Washington
The decision from U.S. District Judge Derrick Watson in Hawaii is sure to be appealed, but for now, it means that the administration cannot restrict the entry of travelers from six of the eight countries that officials said were unable or unwilling to provide information that the United States wanted to vet the countries’ citizens.
The latest ban was set to go fully into effect early this morning, barring various types of travelers from Syria, Libya, Iran, Yemen, Chad, Somalia, North Korea and Venezuela. Watson’s order stops it, at least temporarily, with respect to all the countries except North Korea and Venezuela.
In a 40-page decision granting the state of Hawaii’s request for a temporary restraining order nationwide, Watson wrote that the latest ban “suffers from precisely the same maladies as its predecessor.”
Watson also wrote that the executive order “plainly discriminates based on nationality” in a way that is opposed to federal law and “the founding principles of this Nation.”
The White House said in a statement that Watson’s “dangerously flawed” order “undercuts the president’s efforts to keep the American people safe and enforce minimum security standards for entry into the United States.”
“These restrictions are vital to ensuring that foreign nations comply with the minimum security standards required for the integrity of our immigration system and the security of our Nation,” the White House statement said. “We are therefore confident that the Judiciary will ultimately uphold the president’s lawful and necessary action and swiftly restore its vital protections for the safety of the American people.”
The State Department said that it instructed embassies and consulates across the globe to resume regular processing of visas for people from the six countries but that it would implement the order for those affected from Venezuela and North Korea. Justice Department spokesman Ian Prior said government lawyers would appeal the judge’s decision in an “expeditious manner.”
“Today’s ruling is incorrect, fails to properly respect the separation of powers, and has the potential to cause serious negative consequences for our national security,” he said.
Opponents of the ban, though, hailed the judge’s ruling. Hawaii Attorney General Douglas Chin said, “Today is another victory for the rule of law. We stand ready to defend it.”
Trump was blocked by courts from imposing his last two versions of the travel ban, but the ultimate question of whether he ever had the authority to implement such a measure remains somewhat murky.
The Supreme Court had been scheduled to hear arguments on his second travel ban, inked in March, which barred the entry of citizens from six majority-Muslim countries and refugees from everywhere. But a key portion of that ban expired and Trump issued his latest ban before the hearing.