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Evan Vucci

Trump's revised travel ban facing new court challenges

Hawaii filed the first suit on Tuesday.

PRESIDENT DONALD TRUMP’S revised travel ban is facing mounting new legal challenges as the state of Washington, along with several other states, vowed to block the executive order.

The announcement came one day after Hawaii filed the first suit challenging the controversial new directive, which temporarily closes US borders to all refugees and citizens from six mainly-Muslim countries.

Washington’s Attorney General Bob Ferguson, whose state was the first to sue over Trump’s initial travel ban that created airport chaos worldwide and was eventually blocked, said at least three other states – Minnesota, New York and Oregon – are expected to join in the new legal battle.

He said his motion calls on the court to apply an existing injunction against the first travel ban issued in January to the new executive order unveiled on Monday.

“My message to President Trump is – not so fast,” Ferguson told reporters.

After spending more than a month to fix a broken order that he rushed out the door, the president’s new order reinstates several of the same provisions and has the same illegal motivations as the original.

“Consequently, we are asking Judge (James) Robart to confirm that the injunction he issued remains in full force and effect as to the reinstated provisions.”

Ferguson said although the revised order was narrower in scope, it still could be challenged on constitutional grounds.

Trump Travel Ban Lawsuits Washington State Attorney General Bob Ferguson Elaine Thompson Elaine Thompson

The new order denies US entry to all refugees for 120 days and halts for 90 days the granting of visas to nationals from Syria, Iran, Libya, Somalia, Yemen and Sudan. It is due to take effect on 16 March.

The first order had also applied to citizens of Iraq but the country was dropped from the new list.

‘Infected’

Hawaii filed the first lawsuit over the new ban on Tuesday, saying it remained unconstitutional despite the changes.

“This second executive order is infected with the same legal problems as the first order – undermining bedrock constitutional and statutory guarantees,” said the suit, which was filed Wednesday in a federal court in Honolulu.

Judge Derrick Watson put the suit on a fast track, scheduling a hearing on whether to impose a national restraining order on 15 March, the day before the executive order goes into effect.

The White House cites national security in justifying the ban, arguing that it needs time to implement “extreme vetting” procedures to keep Islamic militants from entering the country.

Broader crackdown

It comes amid a broader US crackdown on undocumented immigrants, following on Trump’s campaign promises of mass deportations and to build a wall on the Mexican border.

Homeland Security Secretary John Kelly said the orders toughening immigration enforcement have driven down illegal entries – as measured by apprehensions at the border – by 40% from January to February.

Trump Travel Ban Homeland Security Secretary John Kelly Susan Walsh Susan Walsh

But Trump suffered a major black eye in January when his first attempt to impose the travel ban erupted into heart-rending scenes of families being detained and deported at US airports and, eventually, a slap from the courts.

Polls show American public opinion is deeply divided on the issue. Most indicate a slight majority of voters opposed, with strong support among Trump’s political base.

Arguments that the ban had caused “irreparable harm” proved crucial in a San Francisco appellate court’s decision to uphold the lower court’s move to block enforcement.

The challenge facing Hawaii will be to show that the ban violates constitutional guarantees against discrimination on the basis of religion.

The White House has modified the latest version of its decree so that it can pass legal muster, stripping away a reference to religion while also explicitly exempting legal permanent residents and current visa holders from the ban.

There also has been 10 days notice before it goes into effect, in a clear attempt to avoid the chaos that broke out when the first ban was imposed with no advance warning on 27 January.

Muslim ban

In its suit, however, Hawaii argues that the second order “began life as a Muslim ban”.

As evidence of the administration’s intentions, the suit detailed numerous instances during the campaign that Trump referred to it as a Muslim ban.

Hawaii also claimed that the order violates constitutional protections against discrimination on the basis of nationality, the right to travel, fair process in determining who can enter or leave the country, as well as violations of US immigration law.

“Nothing of substance has changed: There is the same blanket ban on entry from Muslim-majority countries (minus one),” Hawaii Attorney General Douglas Chin said in a statement.

“The courts did not tolerate the administration’s last attempt to hoodwink the judiciary, and they should not countenance this one,” Chin wrote.

© AFP 2017

Read: Taoiseach says he will raise the new travel ban with Trump when he visits the White House>

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    Mute thephantomshit
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    Sep 19th 2019, 9:28 AM

    Is this the most pointless poll yet?

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    Mute Eoin O'C
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    Sep 19th 2019, 9:35 AM

    @thephantomshit: Yes
    No
    Not Sure

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    Mute Jerry Donovan
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    Sep 19th 2019, 9:52 AM

    @thephantomshit: run a poll to see ?

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    Mute Jim O Brien - TechBuzz Ireland
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    Sep 19th 2019, 10:47 AM

    @thephantomshit: The polls are silly full stop.

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    Mute Orpuk Jones
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    Sep 19th 2019, 11:34 AM

    @thephantomshit: its primary purpose appears to be to give people the opportunity to use the word ‘inconceivable’ in the comments section.

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    Mute Jerry Donovan
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    Sep 19th 2019, 12:30 PM

    @Orpuk Jones: seems implausible

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    Mute Squiddley Diddley
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    Sep 19th 2019, 9:30 AM

    Inconceivable!

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    Mute Reuben Gray
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    Sep 19th 2019, 11:44 AM

    @Squiddley Diddley: The perfect response….

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    Mute The Quare Fella
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    Sep 19th 2019, 1:02 PM

    @Squiddley Diddley:
    You can imagine what a remake would like.
    (Inclusion rider)
    It was successful for good reason. Leave well alone

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    Mute Jodi
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    Sep 19th 2019, 9:29 AM

    Yes, I’ve watched it 20 times. No, I wouldn’t watch any remake. As Cary Elwes said – “There’s a shortage of perfect movies in this world. It would be a pity to damage this one.”

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    Mute Peter Cavey
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    Sep 19th 2019, 10:04 AM

    @Jodi: to be honest, just as long as no one touches the Goonies, then I don’t mind what they remake

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    Mute Dave Thomas
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    Sep 19th 2019, 10:09 AM

    @Peter Cavey: don’t give them ideas.

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    Mute Nollaig Elliot
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    Sep 19th 2019, 10:42 AM

    @Peter Cavey:

    Surely you wouldn’t watch a remake of Stand By Me?

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    Mute Diogenes
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    Sep 19th 2019, 9:37 AM

    Plundering greed, nothing original left in Hollywood.

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    Mute D Writer
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    Sep 19th 2019, 9:52 AM

    @Diogenes: the studios find its easier to rehash previous successful stories than to risk doing something original.

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    Mute Grumpyoldtroll
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    Sep 19th 2019, 9:34 AM

    Hello my name is Inigo Montoya, you killed my movie prepare to die.

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    Mute Dave Harris
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    Sep 19th 2019, 12:21 PM

    @Grumpyoldtroll: fun fact. The same actor played Saul berenson in homeland

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    Mute Tony Murphy
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    Sep 19th 2019, 3:13 PM

    @Dave Harris:

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    Mute Tony Murphy
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    Sep 19th 2019, 3:14 PM

    @Dave Harris:

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    Mute Tony Murphy
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    Sep 19th 2019, 3:14 PM

    @Dave Harris:

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    Mute Tony Murphy
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    Sep 19th 2019, 3:14 PM

    @Dave Harris:

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    Mute Nathan Carr
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    Sep 19th 2019, 10:10 AM

    As you wish

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    Mute Cosmological
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    Sep 19th 2019, 9:51 AM

    Who gives a toss? That should have been an option.

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    Mute Vocal Outrage
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    Sep 19th 2019, 10:15 AM

    @Cosmological: I was, but rephrase to be less insulting as ‘I’m not sure’ but at least you got your name into the comments section of the Journal. Well done you

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    Mute Reuben Gray
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    Sep 19th 2019, 11:51 AM

    I’d prefer a sequel to be honest. Most of the actors are still alive and it could be the next Pirated of the Caribbean if they continue the story of the Dread Pirate Roberts.

    Feck it, Arya of house Stark could join the crew….

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    Mute Will
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    Sep 19th 2019, 12:52 PM

    @Reuben Gray: That would involve coming up with some original ideas. Hollywood won’t go there.
    Good idea though!

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    Mute Buster Cat
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    Sep 19th 2019, 12:50 PM

    I went to a quote along screening of this movie in the Prince Charles cinema in London years ago it was fantastic! people were dressed as the characters everyone was quoting along to the script and cheering at the fight scenes it was a great night out. this film is a classic and has a cult following leave it alone!
    https://princecharlescinema.com/PrinceCharlesCinema.dll/Home

    what’s next a remake of ET

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    Mute Eddie Mc Keown
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    Sep 19th 2019, 11:12 AM

    Noooooooooooooooooooooo

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    Mute Ed
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    Sep 19th 2019, 11:02 AM

    I haven’t watched the original.

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    Mute Richard Connell
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    Sep 19th 2019, 11:58 AM

    Who would write the music?

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    Mute MurtyMac
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    Sep 19th 2019, 12:04 PM

    No and I never heard of it, whatever it is.

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    Mute Michael Friel
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    Sep 19th 2019, 12:23 PM

    I’d watch but only if it was a straight adaptation of the original Morgenstern.

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    Mute Edmund Murphy
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    Sep 19th 2019, 1:14 PM

    It’s one of my favourate movies and the first reason I got into fencing. I am happy to see it remade, it’s not like the old one will disappear or be any lesser for it.

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    Mute Whatever
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    Sep 19th 2019, 11:10 AM

    Would still watch the remake just to potentially hate it

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    Mute Keith ☘️
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    Sep 19th 2019, 12:16 PM

    No but I ‘haven’t’ seen the original. Poor grammar lads!!

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    Mute Mike Conway
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    Sep 19th 2019, 12:19 PM

    I don’t watch any of these nonsense films- I prefer a dry documentary.

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    Mute Jas
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    Sep 19th 2019, 12:17 PM

    I’m not sure

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    Mute Tony Murphy
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    Sep 19th 2019, 3:18 PM

    @ Dave Harris: Sorry my mind exploded

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    Mute Bunny Johnson
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    Sep 19th 2019, 11:16 AM

    Great idea, just look at how well the remake of the Ten Commandments did. Not heard of it you say!

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    Mute John Hayes
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    Sep 19th 2019, 10:11 AM

    I wouldn’t watch nottin…..

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    Mute vfagan
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    Sep 19th 2019, 11:36 AM

    @John Hayes: that’ll take a while.

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    Mute Garreth Byrne
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    Sep 19th 2019, 3:26 PM

    Who cares about all this distracting chewing gum for the eyes?

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    Mute Buster Cat
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    Sep 19th 2019, 12:50 PM

    I went to a quote along screening of this movie in the Prince Charles cinema in London years ago it was fantastic! people were dressed as the characters everyone was quoting along to the script and cheering at the fight scenes it was a great night out. this film is a classic and has a cult following leave it alone!
    https://princecharlescinema.com/PrinceCharlesCinema.dll/Home

    what’s next a remake of ET

    1
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    Mute Buster Cat
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    Sep 19th 2019, 12:50 PM

    I went to a quote along screening of this movie in the Prince Charles cinema in London years ago it was fantastic! people were dressed as the characters everyone was quoting along to the script and cheering at the fight scenes it was a great night out. this film is a classic and has a cult following leave it alone!
    https://princecharlescinema.com/PrinceCharlesCinema.dll/Home

    what’s next a remake of ET

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    Mute lelookcoco
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    Sep 19th 2019, 1:17 PM

    @Buster Cat: Buster. Did you once go to a quote along screening of this film?

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    Mute Fergus Murphy
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    Sep 19th 2019, 1:48 PM

    @lelookcoco: He went 3 times at least

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    Mute Buster Cat
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    Sep 19th 2019, 2:01 PM

    @lelookcoco: yes once it was years ago but they had it on once a month a long time now

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    Mute Buster Cat
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    Sep 19th 2019, 2:02 PM

    @lelookcoco: there is something wrong with submit page it tells me it didn’t submit but then it does sorry

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