A federal judge in Hawaii has put President Donald Trump’s revised travel ban on hold.
U.S. District Judge Derrick Watson granted a temporary restraining order against key parts of Mr. Trump’s executive order on immigration, CBS News’ Paula Reid reports. He blocked enforcement of sections related to travel and refugees, and effectively gutted the order, which seeks to impose a 90-day ban on the issuance of new visas to people from six predominantly Muslim nations and suspend the U.S. refugee program for all countries for 120 days.
The ruling applies across the U.S. and around the world, and prevents the order from going into effect Thursday. It was set to go into effect March 16 at 12:01 a.m.
The Justice Department calls the ruling by Judge Watson “flawed in reasoning and in scope.”
The agency said in a statement Wednesday that the executive order falls within Trump’s power to protect national security and that the department will keep defending it in court.
Watson also said Hawaii would suffer financially if the ban blocked the flow of students and tourists to the state, concluding that Hawaii was likely to succeed on a claim that the executive order violates First Amendment protections against religious discrimination.
A federal appeals court judge says the President has the authority to block foreign travelers and courts must defer to the president’s judgment in decisions about who should be allowed in the United States.
Judge Jay Bybee of the 9th U.S. Circuit Court of Appeals said in court documents filed Wednesday that his appeals court colleagues were wrong when they refused to immediately reinstate Trump’s original travel ban.
Bybee says judges cannot investigate the president’s motive for the ban as along as he provides a bona fide and legitimate reason for it. Bybee says the president had done that.
Four other 9th Circuit judges — all Republican nominees — signed on to Bybee’s dissent.
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