03-09-2017, 03:20 AM
The crux of the problem is there are people who are citizens and will be hurt by this ban like Dr. Elshikh.
You can read the full filing here on NPR http://www.npr.org/sections/thetwo-way/2...travel-ban
quote:
The suit brings Trump's campaign promises into the courtroom, in order to illustrate the way that Trump has consistently linked Muslim immigration to terrorism, and his explicit desire to implement a Muslim ban. Among the statements cited in the lawsuit is a press release then-candidate Trump sent out on December 7, 2015, titled "Donald J. Trump Statement on Preventing Muslim Immigration", which said in part:
"Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what is going on. According to Pew Research, among others, there is great hatred towards Americans by large segments of the Muslim population."
Hawaii's lawsuit names Ismail Elshikh as a co-plaintiff, "because the Executive Order inflicts a grave injury on Muslims in Hawai'i, including Dr. Elshikh, his Family, and members of his Mosque." Elshikh is the Imam of the Muslim Association of Hawaii.
The suit alleges that a portion of Hawaii's population is now subject to:
"discrimination and second-class treatment, in violation of both the Constitution and the Immigration and Nationality Act. The Order denies them their right to associate with family members overseas on the basis of their religion and national origin. And it results in their having to live in a country and in a State where there is the perception that the Government has established a disfavored religion."
And by disfavoring a religion, the suit argues, Trump's executive order is establishing a state religion, in violation of the Establishment Clause of the First Amendment.
Hawaii's economy leans heavily on tourism, and the lawsuit cites both economic and familial hindrances caused by the ban. "It is damaging Hawaii's institutions, harming its economy, and eroding Hawaii's sovereign interests in maintaining the separation between church and state as well as in welcoming persons from all nations around the world into the fabric of its society."
You can read the full filing here on NPR http://www.npr.org/sections/thetwo-way/2...travel-ban