Hawaii Opposes Travel Ban 3.0

Today the State of Hawaii, Dr. Ismail Elshikh, the Muslim Association of Hawaii, and two prospective Doe plaintiffs filed a proposed Third Amended Complaint in Hawaii v. Trump. The proposed complaint was accompanied by a motion for temporary restraining order.

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As stated in the memorandum in support of the motion for temporary restraining order:

On September 24, 2017, the President issued a proclamation that imposes an indefinite nationality-based ban on travel and targets an overwhelmingly Muslim population. The President has fulfilled his prior promises: He has issued a “larger, tougher, and more specific” version of the travel ban that this Court and the Ninth Circuit found violative of the Nation’s laws and most basic constitutional commitments.

It should come as little surprise, then, that the new order replicates all of the legal flaws evident in its precursors. It again openly “discriminate[s] * * * in the issuance of an immigrant visa because of * * * nationality.” It still fails, despite its elaborate rationalizations, to make any “find[ing]” remotely adequate to support its sweeping ban of millions of foreign nationals. It exceeds the limits on the President’s exclusion authority that have been recognized for nearly a century, by supplanting Congress’s immigration policies with the President’s own unilateral and indefinite ban. And it continues to effectuate the President’s unrepudiated promise to exclude Muslims from the United States.

Copies of the proposed third amended complaint and memorandum in support of the motion for temporary restraining order are attached.

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