Not fooled by revisions, states suing Trump's new 'Muslim-ban'

Despite revisions to Trump's original ban, Hawaii maintains that it is prejudiced against Muslims, with other states mulling whether to follow suit
3 min read
10 March, 2017
Hawaii maintains that the revised travel ban remains Islamophobic [AFP]
Opposition to a controversial US travel ban deemed Islamophobic by critics is mounting with a number of states set to follow Hawaii in filing lawsuits against the Trump administration.

Hawaii became the first state to file a lawsuit against President Trump's revised travel ban targeting nationals from six Muslim-majority countries late on Wednesday.

New York and Washington are set to follow suit, according to comments from these states' attorney generals, with other states including Oregon said to be considering joining the mounting opposition, according to reports in US media. 

The order, which is set to come into place on March 16, will prohibit citizens from Syria, Iran, Libya, Somalia, Yemen and Sudan from entering the US for 90 days, in addition to all refugees for 90 days.

Iraq, included in the first ban, has been lifted from the list, which has been labelled by critics "Muslim Ban 2.0".

In an additional revision to the original ban foreign nationals who have a valid US visa before March 16 are set to be exempt from the restrictions. 

Such amendments have been deemed insufficient by critics.

"Nothing of substance has changed: There is the same blanket ban on entry from Muslim-majority countries (minus one)," Hawaii Attorney General Doug Chin said of the new order, referencing the potential detrimental impact the ban could have on the island state.

"Hawaii is special in that it has always been non-discriminatory in both its history and constitution.

"Twenty percent of the people are foreign-born, 100,000 are non-citizens and 20 per cent of the labour force is foreign-born."

Extreme vetting

The Trump administration has argued that the ban will enable an "extreme vetting process" aimed at preventing Islamic militants from entering the country, but it has resulted in widespread opposition. 

Trump's January order was blocked by one federal court, leading to chaos at airports with protesters descending on many, with individuals and families seeking access to the US also denied entry to the country. 

Hawaii's request to sue is set to continue, with a hearing scheduled for March 15, the day before the new travel ban is due to come into place. 

Hawaii argues that the new order continues to discriminate against Muslims despite the Trump administration's removal of references to religion in its revised text. 

The state's lawsuit rests on the argument that Trump's order violates constitutional principles against discrimination based on religious affilation, and also argues that it will harm the local Muslim population, revenues from tourism, and keep foreign students away. 

"The executive order means that thousands of individuals across the United States and in Hawaii who have immediate family members living in the affected countries will now be unable to receive visits from those persons or be united with them," reads the lawsuits' text.

"It means that universities, employers, and other institutions will be unable to receive or welcome qualified individuals from the six designated countries."

Earlier this week Hakim Ouansafi, president of the Muslim Association of Hawaii - which has 4,000 members, according to the group's website - told HawaiiNewsNow that member's of the states Muslim community had, in recent weeks, received anonymous hate mail via social media posts, emails, and voicemails. These included verbal death threats, said Ouansafi.

An Imam at the Muslim Association of Hawaii, Ismail Elshikh, is a plaintiff is a plaintiff in the lawsuit issued by the state. Elshikh is an American citizen of Egyptian descent. His mother-in-law is Syrian.

(Agencies contributed to this report)