Trump’s travel ban stalls in court again

GREENBELT, MD. • Hours before it was to take effect, President Donald Trump’s revised travel ban was put on hold Wednesday by a federal judge in Hawaii after hearing arguments that the executive order discriminates on the basis of nationality.

The ruling came as opponents renewed their legal challenges across the country, asking judges in three states to block the executive order that targets people from six predominantly Muslim countries.

More than half a dozen states are trying to stop the ban, and federal courts in Maryland, Washington state and Hawaii heard arguments about whether it should be put into practice early Thursday.

U.S. District Court Judge Derrick Watson decision prevents the executive order from going into effect, at least for now. Hawaii had requested a temporary restraining order.

Hawaii also argued that the ban would prevent residents from receiving visits from relatives in the six countries covered by the order. The state says the ban would harm its tourism industry and the ability to recruit foreign students and workers.

In Maryland, attorneys told a federal judge that the measure still discriminates against Muslims.

Government attorneys argued that the ban was revised substantially to address legal concerns, including the removal of an exemption for religious minorities from the affected countries.

“It doesn’t say anything about religion. It doesn’t draw any religious distinctions,” said Jeffrey Wall, who argued for the Justice Department.

Attorneys for the ACLU and other groups said that Trump’s statements on the campaign trail and statements from his advisers since he took office make clear that the intent of the ban is to ban Muslims. Trump policy adviser Stephen Miller has said the revised order was designed to have “the same basic policy outcome” as the first.

The new version of the ban details more of a national security rationale. It is narrower and eases some concerns about violating the due-process rights of travellers.

It applies only to new visas from Somalia, Iran, Syria, Sudan, Libya and Yemen and temporarily shuts down the U.S. refugee program. It does not apply to travellers who already have visas.

“Generally, courts defer on national security to the government,” said U.S. District Judge Theodore Chuang. “Do I need to conclude that the national security purpose is a sham and false?”

In response, ACLU attorney Omar Jadwat pointed to Miller’s statement and said the government had put out misleading and contradictory information about whether banning travel from six specific countries would make the nation safer.