Restoring Trump travel ban would ‘unleash chaos again’ – lawsuit
Syrian arrivals taking advantage of legal moves halting Donald Trump's travel ban embrace family members at New York's J.F.K airport. Photo: AP/Craig Ruttle
Lawyers for Washington state and Minnesota have told a federal appellate court that restoring President Donald Trump’s ban on refugees and travellers from seven predominantly Muslim countries would “unleash chaos again.”
The filing with the 9th US Circuit Court of Appeals in San Francisco came early Monday after the White House said it expected the federal courts to reinstate the ban.
Zaura Warsma, left, welcomes her daughter Naima Abdishakur, a Somali national who had been denied entry under the travel ban, after she cleared customs at Washington Dulles airport. Photo: EPA/Shawn Thew
In the meantime refugees and passport holders from the seven countries included in the ban have raced to airports to get into America in case the temporary lifting of the order is struck down.
Washington and Minnesota said their underlying lawsuit was strong and a nationwide temporary restraining order was appropriate.
If the appellate court reinstated Trump’s ban the states said the “ruling would reinstitute those harms, separating families, stranding our university students and faculty, and barring travel.”
The legal manoeuvres by the two states were accompanied by a declaration filed by John Kerry and Madeleine Albright, former secretaries of state, along with former national security officials under President Barack Obama.
They said Trump’s ban would disrupt lives and cripple US counterterrorism partnerships around the world without making the nation safer.
“It will aid ISIL’s propaganda effort and serve its recruitment message by feeding into the narrative that the United States is at war with Islam,” according to the six-page declaration filed in court.
“Blanket bans of certain countries or classes of people are beneath the dignity of the nation and Constitution that we each took oaths to protect,” the declaration added.
The technology industry also argued against the ban, contending it would harm their companies by making it more difficult to recruit employees.
Tech giants like Apple and Google, along with Uber, filed their arguments with the court late Sunday.
Group of 97 tech firms from Apple to Zynga file joint amici curiae brief against Trump #travelban/#immigration order https://t.co/wtbimFfs9j pic.twitter.com/Itff8QObw0
— Tom Risen (@TomRisen) February 6, 2017
The next opportunity for Trump’s team to argue in favour of the ban will come in the form of a response to the Washington state and Minnesota filings.
The 9th Circuit ordered the Justice Department to file its briefs by 6pm Monday (10am Tuesday AEDT), but it is not clear how soon after that a ruling will be made, with some reports suggesting hours, and others saying the legal wrangling could take days.
It had already turned down a Justice request to set aside immediately a Seattle judge’s ruling that put a temporary hold on the ban nationwide.
I Got This. #TrumpBan #MuslimBan #cartoon pic.twitter.com/ojVK3FGQhn
— Sam Machado (@samscenarist) February 5, 2017
That ruling last Friday prompted an ongoing Twitter rant by Trump, who dismissed US District Court Judge James Robart as a “so-called judge” and his decision “ridiculous.”
Trump renewed his Twitter attacks against Robart on Sunday.
“Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad!”
I have instructed Homeland Security to check people coming into our country VERY CAREFULLY. The courts are making the job very difficult!
— Donald J. Trump (@realDonaldTrump) February 5, 2017
The Twitter attacks on Robart – appointed by President George W. Bush – prompted scolding from fellow Republicans as well as Democrats.
Meanwhile Mr Trump insists Americans support his ban, hitting out at polls that paint a different picture as “fake news”.
Any negative polls are fake news, just like the CNN, ABC, NBC polls in the election. Sorry, people want border security and extreme vetting.
— Donald J. Trump (@realDonaldTrump) February 6, 2017
I call my own shots, largely based on an accumulation of data, and everyone knows it. Some FAKE NEWS media, in order to marginalize, lies!
— Donald J. Trump (@realDonaldTrump) February 6, 2017
A CNN/ORC poll released on Sunday found that 53 per cent of American respondents opposed Mr Trump’s Muslim travel ban.
CNN’s Brian Stelter pointed out that Trump tweeted about “fake” polls about 30 minutes after the network revealed the poll results.