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Judge Blocks Travel Ban

by Richard D’Ambrosio  March 16, 2017

On Wednesday, a federal judge in Hawaii put a hold on President Trump’s new executive travel order just hours before it would have been implemented.

That ruling to temporarily suspend the order was joined just hours later by the decision of a federal judge in Maryland who issued a restraining order suspending only the portion of the executive order that barred the issuance of visas to citizens of Iran, Somalia, Sudan, Yemen, Libya and Syria.

Until the Hawaii judge ruled, the travel industry was preparing for the Trump Administration’s second attempt at restricting travel from those six countries. The first attempt to block certain travelers from visiting the U.S. ended up causing confusion at airports, stranded many legal travelers in overseas destinations, and even led to a temporary decline in travel both to and from the U.S.

In a 43-page opinion, Hawaii’s U.S. District Judge Derrick K. Watson stated the order was meant to discriminate against Muslims and that there was a “strong likelihood of success” that lawsuits by individuals would find the order unconstitutional.

Lawyers for the state of Hawaii alleged in their suit that the new ban violated the First Amendment’s establishment clause, claiming it is a ban on Muslims, hurts the ability of state businesses and universities to recruit, and will damage the state’s tourism.

In Maryland, U.S. District Judge Theodore D. Chuang also indicated the order was intended “to impose a ban on Muslims entering the United States.”

A ruling is also expected from a case before Washington’s federal judge James L. Robart, who was one of the judges to suspend Trump’s first travel ban, and send the administration back to the drawing board.

The previous executive order was more restrictive. For example, Iraq is no longer listed as a country where new visas cannot be issued, and the order doesn’t affect current visa or green-card holders. There also is a list of exceptions.

  
  
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