Hawaii to file first court challenge to new Trump travel order

SAN FRANCISCO, March 7 (Reuters) - The state of Hawaii said it will ask a federal court on Wednesday for an emergency halt to President Donald Trump's new executive order restricting travel from six Muslim-majority countries, becoming the first state to challenge the ban in court.

In a court filing on Tuesday, Hawaii said it would seek a temporary restraining order against the new travel ban. Hawaii's suit against the original executive order was put on hold.

The Trump administration this week issued the new executive order that supplanted an earlier, more sweeping one which had been challenged in court by several states in addition to Hawaii.

RELATED: Protests erupt throughout US over first Trump travel ban

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Protests erupt throughout US cities over Trump immigration ban
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Protests erupt throughout US cities over Trump immigration ban
Demonstrators gather in Copley Square for the "Boston Protest Against Muslim Ban and Anti-Immigration Orders" to protest U.S. President Donald Trump's executive order travel ban in Boston, Massachusetts, U.S. January 29, 2017. REUTERS/Brian Snyder
An international traveler smiles as she walks past the protest against the travel ban imposed by U.S. President Donald Trump's executive order, at Dallas/Fort Worth International Airport in Dallas, Texas, U.S. January 29, 2017. REUTERS/Laura Buckman
Demonstrators yell slogans during protest against the travel ban imposed by U.S. President Donald Trump's executive order, at Los Angeles International Airport in Los Angeles, California, U.S., January 29, 2017. REUTERS/Ted Soqui
Sarah Ijaz joins the "Boston Protest Against Muslim Ban and Anti-Immigration Orders" to protest U.S. President Donald Trump's executive order travel ban in Boston, Massachusetts, U.S. January 29, 2017. REUTERS/Brian Snyder
BOSTON - JANUARY 29: People hold signs as they march from Copley Square to the Mass. State House in Boston on Jan. 29, 2017, to protest President Donald Trump's executive order banning people from several predominantly Muslim countries from entering the country. (Photo by Jessica Rinaldi/The Boston Globe via Getty Images)
Muslim women pray during the "Boston Protest Against Muslim Ban and Anti-Immigration Orders" protesting U.S. President Donald Trump's executive order travel ban in Boston, Massachusetts, U.S. January 29, 2017. REUTERS/Brian Snyder
People gather to pray in baggage claim during a protest against the travel ban imposed by U.S. President Donald Trump's executive order, at Dallas/Fort Worth International Airport in Dallas, Texas, U.S. January 29, 2017. REUTERS/Laura Buckman
Eight year-old Esma, an Irish-Moroccan-American, prays with other Muslim women during the "Boston Protest Against Muslim Ban and Anti-Immigration Orders" protesting U.S. President Donald Trump's executive order travel ban in Boston, Massachusetts, U.S. January 29, 2017. REUTERS/Brian Snyder
Demonstrators spell out "# No Muslim Ban" during the "Boston Protest Against Muslim Ban and Anti-Immigration Orders" to protest U.S. President Donald Trump's executive order travel ban in Boston, Massachusetts, U.S. January 29, 2017. REUTERS/Brian Snyder
Izzy Berdan (R) joins the "Boston Protest Against Muslim Ban and Anti-Immigration Orders" to protest U.S. President Donald Trump's executive order travel ban in Boston, Massachusetts, U.S. January 29, 2017. REUTERS/Brian Snyder
Muslim women pray during the "Boston Protest Against Muslim Ban and Anti-Immigration Orders" protesting U.S. President Donald Trump's executive order travel ban in Boston, Massachusetts, U.S. January 29, 2017. REUTERS/Brian Snyder
Muslim women pray during the "Boston Protest Against Muslim Ban and Anti-Immigration Orders" protesting U.S. President Donald Trump's executive order travel ban in Boston, Massachusetts, U.S. January 29, 2017. REUTERS/Brian Snyder
Demonstrators gather in Copley Square for the "Boston Protest Against Muslim Ban and Anti-Immigration Orders" to protest U.S. President Donald Trump's executive order travel ban in Boston, Massachusetts, U.S. January 29, 2017. REUTERS/Brian Snyder
An activist holds a sign outside the White House to protest President Donald Trump's executive actions on immigration in Washington January 29, 2017. REUTERS/Aaron P. Bernstein
Activists gather outside the White House to protest President Donald Trump's executive actions on immigration in Washington January 29, 2017. REUTERS/Aaron P. Bernstein
Activists gather outside the White House to protest President Donald Trump's executive actions on immigration in Washington January 29, 2017. REUTERS/Aaron P. Bernstein
Activists gather outside the White House to protest President Donald Trump's executive actions on immigration in Washington January 29, 2017. REUTERS/Aaron P. Bernstein
Samah Mansur, from Egypt, takes part in the "Boston Protest Against Muslim Ban and Anti-Immigration Orders" to protest U.S. President Donald Trump's executive order travel ban in Boston, Massachusetts, U.S. January 29, 2017. REUTERS/Brian Snyder
Activists gather outside the White House to protest President Donald Trump's executive actions on immigration in Washington January 29, 2017. REUTERS/Aaron P. Bernstein
People gather to protest against the travel ban imposed by U.S. President Donald Trump's executive order, at First Baptist Church in Dallas, Texas, U.S., January 29, 2017. REUTERS/Laura Buckman
BOSTON - JANUARY 29: People hold signs as they gather in Copley Square in Boston on Jan. 29, 2017, to protest President Donald Trump's executive order banning people from several predominantly Muslim countries from entering the country. (Photo by Jessica Rinaldi/The Boston Globe via Getty Images)
BOSTON - JANUARY 29: People gather in Copley Square in Boston on Jan. 29, 2017, to protest President Donald Trump's executive order banning people from several predominantly Muslim countries from entering the country. (Photo by Jessica Rinaldi/The Boston Globe via Getty Images)
UNITED STATES - JANUARY 29: Rep. Don Beyer, D-Va., speaks with an ACLU legal observer during the protest at Dulles International Airport in Virginia on Sunday, Jan. 29, 2017. Protests erupted at airports around the country following President Trump's executive order restricting travel from several Islamic countries. (Photo By Bill Clark/CQ Roll Call)
MIAMI, FL - JANUARY 29: A protester holds up a sign that reads, 'Banning Immigrants is UnAmerican!,' as she stands with others at the Miami International Airport against the executive order that President Donald Trump signed clamping down on refugee admissions and temporarily restricting travelers from seven predominantly Muslim countries on January 29, 2017 in Miami, Florida. Demonstrators gathered at airports across the country in protest of the order. (Photo by Joe Raedle/Getty Images)
MIAMI, FL - JANUARY 29: Protesters stand together at the Miami International Airport against the executive order that President Donald Trump signed clamping down on refugee admissions and temporarily restricting travelers from seven predominantly Muslim countries on January 29, 2017 in Miami, Florida. Demonstrators gathered at airports across the country in protest of the order. (Photo by Joe Raedle/Getty Images)
MIAMI, FL - JANUARY 29: Susan Barimo joins with other protesters as they stand together at the Miami International Airport against the executive order that President Donald Trump signed clamping down on refugee admissions and temporarily restricting travelers from seven predominantly Muslim countries on January 29, 2017 in Miami, Florida. Demonstrators gathered at airports across the country in protest of the order. (Photo by Joe Raedle/Getty Images)
People gather outside Terminal 4 during a protest against Donald Trump's travel ban at John F. Kennedy International Airport in Queens, New York, U.S., January 29, 2017. REUTERS/Andrew Kelly
International travelers walk past protestors holding signs as they protest against the travel ban imposed by U.S. President Donald Trump's executive order, at Dallas/Fort Worth International Airport in Dallas, Texas, U.S. January 29, 2017. REUTERS/Laura Buckman
Protesters at Discovery Green Park during Super Bowl events in Houston, Texas, U.S., January 29, 2017. REUTERS/Trish Badger
Dozens of pro-immigration demonstrators cheer and hold sign as international passengers arrive at Dulles International Airport, to protest President Donald Trump's executive order baring visitors, refugees and immigrants from certain countries to the United States, in Chantilly, Virginia, in suburban Washington, U.S., January 29, 2017. REUTERS/Mike Theiler
Activists march to the US Capitol to protest President Donald Trump's executive actions on immigration in Washington January 29, 2017. REUTERS/Aaron P. Bernstein TPX IMAGES OF THE DAY
Activists march to the US Capitol to protest President Donald Trump's executive actions on immigration in Washington January 29, 2017. REUTERS/Aaron P. Bernstein
Activists gather at the US Capitol to protest President Donald Trump's executive actions on immigration in Washington January 29, 2017. REUTERS/Aaron P. Bernstein
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The new order is much more narrowly tailored than the first one issued in January. It keeps a 90-day ban on travel to the United States by citizens of Iran, Libya, Syria, Somalia, Sudan and Yemen but excludes Iraq, and applies the restriction only to new visa applicants.

"To be sure, the new executive order covers fewer people than the old one," Neal Katyal, one of the lead attorneys for Hawaii, said in an interview with CNN. He said the new travel ban still "suffers from the same constitutional and statutory defects."

SEE ALSO: Details on President Trump's new executive order on immigration

"We are confident that the president's actions are lawful to protect the national security of our country," the Justice Department said in a statement.

In a joint filing, Hawaii and the U.S. government asked for oral arguments in the case to be held March 15, a day before the new travel order is set to take effect.

Separately, in a case brought by Washington state against the first Trump travel order, the Justice Department on Tuesday said it would voluntarily dismiss its own appeal of a Seattle federal court ruling that had suspended the order.

Washington state did not oppose the administration's request to end its appeal, the filing said.

Immigration advocates said the new ban still discriminates against Muslims and fails to address some of their concerns with the previous directive. Legal experts said the new ban would be harder to challenge because it affects fewer people living in the United States and allows more exemptions to protect them.

Washington state Attorney General Bob Ferguson on Monday said his office was evaluating whether it would challenge the new order and would likely decide this week.

The 9th U.S. Circuit Court of Appeals last month had blocked Trump's first order, saying Washington state would likely be able to prove that it violated constitutional protections.

That appeals court ruling has not been withdrawn and its legal reasoning can still be cited as precedent in future cases, Washington attorney general spokesman Peter Lavallee said on Tuesday.

(Reporting by Dan Levine; Additional reporting by Eric Beech; Editing by Lisa Shumaker and Leslie Adler)

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