States challenge Trump’s executive order on travel

Anna Huntsman

President Trump continues to face mixed reviews from Americans regarding his new travel ban.

Some support the changes in the new executive order but others still call it unconstitutional.

As of today, four states plan to challenge the ban in court. Hawaii became the first on March 8 to file a lawsuit against the federal government.

States sue Trump administration over travel ban from on Vimeo.

“There is a significant Muslim population that lives here in Hawaii…who shouldn’t be discriminated or treated as second class citizens just because they’re Muslim or from a certain country,” said Hawaii attorney general Doug Chin on March 8.

On March 9, Washington, New York and Massachusetts all expressed similar intentions. Attorneys are calling for federal judges to suspend the ban.

Kent State associate professor, Daniel Hawes, is an expert in immigration policy and said the states are oppose the new travel began because the wording is still too broad.

“What the states would like…is a more tailored approach where you identify what the risk factors are and what the terrorism criteria is, rather than this incredibly broad policy,” Hawes said.

To sue the federal government, a state must show that the law or order is unconstitutional. It must also prove the law will specifically harm the state. In Hawaii’s case, attorneys plan to cite examples of Syrian families that will be separated by the ban, and that the state will be harmed economically with the decrease in tourism.

“It’s not that uncommon [for a state to sue the federal government],” Hawes said.

State representatives such as Hawaii’s Chin want to make sure all citizens are protected. From a legal perspective, Hawes said states might try to link the ban to statements Trump has made previously about Muslim bans.

“What Hawaii and other states are trying to do is connect the current executive order to statements Trump has made throughout the campaign,” he said. “If they can successfully link the intent of this executive order to statements that he’s made, that this is a Muslim ban, then they’ll be more likely to be successful striking it on those grounds.”

Hawaii’s hearing with a federal judge will be next week on March 15—the day before the ban was supposed to take effect.

Anna Huntsman is a TV2 reporter, contact her at [email protected].