Saturday, June 15, 2024
Hawai'i Free Press

Current Articles | Archives

Monday, March 13, 2017
Hawaii v Trump: ‘Deep Historical Illiteracy’
By News Release @ 12:26 PM :: 4601 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


Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together


Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii