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This Is What’s Happening In The Courts On Trump’s Revised Refugee Order

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Before President Donald Trump’s revised executive order on refugees and migrants takes effect on Thursday, it must survive a bevy of legal challenges, which will be heard just hours before its scheduled implementation.

Though additional challenges will no doubt emerge in the coming weeks, Wednesday will see three hearings from various plaintiffs, including blue state attorneys general and advocacy groups, who hope to stop parts of the order before Thursday.

Wednesday Hearings

Washington state Attorney General Bob Ferguson asked U.S. District Court Judge James Robart — who issued an order temporarily barring enforcement of the first executive order — to block provisions of the new directive which suspend the refugee resettlement program and block travel from six countries with high instances of terror.

Robart will hear arguments from Ferguson and Department of Justice lawyers Wednesday, before determining whether to temporarily block the revised order. California, Maryland, Massachusetts, New York, and Oregon are backing Washington’s suit.

Washington filed its amended complaint in the U.S. District Court for the Western District of Washington Monday morning.

Government lawyers will also defend the order before U.S. District Judge Theordore Chuang Wednesday morning. A coalition of advocacy groups, including the ACLU, the National Immigration Law Center, the International Refugee Assistance Project, and HIAS, Inc., have asked the U.S. District Court for the District of Maryland to block the order in its entirety.

A third hearing will take place in Hawaii Wednesday before U.S. District Judge Derrick Watson. Hawaii Attorney General Doug Chin is challenging the same provisions implicated in the Washington litigation. The state has enlisted former acting Solicitor General Neal Katyal of Hogan Lovells for support in the challenge.

To prevail in these challenges, the plaintiffs must demonstrate that they will suffer irreparable harm without a ruling temporarily barring the order, and that they have a strong chance of success when the lawfulness of the order is assessed. They must also demonstrate that they have suffered a tangible injury, called “standing.” Some conservative critics contend the challenges brought by states should be dismissed for lack of standing.

A Narrow Loss

The order was handed something of a defeat Friday, when U.S. District Judge William Conley enjoined the federal government from using the directive to block the arrival of two Syrian refugees — a mother and her child — who wish to join a relative in the United States. The relative was previously granted asylum in the U.S.

Conley’s ruling applies only to this particular case and does not concern the merits of the order. Further argument will take place in the case later this month.


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  • Elizabeth Carter

    Trump can do an EO and block all immigration for 2 years and then review the results before deciding whether to allow it to restart or continue the ban.
    The 2 years will cause a breakdown in the child and adult human trafficking systems and stop lawyers and drug cartels from making huge profits from destroying our country. Send all illegals back to their country of origin and cut off all welfare and other payments from the federal level to states. Cut off all free health care and education to the illegals. Put them in detention centers until they can be deported. Give them detention camp doctors.
    Make lawyers who sue the government liable for all legal fees incurred if they lose their case.
    Cut off funding to the ACLU and all of the churches and charities who are making a living off of this massive destruction of human life. Make them and the human traffickers who bring them into our country pay fines, fees, and also hold them liable for people who are injured by these illegal immigrants. Hold them liable also to the illegal immigrants who are raped, injured and put into slavery because of these lies and make them pay to return these people to where they obtained them. Make them also pay a fair price for the human organs stolen from these illegal immigrants.
    The people who are involved in all of this are not doing it for the love of humanity. They are simply in it for money. Take the profit out of it and you will see how little they care about anyone but themselves. It is always easy to be generous when you are giving away other people’s money and destroying the lives of people who are in no position to defend themselves.

  • 8675310

    Mr. President, only when you ignore the courts when they clearly overstep their bounds, will there be any chance of this stopping. The law is VERY clear on immigration. Follow Andrew Jackson’s lead. Let the law rule, not the black robed Oligarchy.