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Offbeat Lawyers challenging Trump’s new travel ban hope for court action by Wednesday

22:11  14 march  2017
22:11  14 march  2017 Source:   msn.com

Four states suing to block Trump's new travel ban

  Four states suing to block Trump's new travel ban <p>Democratic attorneys general in four states announced Thursday that they will try to block the Trump administration's revised executive order on travel in court, pushing for the temporary restraining order that halted the first order to remain intact.</p>In early February, U.S. District Judge James Robart issued an order blocking the first version of the ban, which applied visitors from seven Muslim-majority countries and all immigrants. Robart's ruling was upheld by the 9th U.S. Circuit Court of Appeals, leading the Trump administration to issue the new order on Monday.

With President Trump ’ s new entry ban set to kick in at 12:01 a.m. Thursday, lawyers and volunteers are mounting a last-minute campaign to halt the executive order in federal courts , mobilize protests and aid any travelers who might be stranded this time around. On Wednesday , federal judges in Hawaii

Trump issues new travel ban for 6 Muslim-majority countries, excludes Iraq. On Wednesday , US District Court Judge Derrick Watson allowed Hawaii to file the challenge as an amendment to the original lawsuit relating to the travel ban issued at the end of January.

President Donald Trump (R) © Pablo Martinez Monsivais/AP President Donald Trump (R)

Lawyers for immigrants and refugees say they hope the same federal judge in Seattle who blocked President Trump’s first travel ban will act Tuesday night to halt the president’s revised order before it takes effect Thursday.

U.S. District Judge James L. Robart has ordered the Trump administration’s lawyers to submit a brief by 4:30 p.m. Pacific time (7:30 p.m. EST) in a lawsuit filed by the state of Washington against the president’s latest order, which will suspend the U.S. refu­gee program and temporarily bar the issuance of new visas to citizens of six-Muslim majority countries.

Federal judge declines to halt revised Trump travel ban

  Federal judge declines to halt revised Trump travel ban <p>A U.S. federal court on Friday refused to put an emergency halt to Republican President Donald Trump's revised travel ban, saying lawyers from states opposed to the measure needed to file more extensive court papers.</p>States led by Washington and Minnesota challenged Trump's original executive order, issued in January, which sought to restrict travel from seven Muslim-majority countries and stop refugees from entering the U.S.

Read more. Hawaii challenges Trump ’ s new travel ban in court . Aiding in the lawsuit is Hogan Lovells, a Washington, DC law firm with ties to the Obama administration.

Lawyers challenging Trump ’ s new travel ban hope for court action by Wednesday . Technology. Zuckerberg faces Senate hearing but little hope for action . Apple says it's now powered completely by renewable energy.

“Time is of the essence,” said Peter Lavallee, spokesman for the Washington state Attorney General’s office, which filed the lawsuit with the support of several other states. “We’ll just wait to see what happens.”

Other court hearings are scheduled in similar cases in Hawaii and in federal court in Greenbelt, Md., on Wednesday. A ruling late Tuesday from Robart, who has been the target of bitter criticism by Trump, would alleviate the pressure on them as the cases make their way through the federal courts.

“We believe that the injunction issued in Seattle should remain in force and that the government has not provided a reason why the injunction should be vacated,” said Lee Gelernt, a lawyer with the American Civil Liberties Union, which is representing a refu­gee-rights organization in a similar case in Maryland.

Obama lawyers move fast to join fight against Trump

  Obama lawyers move fast to join fight against Trump <p>When Johnathan Smith resigned from the U.S. Justice Department on Inauguration Day, he looked forward to spending time with his infant son, but that plan unraveled a week later when President Donald Trump unveiled his explosive foreign travel ban.</p>Within two weeks, Smith had a new job as legal director of civil rights group Muslim Advocates and was drafting briefs for a successful court challenge to the ban, joining other former top Obama administration lawyers now fighting Trump.

In an order, the court said it had removed the cases challenging Trump ’ s original ban from its argument calendar until further notice. Trump ’ s new action would restrict travel by people from eight countries — Chad, North Korea, Venezuela, Iran, Libya, Syria, Yemen and Somalia.

Two lower courts had imposed restrictions on Trump ’ s new order, exempting travelers from the six countries who had “bona fide” connections with If anything, Hawaii’s lawyers said, the government’s case deserves even greater scrutiny than before, as compared with the earlier temporary travel bans .

In February, Robart suspended Trump’s first travel ban, a broad executive order issued Jan. 27 that suspended the refu­gee program, halted travel of citizens of seven Muslim majority countries, including those who already had been issued visas, and triggered chaos and protests at airports worldwide.

When Robart froze Trump’s original executive order, the president criticized him on Twitter, declaring him a “so-called judge” and deeming his ruling “ridiculous.” But a three-judge panel with the U.S. Court of Appeals for the 9th Circuit unanimously upheld the judge’s decision and kept Trump’s travel ban on hold.

Instead of appealing, Trump issued a revised order on March 6. The Justice Department has said the new measure supersedes the restraining order imposed on the initial ban, and will be enforced starting Thursday. On Monday, the state of Washington asked the court to stop the administration from doing so.

Federal judge in Hawaii to rule on Trump travel ban before it takes effect

  Federal judge in Hawaii to rule on Trump travel ban before it takes effect Judge is one of three to hear challenges in to the revised executive order on Wednesday. The ban is set to take effect at 12:01 Eastern time Thursday.U.S. District Judge Derrick K. Watson said he would issue a written ruling before 12:01 a.m. Eastern Thursday — which is 6:01 p.m. Wednesday in Hawaii.

When that 90-day ban expired, Trump issued a third iteration of the ban (set to go into effect Wednesday ) and the high court dropped the earlier case. Since this third travel ban is indefinite, legal challenges to it

What Trump changed in the new travel ban . At a rally in Nashville on Wednesday , Trump called the Hawaii court ruling “terrible” and asked a cheering crowd whether the ruling was “done by a judge for political reasons.” Lawyers for the state alleged that the new entry ban , much like the old

“Injunctions are not suggestions,” lawyers for the state of Washington wrote. “When a court enjoins a defendant from enforcing policies, the defendant cannot evade the injunction by announcing that it will continue only some of the illegal policies.”

The new order reduces the list of affected countries from seven to six — removing Iraq, while keeping Iran, Sudan, Somalia, Libya, Yemen and Syria. The order blocks the issuance of new visas for 90 days — exempting those with green cards or visas in hand — and spells out a robust list of people who could apply for exemptions.

The order maintains a 120-day freeze on the refugee program, and slashed the number of refugees to be admitted to the United States this fiscal year from 110,000 to 50,000.

Washington attorney general Bob Ferguson acknowledged that the administration had “capitulated on numerous key provisions that we contested in court,” but he and several other states urged Robart to freeze the new order as well. In a court filing, Ferguson pointed to comments by Trump senior policy adviser Stephen Miller that the new executive order would address “very technical issues” and achieve “the same basic policy outcome.”

What's next for Trump's revised travel ban?

  What's next for Trump's revised travel ban? President Trump vowed to take the legal fight over his temporary travel ban targeting majority-Muslim countries all the way to the Supreme Court. Now, in the wake of a second judicial repudiation, some legal experts say Trump's lawyers may slow down an appeal until his Supreme Court nominee is confirmed and can provide a decisive vote.&nbsp;After a federal judge in Hawaii issued a nationwide temporary restraining order Wednesday, the next logical step is an appeal to the 9th U.S. Circuit Court of Appeals in San Francisco, where a three-judge panel ruled against Trump's first version of the ban last month.

This is not a final ruling on the travel ban : Challenges to the policy are winding through the federal But the action indicates that the high court might eventually approve the latest version of the ban The new policy is not expected to cause the chaos that ensued at airports when Trump rolled out his

Lawyers challenging Trump ’ s new travel ban hope for court action by Wednesday . Technology. Worried GOP views Trump trade war with angst. Trump tweets condemnation of Syria chemical attack, saying Putin shares the blame.

The new order undoubtedly reduces the number of people with standing to sue, but civil liberties advocates and others say it is still legally problematic. Washington and other states have said the imposes economic harm on them, and that, like the first ban, it is unconstitutional because it is intended to discriminate against Muslims.

The administration has disputed that characterization and said the order is necessary for national security. The administration also argues that there is no need to freeze the order while people challenge it in court because it does “no imminent harm.”

“No visa is revoked. No lawful permanent resident traveling abroad is barred from returning,” the Justice Department said in a brief filed Monday in the Maryland lawsuit. “Nobody lawfully in the United States loses any prior ability to leave the country to travel and later return. Plaintiffs, in short, identify no cataclysm that will befall them on March 16 or any time soon thereafter.”

But refu­gee resettlement organizations say Trump’s executive orders are putting families from war-ravaged nations at risk.

Kay Bellor, vice president for programs at Lutheran Immigration and Refugee Service , the second-largest refugee-resettlement agency in the United States, said “the biggest hit for refugees” is that the president has sharply curtailed the number of refugees fleeing war and other dangers from coming to America.

As of March 10, she said, 37,658 refugees have arrived in the United States this fiscal year. If Trump’s ban remains in effect, little more than 12,000 more will be allowed in this year. She said that would leave 60,000 refugees who had hoped to come to this country with no place to go.

“Essentially the door is slamming shut,” Bellow said. “Who knows what cues other countries will take if we just shut the door?”

Read more:

Graphic: What changed in Trump’s new travel ban

Appeals court sets hearing on travel ban .
The federal appeals court in Richmond, Va., Thursday agreed to move quickly in hearing the government's appeal of a lower court order that blocked President Trump's revised travel ban. The Fourth Circuit Court of Appeals set the hearing for 1 p.m. on May 8.District judges in Hawaii and Maryland issued separate orders earlier this mon th blocking the executive order that temporarily bans nationals from six majority-Muslim countries from entering the U.S. hours before it was set to take effect.Trump decided to appeal Maryland's order so his appeal would be heard by the Fourth Circuit.

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