed.
Up to 60,000 foreigners from the seven majority-Muslim countries had their visas canceled because of the executive order, the State Department said Friday.
That figure contradicts a statement from a Justice Department lawyer on the same day during a court hearing in Virginia about the ban. The lawyer in that case said about 100,000 visas had been revoked.
The State Department clarified that the higher figure includes diplomatic and other visas that were actually exempted from the travel ban, as well as expired visas.
Ferguson, a Democrat, said the order is harming Washington residents, businesses and its education system.
Washington-based businesses Amazon, Expedia and Microsoft support the state’s efforts to stop the order. They say it’s hurting their operations, too.
24 responses to “Judge temporarily blocks Trump’s travel ban nationwide”
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The Constitution will prevail over any single individual. Even someone as vile, ignorant and incompetent as Donald Trump.
This transition has been a hot mess, and things are only going to get worse and courts in every state rule against Trump.Thousands of lawyers have mobilized against him.
One more thing: Eric Trump’s business trip to Uruguay cost taxpayers $97,830 in hotel bills. The Trumps pledged to keep business and government apart, but they will use the publicly funded protection granted to the first family as they travel the globe promoting their brand.
So those of you who whined for eight years about the cost of the Obama family vacation will need to reset your expectations. It looks like Trump’s travel expenses may be 10 times Mr. Obama’s.
Klastri – vile, ignorant and incompetent – you must be talking about klastri. Oh, that’s you.
Mr. Trump is now canceling trips because he’ll be confronted with thousands of protestors.
His presidency is already a failure. I never thought I would be longing for a President Pence. Pence may hate women and LGBT folks, but at least he isn’t insane. Trump is. Obviously.
I truly believe you are insane. Or maybe just Alzheimer’s.
Hitaxpayer – I could not care less what you think about me. Your opinions are worthless.
klastri: the local Goebbles for the ACLU.
Federal law clearly gives the president the right to restrict immigration from ANY country. The executive order does not specify people of any particular religion. The Judge’s order will be overturned on appeal … but then you already know that don’t you.
Trump tried to enact a Muslim ban. You and Trump can lie about that, but the facts are what they are.
Trump is making Bin Laden’s wish come true – that the U.S. would declare was against Islam. It took someone with the deep cowardice of Mr. Trump to become the best recruiter ISIS could hope for.
No way this is a Muslim ban when it affects only 13% of them worldwide. For the other 87% it’s business as usual. Obviously, this is not a religious-based despite what Klastri and Obama says. These are the kind of people and fake news that is dividing this country.
This is why President Trump will Prevail,
McCarran-Walter Act
Very Interesting. Gets more interesting every day, as the public acts outraged, solely due to their ignorance. This is worth passing on. This election is certainly sending us back to the history, constitution, and laws on and in our books.
Donald Trump is right to ask, does anyone know of the McCarran Walter Act of 1952.
It has been a law for almost 65 years, and would seem to indicate that many, if not all, of the people we elect to work for us in Washington DC do NOT have the slightest idea of what laws already exist in OUR country.
After several terrorist incidents were carried out in the United States, Donald Trump was severely criticized for suggesting that the U.S. should limit or temporarily suspend the immigration of certain ethnic groups, nationalities, and even people of certain religions (Muslims). The criticisms condemned such a suggestion as, among other things, being Un-American, dumb, stupid, reckless, dangerous and racist. Congressmen and Senators swore that they would never allow such legislation, and our President called such a prohibition on immigration unconstitutional.
Known as the McCarran-Walter Act, the Immigration and Nationality Act of 1952 allows for the “Suspension of entry or imposition of restrictions by the President, whenever the President finds that the entry of aliens or of any class of aliens into the United States would be detrimental to the interests of the United States. The President may, by proclamation, and for such a period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants or impose any restrictions on the entry of aliens he may deem to be appropriate.”
And who do you suppose last utilized this process? Why it was President Jimmy Carter, no less than 37 years ago, in 1979, to keep Iranians out of the United States.
But he actually did more. He made ALL Iranian students, already in the United States, check in with the government. And then he deported a bunch of them. Seven thousand were found in violation of their visas, and a total of 15,000 Iranians were forced to leave the USA in 1979.
Additionally, it is important to note that the McCarran-Walter Act also requires that an “applicant for immigration must be of good moral character and in agreement with the principles of our Constitution.” Therefore, if it is true that the Quran evidently forbids Muslims to swear allegiance to the U.S. Constitution, then ALL Muslims possibly should be refused immigration to OUR country. (Not to mention that their religion requires them to kill anyone who refuses to convert to Islam, which is why so many Christians have been beheaded, and will be otherwise murdered by Muslims)
Authenticated at: Immigration and Nationality Act of 1952
Where in the Constitution is written that the entry visas cannot be denied? I would like
to know because I could not find it.
Right, deny in country where person is seeking entry to. No visa, no airplane ticket. U. S. Embassys have CPB personnel working along side with State Department. You stop them BEFORE they get here. If CPB grants visa we are stuck legally.
Israeli’s do this all the time, deny entry before they board fight. Seen an incident where El Al denied boarding, PAX booked on Delta, when plane landed in Israel, PAX denied entry. They profile which keeps their planes safe.
This is Why President Trump will Prevail.
McCarran-Walter Act
Very Interesting. Gets more interesting every day, as the public acts outraged, solely due to their ignorance. This is worth passing on. This election is certainly sending us back to the history, constitution, and laws on and in our books.
Donald Trump is right to ask, does anyone know of the McCarran Walter Act of 1952.
It has been a law for almost 65 years, and would seem to indicate that many, if not all, of the people we elect to work for us in Washington DC do NOT have the slightest idea of what laws already exist in OUR country.
After several terrorist incidents were carried out in the United States, Donald Trump was severely criticized for suggesting that the U.S. should limit or temporarily suspend the immigration of certain ethnic groups, nationalities, and even people of certain religions (Muslims). The criticisms condemned such a suggestion as, among other things, being Un-American, dumb, stupid, reckless, dangerous and racist. Congressmen and Senators swore that they would never allow such legislation, and our President called such a prohibition on immigration unconstitutional.
Known as the McCarran-Walter Act, the Immigration and Nationality Act of 1952 allows for the “Suspension of entry or imposition of restrictions by the President, whenever the President finds that the entry of aliens or of any class of aliens into the United States would be detrimental to the interests of the United States. The President may, by proclamation, and for such a period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants or impose any restrictions on the entry of aliens he may deem to be appropriate.”
And who do you suppose last utilized this process? Why it was President Jimmy Carter, no less than 37 years ago, in 1979, to keep Iranians out of the United States.
But he actually did more. He made ALL Iranian students, already in the United States, check in with the government. And then he deported a bunch of them. Seven thousand were found in violation of their visas, and a total of 15,000 Iranians were forced to leave the USA in 1979.
Additionally, it is important to note that the McCarran-Walter Act also requires that an “applicant for immigration must be of good moral character and in agreement with the principles of our Constitution.” Therefore, if it is true that the Quran evidently forbids Muslims to swear allegiance to the U.S. Constitution, then ALL Muslims possibly should be refused immigration to OUR country. (Not to mention that their religion requires them to kill anyone who refuses to convert to Islam, which is why so many Christians have been beheaded, and will be otherwise murdered by Muslims)
Authenticated at: Immigration and Nationality Act of 1952
As usual my comment is awaiting moderation. My only guess is, I do not side with the left and their hatred towards President Trump.
President Trump will prevail because of the McCarren-Walter act of 1952 it has been Law for almost 65 years,
here is a couple exerts from it hopefully I wont get blocked.
Known as the McCarran-Walter Act, the Immigration and Nationality Act of 1952 allows for the “Suspension of entry or imposition of restrictions by the President, whenever the President finds that the entry of aliens or of any class of aliens into the United States would be detrimental to the interests of the United States. The President may, by proclamation, and for such a period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants or impose any restrictions on the entry of aliens he may deem to be appropriate.”
Additionally, it is important to note that the McCarran-Walter Act also requires that an “applicant for immigration must be of good moral character and in agreement with the principles of our Constitution.” Therefore, if it is true that the Quran evidently forbids Muslims to swear allegiance to the U.S. Constitution, then ALL Muslims possibly should be refused immigration to OUR country. (Not to mention that their religion requires them to kill anyone who refuses to convert to Islam, which is why so many Christians have been beheaded, and will be otherwise murdered by Muslims)
The lawsuits are based on what Trump said during his campaign speeches on muslim extremism, a large part of the reason he was elected. You can’t address the problem without first acknowledging it exists.
Saudi Arabia, Afghanistan and Pakistan are not our allies, they are the source of extremism.
No one liked Obama acting by Executive Order and he had an excuse– Republicans controlled the House and Senate– why is Trump doing the same thing? The order needed to be thought through and drafted so it does not run afoul of the constitution and several Federal laws. Trump insiders are angry because Bannon wrote the orders and never let anyone or any lawyer see them– Bannon says he wants to fire out some 50 executive orders and shake up the slow sleepy style of Congress. The Attorney General who won the order also sued Obama using cases that helped Republicans get orders restraining Obama’s order. The judge granting the order is a Republican who was appointed by Bush.
President Bannon hard at work, using Trump as his mouthpiece.
This is not a Muslim ban, it is a precautionary measure to reform and straighten the
immigration law that has been flawed for decades now. Is the duty of the President to
protect the borders of the country, it is not? True that we are a nation of immigrant
but the ‘immigrants’ have now voted “enough is enough’. Maybe the ‘glass is now full’
Short and sweet. The Chumps administration is all fu–ed up.
davcon, thruthful, klastri, keaukaha> DAVCON, good job. Now if only the most rational people can read and comprehend your post they should realize that the POTUS did not exceed his authority using the EO. THRUTHFUL, you are correct in the there is no mention of banning “muslims” in the EO. KLASTRI, why are you so hateful and fearful of the POTUS, is it because you are a liberal, democrat who had voted for HRC? So what she lost the election. Haven’t you ever voted for someone who did not get into office before??? Why are you being such a sore a_s??? You know he that winning the popular vote was not going to give HRC the PRESIDENCY, which has historically been by electoral college votes. KEAUKAHA, are you so immpatient that you feel it necessary to declare the TRUNP (correct spelling) ADMIN is all f___ed up???? It’s only been 2 weeks, my god where is your brain??? Give the POTUS a chance with the first 100 days. Then make your call at that time. Maybe within that 100 days we will be at war with Iran, maybe wwe will have a total ban on anyone coiming into our country. Who knows what will happen. I fel invigorated and refreshed at what changes our country is undergoing. MAGA and AMERICA FIRST1111
ORRECTION: TRUNP to TRUMP, my typing is not so goog, but I hope I made my points to all of you
Correction: TRUNP to TRUMP. Eh, neva mind………..you all got the gist of my post.
ALOHA..