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| Judge Theodore Chuang |
ANOTHER ASIAN/AMERICAN judge has blocked parts of DonaldTrump's most recent attempt to impose broad limits on who can enter the U.S., granting a motion for a preliminary injunction that was filed by plaintiffs led by the International Refugee Assistance Project.
In Maryland, federal District Judge Theodore Chuang is the second Asian/American judge to render a decision thwarting the launch of Trump's latest attempt to restrict travel from six predominantly Muslim countries. Trump's latest version of the travel ban was supposed to take effect today (Oct. 18).
The plaintiffs "have established that they are likely to succeed on the merits," Chuang wrote in the Tuesday order in dealing another setback to the Trump administration's attempt to ban travel to the U.S. by citizens of certain countries.
Chuang said the plaintiffs "are likely to suffer irreparable harm in the absence of injunctive relief, and that the balance of the equities and the public interest favor an injunction."
“The third defeat of Trump’s unconstitutional Muslim ban is a crucial victory for millions across the country," said Rep. Pramila Jayapal, D-Wash., "I’m glad to see Judges Watson and Chuang block this state-sanctioned hate, but our fight for justice continues. These Muslim bans underline Trump’s hardheaded crusade for xenophobic policies that demonize, otherize and vilify millions of people.
In Maryland, federal District Judge Theodore Chuang is the second Asian/American judge to render a decision thwarting the launch of Trump's latest attempt to restrict travel from six predominantly Muslim countries. Trump's latest version of the travel ban was supposed to take effect today (Oct. 18).
The plaintiffs "have established that they are likely to succeed on the merits," Chuang wrote in the Tuesday order in dealing another setback to the Trump administration's attempt to ban travel to the U.S. by citizens of certain countries.
Chuang said the plaintiffs "are likely to suffer irreparable harm in the absence of injunctive relief, and that the balance of the equities and the public interest favor an injunction."
RELATED: Hawaii court stymies Trump's newest travel banThe judge's order was filed one day before Trump's ban was set to take effect. It follows a similar order Tuesday from Federal Judge Derrick Watson of Hawaii in a related case.
“The third defeat of Trump’s unconstitutional Muslim ban is a crucial victory for millions across the country," said Rep. Pramila Jayapal, D-Wash., "I’m glad to see Judges Watson and Chuang block this state-sanctioned hate, but our fight for justice continues. These Muslim bans underline Trump’s hardheaded crusade for xenophobic policies that demonize, otherize and vilify millions of people.
In his 91-page order, the Taiwanese/American judge cited the president's tweets and statements as evidence the third version of the policy carried the same intent as the Muslim ban Trump backed on the campaign trail.
"To the extent that the Government might have provided additional evidence to establish that national security is now the primary purpose for the travel ban, it has not done so," the judge wrote. "Of course, even if such evidence was forthcoming, its value in obviating the taint of the earlier Executive Orders would be limited."
"To the extent that the Government might have provided additional evidence to establish that national security is now the primary purpose for the travel ban, it has not done so," the judge wrote. "Of course, even if such evidence was forthcoming, its value in obviating the taint of the earlier Executive Orders would be limited."
The court also ruled that the inclusion of North Korea and Venenzuela was "window dressing" in an attempt to disguise the real intent of the ban. The court further explained that a person with “common sense” would see this ban as “the latest incarnation of the ‘Muslim ban’ originally promised by President Trump as a candidate for the presidency.”
Recent positive statements by Trump about Islam did not repudiate Trump's prior statements about imposting a Muslim ban. Any doubt about the president’s continuing message of intolerance and condemnation was dispelled in August, when he invoked a false historical anecdote to endorse an urban legend that never occurred during the Philippine-American War when U.S. troops in the Philippines used “shooting Muslims with bullets dipped in pig’s blood” to dissuade the rebel resistance.
The Maryland court held that the new ban, like the earlier versions, violates the Establishment Clause of the Constitution. That clause requires the government to remain neutral among religions and prohibits official condemnation of people because of their religion. The court explained that the new ban is “the inextricable re-animation of the twice-enjoined Muslim ban.” In fact, it is even worse: The prior versions were temporary, but this one is open-ended and could eventually be permanent.
Finally, as the Maryland and Hawaii courts explained, the proposed travel restrictions adopt nationality-based discrimination for people seeking green cards, even though Congress has specifically banned that discrimination.
UPDATED: Oct. 18, 11 p.m.
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