Citing business and constitutional issues, Hawaii challenges revised travel ban

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In a U.S. District Court motion filed Tuesday, the state of Hawaii asked for a temporary restraining order to block President Donald Trump’s recently revised travel ban for visitors from majority-Muslim countries.

The lawsuit (PDF) was filed in February, and Hawaii is likely the first state to legally challenge the revised order, the Honolulu Star Advertiser reports. Released Monday, the order still imposes a 90-day ban on visitors from six countries, but Iraq was removed from the list. It no longer prohibits entry by legal U.S. residents, current visa holders or some other travelers, such as diplomats or businesspeople.

Ismail Elshikh, imam of the Muslim Association of Hawaii, is named as a co-plaintiff on the Hawaii filing. Douglas Chin, attorney general of Hawaii, and Neal Katyal, a former acting solicitor general in the Obama administration, who is now a Hogan Lovells partner, filed the case.

“The new executive order is resulting in the establishment of religion in the state of Hawaii contrary to its state constitution; it is inflicting immediate damage to Hawaii’s economy, educational institutions and tourism industry; and it is subjecting a portion of the state’s citizens to second-class treatment and discrimination, while denying all Hawaii residents the benefits of an inclusive and pluralistic society,” the motion (PDF), filed Tuesday, reads. “The new executive order is also denying Dr. Elshikh his fundamental rights under the First and Fifth amendments and federal statutes by treating him unfairly on the basis of his national origin, while establishing a disfavored religion in this country.”




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