Two Courts Find That, Yes, It Was a Muslim Ban All Along

The federal courts have dealt two more blows to President Trump’s ongoing attempt to ban Muslims from entering the United States. The two rulings, issued yesterday in separate lawsuits in Hawaii and Maryland, made clear that the president’s second Muslim ban executive order is just as unconstitutional as the first.

The first blow came yesterday from a federal court in Hawaii. Just hours before the travel ban was scheduled to go into effect at 12:01 a.m. this morning, the court issued a ruling blocking the operative provisions of the executive order — both the ban against people from six predominantly Muslim countries and the provisions blocking refugee resettlement in the United States. The second ruling, in a case brought by the ACLU and the National Immigration Law Center on behalf of clients including the International Refugee Assistance Project and HIAS, came just before 2 a.m. from a Maryland district court. That ruling also blocked the six-country ban.

Urge your senators to oppose Muslim ban 2.0.

The breadth of the Hawaii ruling means that, for now, no part of the executive order can take effect without further input from the courts.

A few main takeaways:

1. Keep talking, Mr. President.

Despite the government’s claims to the contrary, both judges found ample evidence that religious discrimination, in clear violation of the First Amendment’s Establishment Clause, had motivated the executive order. The courts pointed to the words of the president himself, whose various statements during and since his campaign, including his campaign promise of “a total and complete shutdown of Muslims entering the United States,” provided clear evidence of his intent to target Muslims based on religion.

We also have the president’s associates’ words. When Rudy Giuliani boasted that Trump had asked him to craft a Muslim ban that could pass legal muster, and Stephen Miller stated that the second executive order would have the same basic effect as the first, they helped confirm the unlawful purpose.

As a result, despite the changes made to the second order, the U.S. District Court for the District of Maryland noted that “the history of public statements continues to provide a convincing case that the purpose of the Second Executive Order remains the realization of the long-envisioned Muslim ban.”

2. National security was not the point.

The federal court in Maryland, in particular, saw through the Trump administration’s claims that the ban was about national security, pointing to the absence of any evidence suggesting that nationals from the six countries pose a heightened threat to the United States. To the contrary, the court noted, a bipartisan group of former senior U.S. national security officials filed a friend-of-the-court brief stating that no acts of terrorism have been committed by citizens of the six countries since 9/11 and that no intelligence as of January suggested a heightened threat.

To make matters worse, the federal judge noted that the White House never bothered to reach out to national security experts before implementing the first ban. This fact all but destroyed the national security rationale for the Muslim ban, according to the judge:

“In this highly unique case, the record provides strong indications that the national security purpose is not the primary purpose for the travel ban… The fact that the White House took the highly irregular step of first introducing the travel ban without receiving the input and judgment of the relevant national security agencies strongly suggests that the religious purpose was primary, and the national security purpose, even if legitimate, is a secondary post hoc rationale.”

3. Now what?

For now, thanks to the Hawaii decision, both main sections of the executive order are blocked. The Maryland court indicated it will issue a ruling in the near future on the executive order’s illegal reduction of refugee admissions. It’s unlikely that the district courts will have the last word, as the government is likely to appeal these decisions.

And if it does, we will fight those appeals every step of the way. 

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Anonymous

"There is NO FACTUAL evidence provided that shows this travel ban is in the interest of National Security, though there is ample evidence it is based in the discrimination of Muslim people."

Please share that evidence. Because the countries of Indonesia ( the largest Muslim population) and Pakistan ( the second largest Muslim population are not on the list. How does that work out with a "Muslim ban?"

Anonymous

I agree! I totally support our president! I'm so ashamed of our country!

Anonymous

"I totally support our president! I'm so ashamed of our country!"

Don't be ashamed of this country, be ashamed of the left. They are populated by anti-American extremists and their lust for power is so great, they would forego your freedom to regain it.

Rickey Holtsclaw

Let's face the facts...it takes a special kind of lunatic, much like the Socialist ACLU, to believe that America is better-off by permitting the immigration of a people who worship a religion that is demonically based and hates, with a visceral hatred, the Western culture.

It also takes a special kind of lunatic to actively fight for the immigration of indigent, welfare recipients, an overwhelming number who have no marketable skills, who will suck from the government titty for years, if not decades, and for all intent and purpose, want us, the American people, dead.

It also takes a special kind of lunatic to fight for the immigration of a people who worship, to the death, a religion that demands strict adherence to the tenets of Sharia Law and these same people have absolutely no intention of assimilating or adapting to American mores, values - a people who have a visceral hatred for everything the American people hold dear.

Liberalism is truly a mental disorder, and the Socialist-Left-Democrat should be defined as a Domestic Terrorist Organization and dismantled, restructured and supervised for decades...the ACLU should be classified as a Socialist/Communist organization and disbanded; after all, these Democrat-Socialist clamoring for mass immigration from terrorist Nations are not doing so for humane, philanthropic, patriotic purposes - DON'T BE DECEIVED! If these Socialist morons truly cared for humanity, they would not fully support the torture, burning to death, dismemberment, mutilation, of 60-million American babies since Roe/1973 - NO WAY - the "truth" is, these prospective immigrants are future Democrat Voters and it is these prospective terrorist immigrants who will be completely dependent upon the government titty and sucking the nourishment from same while tabbing that Democrat button to ensure a future of nipple pleasure and fulfillment...this, while the terrorist faction within this Trojan Horse, spies our weaknesses and the most efficient way to kill American people.

1) STOP all immigration from the Middle East until these potential terrorist can be vetted properly. How quickly we've forgotten 911 and the 3k American Citizens murdered!!!

2) The LGBTQ Cult[ure] should be classified as members of society possessing a psychological disorder and same must be committed for treatment rather than receiving special Protected Class status via legislation...insanity! STOP legitimizing sexual perversion - self-destructive behavior via legislation - it's insane and the LGBTQ Cult[ure] is a curse on America!

3) Roe v. Wade (1973) and Obergefell v. Hodges (2015) should be the very first items on the Conservative agenda to be repealed in order that our Nation can recover from the infanticide of 60-million unconstitutional deaths of American babies and the honor, dignity, respectability, of the Marriage Covenant between one-man and one-woman is restored...perhaps our Lord Jesus Christ will once again shine his Face of peace, mercy, grace, protection and provision on our Nation...but personally, I believe that far too many in our Nation, especially our young people, are far too brainwashed, ignorant, stupid, immoral, self-centered, narcissistic, hedonistic, to see the forest for the trees - and with a Socialist/Communist organization like the ACLU supporting this immoral, ignorant, culture...America's on life support and the lights fading exponentially.

Rick Holtsclaw, Houston PD/Retired

Anonymous

Are you for real?!!

Anonymous

oh my god, shut up already with this Christianity garbage. I am Christian and sick of other "Christians" hiding your bigotry, racism, sexism, and misogyny behind organized religion. Pick up a damn Bible. Jesus would NEVER act like half of you maniacs.

When a foreigner resides among you in your land, do not mistreat them. The foreigner residing among you must be treated as your native-born. Love them as yourself, for you were foreigners in Egypt. (Leviticus 19:33-34

^^Straight from the Book you claim to love and follow

Anonymous

sorry guys, Rick,didn't take his meds today

Anonymous

" I am Christian and sick of other "Christians" hiding your bigotry, racism, sexism, and misogyny behind organized religion. Pick up a damn Bible. Jesus would NEVER act like half of you maniacs."

Many people hide behind things. Bigots hide behind religion and politics, as do people with anti-American sentiment. People with anti-American sentiment hide behind the ACLU and the Democratic party. Do you not see how that's possible? Do you know the origins of the ACLU? Pick up a history book. Most of those who achieved freedom for all in this country never acted like the anti-American extremists that have populated the Democratic party.

Anonymous

You are that special kind of Luntic. this is not 1960 are we are not going back to the sixties. if you do not like it then you can always move where women have no rights and they do discriminate against a religion, or maybe you can go where they kill people for being gay, like Iran !! See ya .

Annie

No one from the six banned countries was involved in 9/11. However 15 of those terrorists were Saudi Nationals, yet Saudi Arabia is not one of the banned countries? Why is that? Just like the majority of the people in this country are not represented by Westboro Baptist, the majority of the Muslim people are not represented by the Muslim extremists. There are an estimated 1.6 billion people of the Muslim faith in this world, don't you think if every single one of them wanted to kill us we would be wiped out by now since they outnumber us three to one? There is no need to change the vetting process for refugees, as the current process takes between 18 months and 2 years and we have not had a terrorist attack from any of those countries on US soil since before 9/11. The vetting process was revamped by Obama in 2011 when there was a credible threat from Iraq that prompted Obama to slow the visa approval from Iraq until there was better vetting. Maybe Trump should listen to his security advisors instead of just doing whatever the hell he wants. After the debacle in Yemen you would think he would get a clue that he does not have the foggiest idea what he is doing despite his claim that he knows more than all the generals. You might be able to sit back and watch Trump and the GOP systematically destroy this country, but there are those of us who can't.

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