Hawaii sues over ban
State says order will harm its Muslim population, foreign students and tourism
HONOLULU — Hawaii has become the first state to file a lawsuit against U.S. President Donald Trump’s revised travel ban, saying the order will harm its Muslim population, tourism and foreign students.
Attorneys for the state filed the lawsuit against the U.S. government Wednesday in federal court in Honolulu.
The state had previously sued over Trump’s initial travel ban, but that lawsuit was put on hold while other cases played out across the country.
The revised executive order, which goes into effect March 16, bars new visas for people from six predominantly Muslim countries and temporarily shuts down the U.S. refugee program. It doesn’t apply to travellers who already have visas.
“Hawaii is special in that it has always been non-discriminatory in both its history and constitution,” Attorney General Douglas Chin said. “Twenty per cent of the people are foreign-born, 100,000 are non-citizens and 20 per cent of the labour force is foreign-born.”
Chin, who noted the state has budgeted about $150,000 for an outside law firm to help with the lawsuit, said people in Hawaii find the idea of a travel ban based on nationality distasteful because they remember when Japanese Americans were sent to internment camps during the Second World War. Hawaii was the site of one of the camps.
People in Hawaii know that the fear of newcomers can lead to bad policy, Chin said.
U.S. District Judge Derrick Watson granted the state’s request to continue with the case and set a hearing for March 15 — the day before Trump’s order is due to go into effect.
The U.S. Department of Justice declined to comment on the pending litigation.
The state will argue that the judge should impose a temporary restraining order preventing the ban from taking effect until the lawsuit has been resolved.
Hawaii’s complaint says it is suing to protect its residents, businesses and schools, as well as its “sovereignty against illegal actions of President Donald J. Trump and the federal government.”
The order affects people from Iran, Syria, Somalia, Sudan, Yemen and Libya.
Imam Ismail Elshikh of the Muslim Association of Hawaii, a plaintiff in the state’s challenge, says the ban will keep his Syrian mother-in-law from visiting.
Trump’s “executive order inflicts a grave injury on Muslims in Hawaii, including Dr. Elshikh, his family, and members of his mosque,” Hawaii’s complaint says.
A federal judge in Seattle issued a temporary restraining order halting the initial ban after Washington State and Minnesota sued. The 9th U.S. Circuit Court of Appeals refused to reinstate the order.
While Hawaii is the first to sue to stop the revised ban, the restraining order is still in place and could apply to the new one, too, said Peter Lavalee, a spokesman for the Washington attorney general’s office.
University of Richmond Law School professor Carl Tobias said Hawaii’s complaint seemed in many ways similar to Washington’s successful lawsuit, but whether it would prompt a similar result was tough to say.
He said he expects the judge, an appointee of former president Barack Obama who was a longtime prosecutor, to be receptive to “at least some of it.”