Cornell University Law School professor Stephen Yale-Loehr, co-author of a 21-volume immigration law treatise, offers his opinion on a Hawaii court’s decision today temporarily halting President Trump’s revised immigration travel ban:
Hawaii Federal Court Strikes Down Trump’s Travel Ban 2.0
Contact Yale-Loehr at 607-379-9707 or SWY1@cornell.edu
“A federal district court in Hawaii has blocked President Trump’s second attempt at imposing a temporary travel ban on certain citizens from six Muslim-majority nations–Iran, Libya, Syria, Somalia, Sudan, and Yemen. The Hawaii court’s 43-page opinion is at http://www.hid.uscourts.gov/files/announcement142/CV17-50%20219%20doc.pdf.
“The court’s injunction applies nationwide. The government is sure to appeal, but in the meantime the executive order cannot take effect as planned.”
“The federal court held that the plaintiffs had a strong case that the President’s March 6 executive order, like his earlier order, violated the Constitution’s First Amendment freedom of religion clause by disfavoring Muslims. In reaching that conclusion, the court looked beyond the text of the executive order to statements made by President Trump and his advisors in favor of a Muslim immigration ban.”
“This is a major setback for President Trump. The travel ban litigation will continue for a long time, and could even reach the Supreme Court. President Trump and his advisors should think long and hard before trying to impose a travel ban a third time. They may strike out.”