Wall Street Journal
By Ian Lovett
March 8, 2017
The state of Hawaii is planning a legal challenge to the revised travel ban that President Donald Trump signed Monday, setting up an immediate test for the new executive order.
The ban is a scaled-back version of an executive order that Mr. Trump signed in January, which then banned nationals of seven Muslim-majority countries from entering the U.S. and was challenged in court.
Mr. Trump said the travel ban was necessary for national security, but a federal judge put it on hold, and the administration withdrew it instead of continuing to fight in court.
The new order bans nationals of six countries from entering the U.S. for 90 days. Iraqis, who were banned under the original order, will be allowed entry. People already issued visas, as well as green-card holders, are also allowed admittance.
The new order still suspends refugees for 120 days. Religious minorities will no longer be given special consideration, unlike under the previous order.
The new order is scheduled to take effect next week, in an effort to avoid some of the chaos that ensued after the first travel ban.
Civil-rights groups criticized the revised order after it was released Monday, but Hawaii appears to be the first party to make a legal challenge.
“Our view is the new executive order is more of the same that we saw the first time,” said Neal Katyal, an attorney representing the state, who is based in Washington, D.C. “We think it is flatly unconstitutional and illegal.”
Mr. Katyal is a former acting solicitor general in the Obama administration.
The state hasn’t yet filed its complaint but will request an expedited briefing schedule, under which oral arguments could begin by the middle of next week.
Washington state Attorney General Bob Ferguson—whose office challenged the initial ban, leading to its suspension—has said he would make a decision about taking legal action over the new ban by the end of this week.
The White House didn’t immediately respond to a request for comment. The Justice Department declined to comment.
For more information, go to: www.beverlyhillsimmigrationlaw.com