Two federal judges have temporarily blocked President Donald Trump's
travel ban, both citing Trump's statements about Muslims during the
presidential campaign as part of their rulings.
A ruling by a federal judge in Hawaii
Wednesday resulted in a temporary restraining order nationwide, hours
before it was set to go into effect. In a decision published Thursday
morning, another federal judge in Maryland specifically blocked the
90-day ban on immigration for citizens of six Muslim-majority countries.
In a 43-page ruling,
US District Court Judge Derrick Watson, who presides in Honolulu,
concluded in no uncertain terms that the new executive order failed to
pass legal muster at this stage and the state had established "a strong
likelihood of success" on their claims of religious discrimination.
Trump decried Watson's ruling during a rally Wednesday night in Nashville, introducing his statement as "the bad, the sad news."
"The order he blocked was a watered-down version of the first one," Trump said, as the crowd booed the news.
"This is, in the opinion of many, an
unprecedented judicial overreach," he added, before pledging to take the
issue to the Supreme Court if necessary.
The practical effect of Watson's ruling
which applies nationwide is that travelers from six Muslim-majority
countries and refugees will be able to travel to the US.
Unlike
the previous executive order, the new one removed Iraq from the list of
banned countries, exempted those with green cards and visas and removed
a provision that arguably prioritizes certain religious minorities.
The
new ban was announced earlier this month and was set to take effect
Thursday. It would have banned people from Iran, Libya, Somalia, Sudan,
Syria, and Yemen from entering the US for 90 days and all refugees for
120 days.
"The illogic of the
Government's contentions is palpable. The notion that one can
demonstrate animus toward any group of people only by targeting all of
them at once is fundamentally flawed," Watson wrote.
"Equally
flawed is the notion that the Executive Order cannot be found to have
targeted Islam because it applies to all individuals in the six
referenced countries," Watson added. "It is undisputed, using the
primary source upon which the Government itself relies, that these six
countries have overwhelmingly Muslim populations that range from 90.7%
to 99.8%."
"It would therefore be
no paradigmatic leap to conclude that targeting these countries likewise
targets Islam," Watson added. "Certainly, it would be inappropriate to
conclude, as the Government does, that it does not."
"When
considered alongside the constitutional injuries and harms and the
questionable evidence supporting the Government's national security
motivations, the balance of equities and public interests justify
granting the Plaintiffs' (request to block the new order)," Watson
wrote.
The Justice Department said it will defend the new travel ban.
"The
Department of Justice strongly disagrees with the federal district
court's ruling, which is flawed both in reasoning and in scope. The
President's Executive Order falls squarely within his lawful authority
in seeking to protect our Nation's security, and the Department will
continue to defend this Executive Order in the courts," DOJ said in a
statement Wednesday night.
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