Trump's New Travel Ban Gets First Legal Challenge

Hawaii seeking temporary restraining order
By Arden Dier,  Newser Staff
Posted Mar 8, 2017 6:47 AM CST
Trump's New Travel Ban Gets First Legal Challenge
Lawmakers in the Hawaii House on Tuesday in Honolulu.   (AP Photo/Cathy Bussewitz)

Hawaii is about to become the first state to challenge President Trump's revised travel ban, which bars travelers from Muslim-majority nations Syria, Iran, Libya, Somalia, Sudan, and Yemen for 90 days and bars all refugees for 120 days. In a motion to be filed Wednesday, lawyers for the state ask a federal judge to issue a temporary restraining order blocking the travel ban, with the long goal of showing it discriminates against Muslims and therefore violates the establishment clause of the First Amendment, report the Washington Post and USA Today.

Legal experts tell Reuters that the new executive order is "a lot harder to attack" because it exempts legal permanent residents and current visa holders. But while it "covers fewer people than the old one," it still "suffers from the same constitutional and statutory defects," one of Hawaii's lawyers, from Washington-based firm Hogan Lovells, tells CNN. Lawyers hope to begin oral arguments on March 15, the day the ban is to go into effect in Hawaii, which also challenged Trump's initial travel ban. The federal government is expected to respond Monday. (Khizr Khan's claim that his travel privileges are being restricted by the ban is causing some confusion.)

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