• Follow on Facebook

  • air-tour-kauai
  • what-to-do-media
  • RSS W2DM

  • puako-general-store
  • Cheneviere Couture
  • PKF Document Shredding
  • Arnotts Mauna Kea Tours
  • World Botanical Garden
  • Hilton Waikoloa Village
  • Hilton Luau
  • Dolphin Quest Waikoloa
  • Discount Hawaii Car Rental
  • 10% Off WikiFresh

  • Say When

    May 2017
    S M T W T F S
    « Apr    
     123456
    78910111213
    14151617181920
    21222324252627
    28293031  
  • When

  • RSS Pulpconnection

  • Recent Comments

Travel Ban Case Update: Hawaii Files Answering Brief with the Ninth Circuit Court Appeals

Last Friday afternoon the State of Hawaii filed its answering brief with the Ninth Circuit Court of Appeals in Hawaii v. Trump.

Click to read

On March 15, 2017, Judge Derrick Watson issued a 43-page opinion temporarily enjoining the federal government nationwide from enforcing or implementing Sections 2 and 6 of a second Executive Order issued by President Trump (the travel ban).

The travel ban would have restricted immigration from Iran, Syria, Somalia, Sudan, Libya, and Yemen, and also temporarily suspended refugee admissions. The travel ban had been scheduled to become effective on March 16, 2017.

The temporary restraining order blocking the travel ban was converted to a preliminary injunction on March 29, 2017. On April 7, 2017, the Department of Justice filed its opening brief seeking to overturn that preliminary injunction.

Hawaii’s answering brief states in part:

“The Executive Order flouts [the] protections [in the Constitution]. While the Constitution commits the immigration power to Congress, the President claims it for his own, recognizing no statutory limits on his powers of exclusion. And while the Bill of Rights guarantees Due Process and forbids the establishment of religion, the President seeks to enact a thinly veiled Muslim ban, shorn of procedural protections and premised on the belief that those who practice Islam are a danger to our country. The Constitution is not so easily cast aside.”

The Trump Administration is expected to file a reply brief on April 28, 2017. The appeal is scheduled to be heard before a panel of the Ninth Circuit Court of Appeals on May 15, 2017 at 9:30 a.m. in Seattle, Washington.

Trump Travel Ban Case Update: Court Grants Conversion of Temporary Restraining Order to Preliminary Injunction

Attorney General Doug Chin

Attorney General Doug Chin issued the following statement today in response to the ruling by federal judge Derrick K. Watson granting the state’s motion to convert the temporary restraining order enjoining the President’s travel ban to a preliminary injunction:

“This is an important affirmation of the values of religious freedom enshrined in our Constitution’s First Amendment. With a preliminary injunction in place, people in Hawaii with family in the six affected Muslim-majority countries – as well as Hawaii students, travelers, and refugees across the world – face less uncertainty. While we understand that the President may appeal, we believe the court’s well-reasoned decision will be affirmed.”

Unlike a temporary restraining order, a preliminary injunction generally has no set expiration date.

Trump Travel Ban Update: Hawaii Seeks Conversion of Temporary Restraining Order to Preliminary Injunction

Hawaii Attorney General Doug Chin announced today that the state of Hawaii has moved to convert the temporary restraining order issued last week by Hawaii federal judge Derrick K. Watson in the travel ban case into a preliminary injunction.

Attorney General Doug Chin

On March 15, 2017, Judge Watson issued a 43-page opinion enjoining the federal government nationwide from enforcing or implementing Sections 2 and 6 of a second Executive Order issued by President Trump. That Executive Order would have restricted immigration from Iran, Syria, Somalia, Sudan, Libya, and Yemen, and also temporarily suspended refugee admissions. The second Executive Order had been scheduled to become effective on March 16, 2017.

Attorney General Chin said, “Protecting national security and the safety of our state is critically important, but executive orders must not discriminate against people based on national origin or religion. President Trump during his campaign called for a Muslim ban. His comments in the last week indicate he still supports that policy.”

In today’s filings, Hawaii quotes from the following statement made by the President at a rally in Nashville, Tennessee on the evening of March 15 after the federal court had issued its temporary restraining order:

“The order [Judge Watson] blocked was a watered down version of the first order that was also blocked by another judge and should have never been blocked to start with . . . . Remember this. I wasn’t thrilled, but the lawyers all said, oh, let’s tailor it. This is a watered down version of the first one. This is a watered down version. And let me tell you something, I think we ought to go back to the first one and go all the way, which is what I wanted to do in the first place.”

Today’s filings also describe a television interview later that night during which President Trump stated that it was “very hard” to assimilate Muslims into Western culture.

Under federal court rules, a temporary restraining order expires 14 days after entry, unless the court extends it. In contrast, a preliminary injunction will last as long as directed by the court.

A hearing on today’s motion is currently scheduled before Judge Watson on March 29, 2017 at 9:30 a.m. The Court has advised that the hearing date and time may be changed or vacated upon review of the written briefs. The parties have also stipulated that Judge Watson’s nationwide order of March 15, 2017 shall remain in place until such time as the Court rules on whether the TRO should be converted to a preliminary injunction or until otherwise ordered by the Court.

Copies of the motion to convert the temporary restraining order to a preliminary injunction and the memorandum in support of the motion are attached.

Rep. Tulsi Gabbard Statement on Federal Stay on Travel Ban

Rep. Tulsi Gabbard (HI-02) released the statement below after U.S. District Court Judge Derrick Watson in Honolulu issued a nationwide stay temporarily preventing the Trump Administration’s travel ban from going into effect:

“Hawaiʻi is a place where people with different ideas, backgrounds, religions, and ethnicities feel welcomed and respected. It’s only right that our Attorney General Doug Chin represent those values in working to stop this blanket travel ban from going into effect. This travel ban is bad policy, plain and simple.”