Federal judge blocks Donald Trump’s third travel ban

A federal judge in Hawaii has blocked President Donald Trump's third travel ban, his latest efforts to stop immigration from a handful of countries in the Middle East and Africa.

A Sept. 24 presidential proclamation outlined U.S. entry restrictions for nationals from Yemen, Syria, Libya, Iran and Somalia (countries that were in previous travel bans), and added to the list nationals from Chad and North Korea as well as some Venezuelan government officials. The restrictions were to begin on Oct. 18.

Sudan, included in earlier travel bans, was removed from the list.

Administration officials previously said travel restrictions would be placed on nationals from the eight countries due to the foreign governments' inability to meet the United States' baseline of required information to vet potential entrants. The restrictions varied per country and did not have an end date.

The U.S. government said the limitations would be removed as the countries complied with information to help corroborate the identity of foreign nationals.

The plaintiffs included the state of Hawaii; Ismail Elshikh, imam of the Muslim Association of Hawaii; the Muslim Association of Hawaii and two other plaintiffs, John Doe 1 and John Doe 2. The lawsuit sought a nationwide temporary restraining order on Trump's Sept. 24 directive. They alleged Trump's order violated the Immigration and Nationality Act's prohibition of nationality-based discrimination in the issuance of immigrant visas.

A federal judge in the district of Hawaii, Derrick K. Watson, granted the temporary restraining order on Oct. 17. The lawsuit did not seek to enjoin the ban on North Koreans or Venezuelan government officials.

Watson found that "by indefinitely and categorically suspending immigration" from Yemen, Syria, Libya, Iran, Somalia and Chad, Trump "attempts to do exactly what Section 1152 prohibits." That section of federal law prohibits visa issuance discrimination based on nationality.

Watson also said that Trump's order had "internal incoherencies that markedly undermine its stated 'national security' rationale." Some countries that did not meet the U.S. baseline requirements were left off the ban, while other countries that did meet the requirements were included, Watson said.

This is not the first time Watson has checked Trump's executive power. On March 15, Watson granted a temporary restraining order blocking Trump's second travel ban from going into effect.

The March order was eventually escalated to the U.S. Supreme Court, which agreed to review lower courts' rulings and to allow parts of Trump's order to go into effect. (The Supreme Court canceled scheduled October hearings for the March order after Trump issued his Sept. 24 proclamation. The court asked lawyers for briefs by Oct. 5 on the effect of Trump's new proclamation.)

In a statement, the White House vowed to defend Trump's order after Watson's Oct. 17 ruling.

"Today's dangerously flawed district court order undercuts the President's efforts to keep the American people safe and enforce minimum security standards for entry into the United States. The Department of Justice will vigorously defend the President's lawful action," the statement said.

The Department of Homeland Security in a statement also said it had worked "tirelessly" in the development of baseline information sharing requirements to ensure that its vetting and screening procedures ensure the safety of Americans.

"These requirements are essential to securing the homeland. While we will comply with any lawful judicial order, we look forward to prevailing in this matter upon appeal," said Elaine Duke, DHS acting secretary.

Watson blocked Trump's latest travel ban from going into effect on Oct. 18.

Given the court's ruling, we rate Trump's promise to suspend immigration from terror-prone places as Stalled. ​