Why Hawaii says Trump’s new travel ban is still unconstitutional 

“President Trump’s new Executive Order is antithetical to Hawaii’s State identity and spirit,” lawyers for the state wrote. “For many in Hawaii, including State officials, the Executive Order conjures up the memory of the Chinese Exclusion Acts and the imposition of martial law and Japanese internment after the bombing of Pearl Harbor.”

…In its lawsuit, Hawaii argues that foreign residents and ­travelers contribute substantially to the functioning of the state, and blocking even the issuance of new visas would have a major impact. State lawyers wrote that Hawaii is home to 12,000 foreign students, and at least 27 ­graduate students are from the seven countries affected by the original ban.

In 2016, lawyers for the state wrote, Hawaii’s foreign students contributed more than $400 million to Hawaii’s economy with tuition and fees, living expenses and other activities. The lawyers also said that tourism was a driver of Hawaii’s economy, and that 8.7 million visitors ­accounted for $15 billion in spending in 2015.

…Hawaii is still ­pointing to campaign trail comments by Trump indicating that he wanted to impose a blanket ban on Muslims as evidence that the order violates the establishment clause of the First Amendment. U.S. officials have disputed that characterization.

Justice Department lawyers have asserted that a short-term freeze is especially unnecessary, because the new ban only applies to the issuance of new visas, a process that can take months.

Why Hawaii says Trump’s new travel ban is still unconstitutional – The Washington Post

A little out of date but the reasoning behind Hawaii’s actions was interesting.


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