ATG NEWS RELEASE: Hawaii case stayed so long as nationwide order blocking president’s immigration ban remains in place

Posted on Feb 7, 2017 in Latest News

HONOLULU – Attorney General Doug Chin announced today that a Hawaii federal judge has stayed the lawsuit filed by the State of Hawaii – challenging a travel ban imposed by President Donald Trump – so long as a nationwide injunction against the President’s Executive Order remains in place, or until further order of the court.

Attorney General Chin said, “A federal judge in Seattle halted implementation of this unconstitutional and illegal Executive Order banning travel by persons based strictly upon their nation of origin and religion. As of right now this applies to all jurisdictions, including our state. If the situation ever changes, our own federal judge retains the option to reschedule Hawaii’s hearing.”

Last Friday, the State of Hawaii asked the court to block implementation of the January 27, 2017 Executive Order signed by President Trump entitled “Protecting the Nation From Foreign Terrorist Entry Into the United States.” The Executive Order restricts immigration from seven Muslim-majority countries: Iraq, Iran, Syria, Somalia, Sudan, Libya, and Yemen. It suspends all refugee admission for 120 days and bars all Syrian refugees indefinitely. It grants entry preferences to minority religions. Hawaii’s lawsuit alleged that the Executive Order violates the establishment clause of the First Amendment, denies equal protection of the law, and violates due process rights and other federal statutes.

After Hawaii filed its lawsuit, Hawaii federal district judge Derrick K. Watson scheduled a hearing on a temporary restraining order for Wednesday, February 8. On the same day Hawaii filed its lawsuit, Seattle federal district judge James L. Robart issued an injunction against the Executive Order that applied nationwide in Washington v. Trump, 2:17-cv-141 (W.D. Wash.). The federal government appealed the Washington injunction over the weekend to the Ninth Circuit Court of Appeals. Today’s order from Judge Watson stays the Hawaii lawsuit so long as the Washington nationwide injunction remains in place.

Attorney General Chin added, “Hawaii is part of the same appellate circuit as the state of Washington, which is the Ninth Circuit. We submitted our own legal arguments in this case to the Ninth Circuit in an amicus brief which they accepted. A ruling from the Ninth Circuit would apply to both states. If, however, for any reason the Ninth Circuit comes down with a decision that does not address Hawaii’s concerns – such as those related to our unique status as an island state – then Judge Watson still has the option to reschedule Hawaii’s hearing.”

A copy of Judge Watson’s docket entry from today is attached.

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For more information, contact:

Joshua A. Wisch

Special Assistant to the Attorney General

Phone: (808) 586-1284

Email: joshua.A.Wisch@hawaii.gov

Web: http://ag.hawaii.gov

Twitter: @ATGHIgov