Home WebMail Friday, November 1, 2024, 11:20 PM | Calgary | -2.1°C | Regions Advertise Login | Our platform is in maintenance mode. Some URLs may not be available. |
Posted: 2017-05-11T19:31:18Z | Updated: 2017-05-11T21:10:27Z

In line with other court rulings, a federal judge in Washington, D.C., said on Thursday she was inclined to agree that President Donald Trump s second executive order restricting refugee resettlement and travel from predominantly Muslim nations likely violates the Constitution.

But U.S. District Judge Tanya Chutkan wrote in her brief order that she would not put a freeze on the retooled travel ban, reasoning that its already been put on hold by judges in Maryland and Hawaii rulings that are now being appealed.

The existence of two other nationwide injunctions temporarily casts uncertainty on the issue of whether the harms Plaintiffs allege are actually imminent or certain, Chutkan wrote.

The two lawsuits over the ban Chutkan is considering, UMAA v. Trump and PARS Equality Center v. Trump, were brought by a broad coalition that includes Muslim scholars, Yemeni asylees and an Iranian-American association. Together, they claim that Trumps order violates their right to equal protection and their right to not be stigmatized on the basis of their religion.

Even though Chutkan did not rule definitively on these claims, lawyers for the plaintiffs were encouraged by her language.

We have believed all along that this ban was intended to tear apart American communities, inflict pain, and alienate our partners in peace across the globe, stated Shayan Modarres, a lawyer for the National Iranian American Council, which is behind one of the lawsuits. We stand ready to take action in the event of nationwide injunctions being lifted.

Based in part on the presidents own campaign statements, courts have concluded that the travel ban is likely tainted by unconstitutional animus toward Muslims , and have prevented the government from enforcing it.

Earlier this week, the Trump administration argued in Richmond, Virginia, before a 13-judge panel of the U.S. Court of Appeals for the 4th Circuit, that anything Trump pledged during the campaign shouldnt be held against him , and that his executive order is authorized under federal immigration law.

Next week, a three-judge panel of the U.S. Court of Appeals for the 9th Circuit will hear from the administration again in a Seattle courtroom, where the state of Hawaii will face off against the federal government over the ban.

In her order on Thursday, Chutkan noted that shell revisit her ruling without delay in the event that both appeals courts rule for Trump and allow the administration to implement the travel restrictions.

Your Support Has Never Been More Critical

Other news outlets have retreated behind paywalls. At HuffPost, we believe journalism should be free for everyone.

Would you help us provide essential information to our readers during this critical time? We can't do it without you.

You've supported HuffPost before, and we'll be honest we could use your help again . We view our mission to provide free, fair news as critically important in this crucial moment, and we can't do it without you.

Whether you give once or many more times, we appreciate your contribution to keeping our journalism free for all.

You've supported HuffPost before, and we'll be honest we could use your help again . We view our mission to provide free, fair news as critically important in this crucial moment, and we can't do it without you.

Whether you give just one more time or sign up again to contribute regularly, we appreciate you playing a part in keeping our journalism free for all.

Support HuffPost

This story has been updated with a statement from Shayan Modarres.