Judge halts newest Trump travel ban

Second judge halts Trump's travel ban

Theodore Chuang, a USA district judge in Maryland, granted a nationwide preliminary injunction late on Tuesday, after Derrick Watson, a U.S. district judge in Hawaii, blocked the revised ban earlier that day.

Chuang's ruling described how the president undermined his administration's attempt at policy.

"There's not really any time limit on evidence in a case as long as the evidence can be authenticated and it's relevant", said Jan Jacobowitz, a law professor at the University of Miami. In many cases, Congressional members have not even issued a single public statement about the Muslim bans in the past ten months.

One thing remains clear through the disorienting cloud of litigation surrounding the president's embattled attempts to fulfill a campaign promise of banning Muslims: nothing is preventing President Trump from trying new versions of his Muslim ban over and over again until he achieves a paradoxically constitutional Muslim ban.

But the first and second versions of the travel ban were always created to be temporary, while the federal government examined countries' cooperation with USA attempts to vet immigrants and visa holders. The inclusion in this third version of two non-Muslim-majority countries - North Korea and Venezuela - did not "persuasively show a lack of religious purpose" for the ban, the court observed.

The White House said on October 17 that Watson's latest ruling was "dangerously flawed" and "undercuts the president's efforts to keep the American people safe".

Wednesday's ruling followed a ruling Tuesday by Judge Derrick K. Watson, a judge for the U.S. District Court for the District of Hawaii, to halt the travel restrictions a day before they would have taken effect.

White House press secretary Sarah Sanders said the countries included in the third travel ban are based on an "inability or unwillingness to share critical information necessary to safely vet applications, as well as a threat assessment related to terrorism, instability and other grave national security concerns".

The fate of Trump's attempts to ban people from certain countries from the U.S. has been one of the most convoluted plot lines in an extremely convoluted presidency. It prohibits the administration from enforcing the ban against people who can not prove they have a "bona fide" - or good faith - relationship with USA persons or entities, such as businesses or universities. The Justice Department says it will appeal. This amounts to discrimination, the judge said.

Watson sees the executive order as still discriminating on the basis of nationality.

Last Monday, a brief one page order handed down by the Supreme Court directed the Fourth Circuit Court of Appeals to dismiss the IRAP v. Trump as moot without expressing any view on the merits of the case. Yet, it is impossible to specify inadequate entry procedures without designating the responsible and high risk countries. His ruling says the latest version discriminates based on nationality.

In Maryland, District Court Judge Theodore Chuang notably only enjoined the order as to the Muslim countries and only as to individuals without "a bona fide relationship with an individual or entity in the United States".

In the last week, two federal district-court judges in two different federal circuits have issued new injunctions against the Trump administration's latest "travel ban".

The Ninth Circuit Court earlier had upheld a prior ruling by Judge Watson against the second Trump executive order, which had been issued in March.



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