ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Immigration Law Blogs on ILW.COM

Why Trump's New Muslim Country Entry Ban Order Has No Chance of Being Upheld In Federal Court. Roger Algase

Rate this Entry
The State of Hawaii is the first state to file a lawsuit in Federal District Court against Donald Trump's revised order banning entry to the US by citizens of six overwhelming Muslim countries (at least some, if not all of which are more than 99 per cent Muslim), and which also provides for additional countries, almost certainly Muslim ones as well, to be added to the banned list later on.

According to the latest reports, at least four other states, including New York, are planning to join the lawsuit, which has been filed in the United States District Court for the District of Hawai'i and is entitled:

State of Hawai'i and Ismail Elsikh v. Donald J. Trump (et al), Civil Action No: 1:17-cv-00050-DKW-KJM

For a link to the full complaint, go to:

http://www.cnn.com/2017/03/07/politi...l-ban-lawsuit/

The complaint sets forth the full history of Trump's Muslim ban orders based on Trump's campaign statements and other statements by his top advisors and makes clear beyond any possible doubt that the motivation for the orders was to exclude Muslims from the United States based on their religion only.

It then goes on to show how the discrimination against Muslim immigrants on the basis of their religion adversely affects the rights of Muslim US citizens, including but not limited to the individual plaintiff (a Muslim Imam), his family and members of his congregation. Details of this portion of the complaint will be discussed below.

Finally, the complaint describes how the interests of the State of Hawaii itself, as a center of religious and ethnic diversity, and with an economy dependent in large part on tourism, are damaged by the ban.

For the following reasons, it is virtually certain that the federal courts, including but not limited to the district court in the above case, will strike down the new Muslim ban order, despite the fact that it cures some of the more obviously egregious aspects of the original ban, such as the exclusion of lawful permanent residents ot the US coming from the affected countries.

First, the purpose and intent of the new ban, no less than the first one, is obviously to discriminate against immigrants and visitors based on their religion. As will be shown below, the "national security" justification for the ban is so thin as to verge on being a fraud on the court. See:

http://www.thehill.com/blogs/pundits...tive-in-war-on

Second, the basic Constitutional guarantees of free exercise of religion and prohibition against establishment of religion are affected by the ban in a way that retrains and intimidates Muslim US citizens from the free exercise of their religion.

Third, contrary to the arguments which the Trump administration unsuccessfully brought before the 9th Circuit Court of Appeals in connection with the now revoked original seven Muslim country the courts have the power, and the duty, to look behind the ostensible reasons for the presidential finding under INS Section 212(f) that entry to the US from the banned Muslim countries is against the interests of the United States.

It is true that this section gives the president wide power over entry into the United States by foreign citizens. But we are not (yet) at the point where Adolf Hitler could say, as he did:

"For 24 hours, I was the Supreme Court of Germany."

http://cdnfs.blogspot.com/2009_12_01_archive.html

To be continued.
________________________________
Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 35 years, Roger has been helping mainly skilled and professional immigrants from diverse parts of the world, and from a variety of ethnic and religious backgrounds, obtain work visas and green cards.

Roger's practice is primarily concentrated in H-1B specialty occupation and O-1 extraordinary ability work visas, J-1 training visas, and in green cards through labor certification (PERM) and through opposite sex or same sex marriage. His email address is algaselex@gmail.com

Submit "Why Trump's New Muslim Country Entry Ban Order Has No Chance of Being Upheld In Federal Court. Roger Algase" to Facebook Submit "Why Trump's New Muslim Country Entry Ban Order Has No Chance of Being Upheld In Federal Court. Roger Algase" to Twitter Submit "Why Trump's New Muslim Country Entry Ban Order Has No Chance of Being Upheld In Federal Court. Roger Algase" to Google Submit "Why Trump's New Muslim Country Entry Ban Order Has No Chance of Being Upheld In Federal Court. Roger Algase" to StumbleUpon Submit "Why Trump's New Muslim Country Entry Ban Order Has No Chance of Being Upheld In Federal Court. Roger Algase" to Reddit Submit "Why Trump's New Muslim Country Entry Ban Order Has No Chance of Being Upheld In Federal Court. Roger Algase" to Digg Submit "Why Trump's New Muslim Country Entry Ban Order Has No Chance of Being Upheld In Federal Court. Roger Algase" to del.icio.us

Updated 03-10-2017 at 06:16 PM by ImmigrationLawBlogs

Tags: None Add / Edit Tags

Comments

  1. ImmigrationLawBlogs's Avatar
    Roger, you might want to base your analysis on the memorandum in which Hawii states its reasons for the suit instead of on the proposed complain that you cite in your comment.
    https://governor.hawaii.gov/wp-conte...in-Support.pdf

    Nolan Rappaport
  2. ImmigrationLawBlogs's Avatar
    Thank you for the link. My forthcoming blog comment will analyze the argument that Hawaii makes in its brief.

    Judging by the complaint only, the two most important points that the plaintiffs are making in this lawsuit are 1) discrimination against Muslims on the basis of religion, as opposed to any genuine national security considerations, and 2) the effect of this discrimination on the free excercise of religion by US citizen Muslims.

    While most of the comment on the Muslim ban orders to date has focused on these two points, there is an even more fundamental issue involved in all of Trump's immigration EO's to date.

    This is the express or implied claim to unlimited presidential/executive power over all aspects of immigration.

    Once Trump is able to claim dictatorial powers over immigrants, it will not be long before he does the same regarding the rights of American citizens too.

    The ultimate purpose of the Muslim ban orders is not only to carry out a program of hate against Muslims, much as the Nuremberg laws did against the Jews, but to extinguish the freedoms of every American.

    That is what makes both the previous Muslim ban order and this new, cosmetically changed one, so dangerous.

    This issue is not just about Muslim immigrants. The rights of all of us are at stake.

    Roger Algase
    Attorney at Law
    Updated 03-11-2017 at 07:32 AM by ImmigrationLawBlogs
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: