മാര്ച്ച് 16 മുതല് ഉത്തരവ് പ്രാബല്യത്തില് വരാനിരിക്കെയാണു കോടതി ഉത്തരവ്. ഹാവായി അറ്റോര്ണി ജനറലാണു ഉത്തരവ് ചോദ്യം ചെയ്ത് കോടതിയെ സമീപിച്ചത്.
മെരിലാന്ഡിലെയും വാഷിംഗ്ടണ് സ്റ്റേറ്റിലെയും കോടതികളിലും ഉത്തരവ് ചോദ്യം ചെയ്ത് ഹര്ജികളുണ്ട്. അവിടത്തെ ജഡ്ജിമാരും ഇന്നു തന്നെ ഉത്തരവ് പുറപ്പെടുവിച്ചേക്കും.
A federal judge in Hawaii has frozen President Trump’s new executive order temporarily barring the issuance of new visas to citizens of six-Muslim majority countries and suspending the admission of new refugees.
U.S. District Judge Derrick K. Watson froze the order nationwide.
Watson was the second of three judges to hear arguments Wednesday on whether to freeze the ban. A federal judge in Maryland said he also could rule before day’s end after a morning hearing, and the same federal judge in Washington state who suspended Trump’s first travel ban was set to hear arguments starting at 5 p.m. Eastern.
The hearing in Hawaii came in response to a lawsuit filed by the state itself. Lawyers for Hawaii alleged the new travel ban, much like the old, violates the establishment clause of the First Amendment because it is essentially a Muslim ban, hurts the ability of state businesses and universities to recruit top talent and damages the state’s robust tourism industry.
They pointed particularly to the case of Ismail Elshikh, the imam of the Muslim Association of Hawaii, whose mother-in-law’s application for an immigrant visa was still being processed. Under the new executive order, lawyers for Hawaii said, Elshikh feared that his mother-in-law would ultimately be banned from entering the United States.
Dr. Elshikh certainly has standing in this case. He, along with all of the Muslim residents in Hawaii face higher hurdles to see family because of religious faith,” lawyer Colleen Roh Sinzdak said at the hearing. “It is not merely a harm to the Muslim residents of the state of Hawaii, but also is a harm to the United State as a whole and is against the First Amendment itself.”
Justice Department lawyers argued that the president was well within his authority to impose the ban, and that those challenging it had raised only speculative harms.
“They bear the burden of showing irreparable harm ... and there is no harm at all,” said Acting U.S. Solicitor General Jeffrey Wall, who argued on behalf of the government in Greenbelt, Md. in the morning and by phone in Hawaii in the afternoon.
The arguments were similar at the hearing in Maryland, where a federal judge peppered both sides with pointed questions about whether the revised executive order would harm Muslims, refugees and the organizations that serve them.
“I think we’ve been going for quite a while,” U.S. District Judge Theodore D. Chuang said after the nearly two-hour hearing. “I appreciate everyone’s advocacy. . . . I’ll try to issue a written ruling — hopefully today, but not necessarily.”
The president’s new executive order will suspend the U.S. refugee program for 120 days, halt for 90 days the issuance of new visas to people from six Muslim-majority countries and reduce the number of refugees allowed to enter the United States this year from 110,000 to 50,000.