Hawaii mounts legal challenge to Trump's revised travel ban

A US federal judge ruled on Wednesday that the state of Hawaii can sue over President Donald Trump's new executive order temporarily banning the entry of refugees and travellers from six Muslim-majority countries.

Trump’s new executive order, signed on Monday, bars new visas for people replaces an initial order issued on 27 January, which was chaotically rolled out and subsequently halted by a federal court following a barrage of legal challenges from states and advocate groups across the country.

The new order sought to alleviate some of these complaints by offering exemptions to lawful permanent US residents and current visa holders from the six countries, Yemen, Somalia, Sudan, Iran, Syria and Libya, as well as staggering the timeframe of implementation.

But the state of Hawaii argues in a proposed amended complaint that the new order remains incompatible with freedom of religion protections in both the state and federal constitutions, would harm the state’s economy and educational institutions, and would prevent Hawaiians with family members in the six targeted countries from reuniting.

“Given that the new Executive Order began life as a ‘Muslim ban’, its implementation also means that the State will be forced to tolerate a policy that disfavours one religion and violates the Establishment Clauses of both the federal and state constitutions,” the proposed complaint states.

Hawaii’s lawsuit against the first travel ban had been placed on hold after another federal lawsuit filed by the state of Washington led to a national injunction upheld by the ninth circuit appeals court.

On Wednesday, Judge Derrick Watson granted the state permission to refile the amended motion for a new restraining order on Trump’s second ban.

The state of Hawaii will ask the court on Wednesday to put an emergency halt to Trump's new order, according to a court schedule signed by the judge. A hearing is set for 15 March, a day before the new ban is to go into effect.

It remains unclear whether other states that challenged Trump’s first ban will follow Hawaii’s lead. The Washington state attorney general, Bob Ferguson, said on Monday he was “carefully reviewing” the new order. As of Wednesday morning Ferguson had filed no new motions in the case.

The New York state attorney general, Eric Schneiderman, also said on Monday he was “closely reviewing the new order” but has yet to announce any further action.

The government has said the president has wide authority to implement immigration policy and that the travel rules are necessary to protect against terrorist attacks.

Some legal experts have said court challenges will be more difficult now because changes to the order give exemptions to more people.