Tuesday, February 25, 2020
Hawai'i Free Press

Current Articles | Archives

Monday, March 13, 2017
Hawaii v Trump: ‘Deep Historical Illiteracy’
By News Release @ 12:26 PM :: 2706 Views :: National News

IRLI Files Brief in Hawaii Lawsuit to Defend the President's Executive Order Preserving America's Security and National Sovereignty

Protecting the Nation from Foreign Terrorist Entry into the United States

News Release from Immigration Reform Law Institute

WASHINGTON, March 10, 2017 -- Today, the Immigration Reform Law Institute (IRLI) filed a friend-of-the-court brief in a federal lawsuit brought by the State of Hawaii to challenge as unlawful President Trump's new Executive Order (EO) temporarily freezing the issuance of visas to certain previously designated terror-risk nations. The President signed the EO on Monday, which is scheduled to take effect March 16.

In the case of State of Hawaii v. Trump, the State is seeking a temporary restraining order (TRO) against the EO's implementation. A hearing on the State's request is scheduled for March 15.

Hawaii alleges that the new EO violates, among other things, the U.S. Constitution's Establishment Clause by disfavoring Islam, the Equal Protection Clause by discriminating on the basis of religion and/or national origin, nationality, or alienage, and the Due Process Clause by restricting travel and depriving liberty interests without a hearing. Also joining Hawaii in the lawsuit is Ismail Elshikh, Imam of the Muslim Association of Hawaii, who alleges that the EO inflicts injury on Muslims in Hawaii, including his family and members of his mosque.

In its brief filed today, IRLI urged the court to deny the plaintiffs' request for a TRO. IRLI showed the court that the plaintiffs not only grossly misunderstand immigration law, but their complaint is based in deep historical illiteracy and a serious disrespect for the sovereignty of the American nation. IRLI called the court's attention to at least seven distinct provisions of the Immigration and Nationality Act (INA) that authorize the President to implement the EO. Unsurprisingly, Hawaii's new complaint fails to deal with these provisions, mentioning one such provision only once and in a cursory fashion.

Dale L. Wilcox, IRLI's Executive Director, commented, "More than a hundred years ago, the U.S. Supreme Court stated, 'The right to exclude or to expel aliens, or any class of aliens, absolutely or upon certain conditions, in war or in peace, is an inherent and inalienable right of every sovereign nation.'" Wilcox continued, "In our constitutional system, Congress has been delegated plenary power over immigration. It has enacted many statutes over decades that restrict alien-entry based on nationality, religion, and ideology; none of which Hawaii's lawyers bother to deal with here. Through those statutes, Congress has given the President broad authority to control the entry of aliens into the United States who he deems detrimental to our interests." 

Wilcox commented further, "Judicial review over presidential action taken pursuant to that power would not only create giant obstacles to the elected branch's power over our nation's borders, but would also severely burden the federal courts. The TRO should not issue and the case should be dismissed as lacking merit."

The brief can be found here: LINK 

UPDATE March 13, 2017: Trump Admin Motion Against TRO




TEXT "follow HawaiiFreePress" to 40404

Register to Vote


808 Silent Majority

808 State Update AM940


ACA Signups Hawaii



Alliance Defending Freedom

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii



Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust 

Build More Hawaiian Homes Working Group

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute


Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

CSIS Pacific Forum

DAR Hawaii


DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii


Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute


Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Families for Educational Choice

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling



Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube


Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

Judgepedia Hawaii

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes


Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group


Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii



National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii


OHA Lies

Opt Out Today


Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii



Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii


SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu


West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii