A federal judge in Seattle on Friday has temporarily halted implementation of President Donald Trump’s January 27th Executive Order on immigration that stops refugees from entering the U.S. for 120 days and citizens of 7 mostly Muslim majority countries across the Middle East and North Africa for 90 days until the U.S. develops tighter vetting measures.
Washington State Attorney General Bob Ferguson requested and was granted a Temporary Restraining Order from a federal judge on Friday that is legally binding nationwide and remains in effect until the lawsuit is considered in court by U.S. District Court Senior Judge James L. Robart, who was nominated to the court by President George W. Bush in 2003.
— WA Attorney General (@AGOWA) February 4, 2017
The Washington State Attorney General’s lawsuit was amended to include a joint lawsuit from Minnesota Attorney Lori Swanson that together challenges the main tenets of the President’s Executive Order on the premise that it is illegal and unconstitutional.
According to the Washington Attorney General’s website, “Ferguson argues that the Executive Order violates the U.S. Constitution’s guarantee of Equal Protection and the First Amendment’s Establishment Clause, infringes individuals’ constitutional right to Due Process and contravenes the federal Immigration and Nationality Act.”
Attorney General Ferguson told reporters on Friday outside of the courthouse, “The Constitution prevailed today. No one is above the law — not even the President.”
The Associated Press reported that an internal e-mail circulated among Homeland Security officials told employees to comply with the court ruling immediately.
President Trump’s controversial January 27th Executive Order called “Protecting The Nation From Foreign Terrorist Entry Into The United States” was issued quickly at the end of the week in January with some senior Republicans on Capitol Hill and government agencies not consulted in advance.
“It is clear from the confusion at our airports across the nation that President Trump’s executive order was not properly vetted. We are particularly concerned by reports that this order went into effect with little to no consultation with the Departments of State, Defense, Justice, and Homeland Security” said Senator John McCain (R-Arizona) and Senator Lindsey Graham (R-South Carolina) in a joint statement on January 29th.
Protests erupted across U.S. airports from thousands of Americans upset that the Trump administration issued an Executive Order that closes the door temporarily to refugees based on national security grounds, is discriminatory, and slaps a travel ban on 7 Muslim majority countries that aren’t at war with the U.S. and whose citizens haven’t committed major terror attacks on U.S. soil.
The Executive Order paints with a broad brush stroke refugees and citizens of 7 mostly Muslim countries as harboring violent ideologies that are incompatible with American law.
The Order states in order to protect Americans “the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles.”
The order insinuates refugees and citizens from 7 mostly Muslim countries won’t support the U.S. constitution and are more inclined to place violent ideologies over American law.
“The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law” the Executive Order states.
White House Reaction To Court Decision Halting Trump’s Executive Order
White House Press Secretary Sean Spicer issued a statement on Friday that claims the Dept. of Justice plans to file an emergency stay of the order and uphold the President’s Executive Order.
“At the earliest possible time, the Department of Justice intends to file an emergency stay of this order and defend the executive order of the President, which we believe is lawful and appropriate. The president’s order is intended to protect the homeland and he has the constitutional authority and responsibility to protect the American people” White House Press Secretary Spicer said.
“As the law states, ‘Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate’ ” Spicer added.