Hawaii federal judge enjoined the presidential proclamation (dated September 24, 2017) on Tuesday October 17, 2017, one day before it was to take effect. This reflects the separation of the Judicial branch from the Executive branch, the rule of law in the United States and the equality of individuals before the law.
Donald Trump’s proclamation dated September 24, 2017 was intended to discriminate against nationals of some countries such as Iran and exclude them from obtaining a U.S. visa. However, Hawaii federal judge’s order impeded Trump’s administration from achieving this illegal, unjust and illegitimate goal. Therefore, there is no visa restriction against nationals of countries subject to the presidential proclamation at this time and such nationals can travel to the United States. Since the State of Hawaii did not seek to enjoin the travel ban with respect to North Korean and Venezuelan nationals, the presidential proclamation remains in effects for these nationals.
Hawaii federal judge noted that the presidential proclamation suffers from precisely the same maladies as its predecessor and runs afoul of immigration laws. The court further explained that the presidential proclamation lacks sufficient findings that the entry of more than 150 million nationals from specified countries would be detrimental to the interests of the United States. According to Hawaii federal judge, irreparable harms including the separation of families and constraints to recruiting students necessitate such order.
In light of the court’s order, nationals subject to the presidential proclamation (except North Koreans and Venezuelans) can travel to the United States and put their immigration and non-immigration purposes into practice.
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