Sunday, 5 February 2017

Trump's fifth executive order is challenged for the sixth time in seven days

On 27 January 2017 U.S. President Donald Trump issued Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States and on the basis of its provisions an est. 60,000-100,000 entry and stay visas were provisionally revoked immediately.

I do not think that Trump thought that resistance to his immigration policies would see at least fifty court filings to date and, in relation to this particular executive order would see six judges issue temporary restraining orders of varying lengths.

This is the latest:

State of Washington vs. Donald J. Trump, et al
Subject Matter: Civil Rights

The State of Washington (State) filed this action challenging the President’s Executive Order on immigration of January 27, 2017. The State seeks a finding that certain sections of the Executive Order are contrary to the Constitution and laws of the United States, and enjoining Defendants from implementing or enforcing those sections. The State further seeks entry of a nationwide temporary restraining order. The hearing on this matter was conducted on February 3, 2017.

Judge James L. Robart presiding

The State of Washington’s complaint for declaratory and injunctive relief is 14 pages long with supporting documentation which included the Donald J. Trump Statement on Preventing Muslim Immigration.

The complaint in part alleges that:

President Trump’s actions and that of the U.S. federal government were illegal and violated the equal protection guarantee of the Fifth Amendment of the U.S. Constitution;

they were depriving individuals of their liberty interests without due process of law; 

the Immigration and Nationality Act  prohibits discrimination in the issuance of immigrant visas on the basis of race, nationality, place of 18 birth, or place of residence;

in violation of provision in the Immigration and Nationality Act the Executive Order suspends all immigrant and 7 non-immigrant entry into Washington by individuals from seven countries and forecloses their ability to apply for asylum and withholding of removal, as well as foreclosing their ability to apply for relief under the Convention Against Torture;

the Executive order was motivated by animus and a desire to hurt a particular group; and

it was Trump’s intention to ban immigration and/or travel based on an individual’s Islamic faith and prioritise immigration from Middle Eastern countries based on an individual’s Christian faith.

On 3 February federal judge James L. Robart issued a nation-wide restraining order (with no identified end date) which blocks enforcement of Trump’s 27 January 2017 Executive Order effective immediately.
Tro by zerohedge on Scribd

The White House response was typically indiscreet and was later amended to remove the description of the court’s judgment as “outrageous”.

The next court hearing date is yet to be set or Monday, 6 February 2017.


Trump's tweeted reaction to the Robart restraining order - commencing 11:59 PM on 4 Feb 2017:

No comments: