Trump's revised travel ban to face another legal challenge

Immigrant rights advocates are ready to take action if courts don't rule before 12:01am Thursday, when President Donald Trump's revised travel ban is set to go into effect.

California Attorney General Xavier Becerra talks to reporters at a news conference on January 24 in Sacramento. On Wednesday, a pair of judges on different sides of the country will hear the first arguments to determine whether or not that's the case - one day before it's due to take effect.

The states filing Monday detailed the harm they said they would suffer from the travel ban.

In Hawaii, the government filed a motion opposing the state's request for an injunction, saying the travel ban is "a valid exercise of the president's broad statutory authority to 'suspend the entry of any aliens or of any class of aliens'".

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Trump's revised travel ban will bar citizens from six predominantly Muslim countries from entering the US unless they are current visa holders, and suspend decisions on applications for refugees for 120 days.

Ferguson acknowledged the changes to the order but said it still "bars entry for virtually all other individuals from the listed countries", including relatives of US citizens and students who have been admitted to state universities and people who might seek work at schools and businesses. And it is the state of Hawaii which wants the order temporarily restrained. They said that the Federal Bureau of Investigation is now investigating 300 refugees already inside the United States for suspected terror links or sympathies.

Today's hearing is before U.S. District Judge James Robart, who also halted the nationwide implementation of the first ban. Unlike the earlier version, the March 6 order explicitly exempts from the ban natives of the targeted countries who have gained legal USA residency or hold valid US visas.

"No one is above the law, not even the president - and I will hold him accountable to the Constitution", Ferguson said in a statement.

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Washington and Minnesota soon followed in Hawaii's footsteps last week, announcing that they, too, planned ask a federal judge in Seattle to halt the new travel ban.

The Department of Justice said it was reviewing the filings and would respond to the court. The judge was supported by an appeals court, forcing the Trump administration to redraft the order.

And that goal, the states contended, is to “disfavor Islam and favor Christianity.”. The ban need not include all Muslim-majority countries; as long as religious discrimination is a motivating factor, it may run afoul of the Establishment Clause. He said he would try to issue an order later in the day, but wouldn't guarantee it. Chuang didn't signal which way he would rule, but did ask both sides to share their preferences for what he should do if he chose to block at least certain parts of the executive order. Claims of harm to universities, state hospitals or residents seeking entry of a relative overseas are merely “speculative, ” the lawyers said, because anyone banned by the order could ask a consular official for a waiver. Trump, he said, has not used similar rhetoric as president.

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