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    December 2017
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Hawaii to Challenge Travel Ban 3.0

Today Hawaii filed supplemental briefing with the United States Supreme Court regarding the Hawaii v. Trump litigation. Shortly after filing that supplemental briefing, Hawaii notified the U.S. Supreme Court that it intends to seek leave from the Hawaii federal district court to file an amended complaint challenging the lawfulness of the third travel ban.

Click to read full letter

Attorney General Doug Chin said, “Hawaii fought the first and second travel bans because they were illegal and unconstitutional efforts to implement the President’s Muslim ban. Unfortunately, the third travel ban is more of the same. This new ban still discriminates on the basis of nationality, it still exceeds the President’s legal authority, and it still seeks to implement his Muslim ban. Simply adding an obvious target like North Korea to the list and banning travel by some government officials from Venezuela does nothing to disguise this. And – unlike the first two versions – Travel Ban 3.0 has no end date.”

Hawaii’s supplemental brief filed with the Supreme Court and its letter to the Supreme Court clerk are both attached.

U.S. Supreme Court Orders Supplemental Briefing to Address Travel Ban 3.0

The United States Supreme Court today ordered the parties in the travel ban lawsuits to submit additional arguments analyzing the effect of President Trump’s third version of the travel ban issued yesterday. The Supreme Court also removed oral arguments for these cases scheduled to be heard on October 10, 2017 from its calendar. The cases have not been dismissed and the Supreme Court has reserved the option to reschedule oral arguments for a later date.

Attorny General Doug Chin

According to Attorney General Doug Chin, “Hawaii has always said the President must safeguard the country, but not in a way that violates immigration laws or discriminates based upon religion or national origin. The first and second travel bans failed this test, violated the law, and violated the constitution. We respect the Supreme Court’s instruction to analyze how, if at all, Travel Ban 3.0 affects the existing cases. We are reviewing the new order itself to determine if it is also legally objectionable.”

Because the Supreme Court has ordered supplemental briefing to be submitted by October 5, 2017, Hawaii will reserve most of its arguments, analysis, and comments about the effects of the new ban for those briefing papers.