UPDATE Feb 3, 2017: Hawaii sues Trump over immigration ban
HAWAII V. TRUMP
News Release from Hawaii Attorney General, Feb 3, 2017
HONOLULU – Hawaii Attorney General Doug Chin announced today that the state of Hawaii has filed a lawsuit against President Donald Trump in Hawaii federal court.
The lawsuit filed today asks the court to block implementation of the January 27, 2017 Executive Order signed by President Trump entitled “Protecting the Nation From Foreign Terrorist Entry Into the United States.” The Executive Order restricts immigration from seven Muslim-majority countries: Iraq, Iran, Syria, Somalia, Sudan, Libya, and Yemen. It suspends all refugee admission for 120 days and bars all Syrian refugees indefinitely. It grants entry preferences to minority religions. This order is the beginning of the fulfillment of President Trump’s campaign pledge to implement a “total and complete shutdown of Muslims entering the United States.”
Attorney General Chin said, “What makes our country special and a beacon across the world is its inclusive democracy and the rule of law. Everyone in the United States, including the President, must follow the law and follow the Constitution.”
The complaint alleges several causes of action:
- The Executive Order is unconstitutional because it favors one religion over another in violation of the establishment clause of the First Amendment;
- The Executive Order is unconstitutional because it denies equal protection of the law on the basis of national origin;
- The Executive Order is unconstitutional because it curtails the right to travel without any legal justification;
- The Executive Order is unconstitutional because it deprives individuals of their liberty interests without due process of law; and
- The Executive Order is illegal because it violates the Immigration and Nationality Act and the Administrative Procedures Act.
Hawaii’s papers filed today asked the court to block the order across the country. As the state’s memo argues:
Hawaii joins the many voices that have condemned the Order. But this pleading is not about politics or rhetoric—it is about the law. The simple fact is that the Order is unlawful. By banning Muslims and creating a preference for Christian refugees, the Order violates the Establishment Clause of the United States Constitution. By those same acts, it violates the equal protection guarantee of the Fifth Amendment. By failing utterly to provide procedures or protections of any kind for people detained or turned away at our airports, it violates the Due Process Clause. And by enshrining rank discrimination on the basis of nationality and religion, it flies in the face of statutes enacted by Congress.
Hawaii has asked for a hearing on its motion for a temporary restraining order in no more than 14 days.
Attorney General Chin added, “Hawaii is an island state. This illegal order affects our state in a unique way. Under this order, an Iraqi permanent resident on the mainland U.S. cannot leave the country without the risk of never being allowed to return, but he still can travel throughout the continental United States. That same person here cannot so much as visit another island within our state for fear of being detained by federal agents at the airport. In the past, the people of this state experienced discrimination by the federal government based on national origin. We must speak up and not let this happen again.”
Assisting the state of Hawaii in the litigation is Neal Kumar Katyal, Esq., former Acting Solicitor General of the United States during the Obama Administration. He is currently a partner at the Washington, D.C. law firm Hogan Lovells, and a law professor at Georgetown University.
Copies of the complaint, motion for a temporary restraining order, and memorandum in support of the motion for a temporary restraining order are attached.
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Two Iraqi Refugees Slated to Come to Hawaii
HNN Jan 30, 2017: …According to the Pacific Gateway Center Resettlement Program, two people from Iraq are awaiting entry to Hawaii….
read … Coming to Hawaii
Hawaii Attorney General to Sue Trump to Keep Muslim ‘Refugees’ Flowing Into Country?
The Independent (UK): The chief legal advisers to several US states are considering a court challenge to President Donald Trump's executive order, which restricts people from seven Muslim-majority countries from entering the United States (temporarily for a few months).
State attorneys general in Pennsylvania, Washington, and Hawaii said they were evaluating what specific claims could be filed, and (judge shopping) in which court….
“We do believe the executive order is unconstitutional,” said Hawaii's attorney general Douglas Chin declining to give any more detail….
(Translation: We have lots of liberal federal judges here so we can get a favorable ruling without difficulty.)
NYT: Obama-appointed NY Federal Judge Orders More Muslim migrants into US
read … State attorney generals discuss court challenge against Donald Trump's immigration order
Media Hypes Usual Gaggle of Maoist-led Protesters at HNL Airport
CB: Doug Chin is among 17 attorneys general condemning Trump’s order blocking entry to the U.S. for citizens of seven countries.
Meantime, on Sunday, World Can’t Wait-Hawaii (Maoist front group) planned a protest at Honolulu International Airport to denounce what is widely seen as a ban on Muslims.
And the White House itself issued this statement Sunday: “The seven countries named in the Executive Order are the same countries previously identified by the Obama administration as sources of terror. To be clear, this is not a Muslim ban, as the media is falsely reporting. This is not about religion — this is about terror and keeping our country safe.”
President Donald J. Trump issued a statement today regarding recent executive orders concerning extreme vetting:
"America is a proud nation of immigrants and we will continue to show compassion to those fleeing oppression, but we will do so while protecting our own citizens and border. America has always been the land of the free and home of the brave. We will keep it free and keep it safe, as the media knows, but refuses to say. My policy is similar to what President Obama did in 2011 when he banned visas for refugees from Iraq for six months. The seven countries named in the Executive Order are the same countries previously identified by the Obama administration as sources of terror. To be clear, this is not a Muslim ban, as the media is falsely reporting. This is not about religion - this is about terror and keeping our country safe. There are over 40 different countries worldwide that are majority Muslim that are not affected by this order. We will again be issuing visas to all countries once we are sure we have reviewed and implemented the most secure policies over the next 90 days. I have tremendous feeling for the people involved in this horrific humanitarian crisis in Syria. My first priority will always be to protect and serve our country, but as President I will find ways to help all those who are suffering.”
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STATEMENT OF GOVERNOR DAVID IGE ON IMMIGRATION TO THE UNITED STATES
Gov. David Ige today January 29, 2017 issued the following statement on immigration to the United States:
“I have been in contact with Attorney General Doug Chin regarding several orders issued by the federal courts in the last 24 hours. We believe these orders apply to all U.S. international airports, including those in Honolulu and Kona, and expect legal travelers to this country to be welcomed in Hawai‘i without being detained unlawfully by the federal government.
“Refugees entering the United States are screened by the National Counterterrorism Center, FBI, Defense and State departments, and U.S. Customs and Border Protection. Refugees fleeing from war and persecution seek, simply, a better life.
“Hawai‘i has a proud history as a place immigrants of diverse backgrounds can achieve their dreams through hard work. Many of our people also know all too well the consequences of giving in to fear of newcomers. The remains of the internment camp at Honouliuli are a sad testament to that fear. We must remain true to our values and be vigilant where we see the worst part of history about to be repeated.”
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Seventeen Attorneys General stand up for individual freedoms, condemn un-American federal executive order
News Release from Office of the Attorney General January 29, 2017
“As the chief legal officers for over 130 million Americans and foreign residents of our states, we condemn President Trump's unconstitutional, un-American and unlawful Executive Order and will work together to ensure the federal government obeys the Constitution, respects our history as a nation of immigrants, and does not unlawfully target anyone because of their national origin or faith. Religious liberty has been, and always will be, a bedrock principle of our country and no president can change that truth. Yesterday, multiple federal courts ordered a stay of the Administration’s dangerous Executive Order. We applaud those decisions and will use all of the tools of our offices to fight this unconstitutional order and preserve our nation’s national security and core values. We are confident that the Executive Order will ultimately be struck down by the courts. In the meantime, we are committed to working to ensure that as few people as possible suffer from the chaotic situation that it has created.”
Current states on are: CA, NY, PA, WA, MA, HI, VA, OR, DC, CT, VT, IL, NM, IA, ME, RI & MD