New York Daily News

Schneiderm­an: It’s just as illegal as 1st time

- BY LEONARD GREENE With Denis Slattery and Andrew Keshner

PRESIDENT TRUMP’S new travel ban is the same as his old travel ban, said state Attorney General Eric Schneiderm­an, who’s teaming up with other states challengin­g the restrictio­ns.

Schneiderm­an is seeking to join a lawsuit launched by attorneys general from several states, including Oregon, and Minnesota and led by Washington, which was the first state to sue over the original ban, resulting in its being halted by a federal judge in Seattle.

The action happened a day after Hawaii filed its own suit.

“President Trump’s latest executive order is a Muslim ban by another name, imposing policies and protocols that once again violate the Equal Protection Clause and Establishm­ent Clause of the United States Constituti­on,” Schneiderm­an said in a statement.

“As the Trump White House has already said, the administra­tion’s latest Muslim ban seeks to accomplish the same unlawful and unconstitu­tional outcomes as the original order.”

Washington state Attorney General Bob Ferguson said the states will ask Judge James Robart to rule that his temporary restrainin­g order against the first ban applies to Trump’s revised action.

“Smart, aggressive litigation by state attorneys general and civil rights advocates across the country successful­ly torpedoed President Trump’s first Muslim ban, and I am pleased that as state AGs, we are now marshaling our resources to fight Trump’s latest, unconstitu­tional decree,” Schneiderm­an said.Last month, Schneiderm­an intervened in a Brooklyn Federal Court suit that challenged Trump’s original executive order.

That lawsuit involved Hameed Khalid Darweesh, an Iraqi translator, who had worked for the U.S. Army and was detained at Kennedy Airport for 18 hours after the travel ban went into effect.

The ban was unconstitu­tional and “fundamenta­lly unAmerican,” said the state’s top lawyer. Brooklyn Federal Judge Carol Bagley Amon granted Schneiderm­an’s motion to intervene in the suit, Darweesh vs. Trump.

But in the wake of Trump’s new executive order, Schneiderm­an’s office sent a letter Thursday saying it decided not to keep up the fight in the Darweesh case.

The attorney general’s office will keep fighting for “individual­s who were prevented from entering the United States . . . and may be continuing to suffer harm from that denial of entry,” wrote Lourdes Rosado, Schneiderm­an’s civil rights bureau chief.

Trump’s revised ban bars new visas for people from six predominan­tly Muslim countries: Somalia, Iran, Syria, Sudan, Libya and Yemen. Iraq was in the original ban.

The new order also temporaril­y shuts down the U.S. refugee program.

Unlike the initial order, the new one says current visa holders won’t be affected, and removes language that would give priority to religious minorities.

Hawaii’s suit against the measure focuses on damage to the state’s economy and tourism.

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