Trump Calls Decision to Block New Travel Ban ‘Unprecedented Judicial Overreach’

Stephen Miller, a senior policy adviser to the president, was one of Trump’s most vocal mouthpieces following the fraught rollout of the administration’s first travel ban that sparked massive protests at airports around the country.

Trump called the ruling an “unprecedented judicial overreach” during a rally in Nashville, Tenn., on Wednesday night.

In a 43-page ruling on Wednesday, US District Court Judge Derrick Watson concluded that the new executive order failed to pass legal muster at this stage and the state had established “a strong likelihood of success” on their claims of religious discrimination, CNN reported on Thursday.

But several states challenging the order still see concerns with the ban’s intent. California, Maryland, Massachusetts, New York and OR have joined the claim.

California Attorney General Xavier Becerra said the order, despite being changed, represents an attack on people based on their religion or national origin.

The rhetoric by Trump and his surrogates about a Muslim ban makes it very hard for them to argue that any version of it will survive a constitutional challenge.

Watson wrote in his ruling that the federal government had not proved the ban was needed to protect the USA from terrorists trying to infiltrate the country through legal immigration or the refugee program. “It doesn’t draw any religious distinctions”, said Jeffrey Wall, who argued for the Justice Department.

But the judge disagreed and in writing said, “In this highly unique case, the record provides strong indications that the national security goal is not the primary objective for the travel ban …”

Trump’s original travel ban, which sparked worldwide protests, was rejected by the 9th Circuit Court of appeals last month after it concluded that it was likely unconstitutional. A victory for immigrant rights groups and Maryland’s ACLU.

He went on to stress that it is within the president’s power to halt entry into the USA “when he or she deems it to be in the national interest of our country”.

Robart also grilled Readler on about two seemingly conflicting federal laws on immigration – one which gives the president the authority to keep “any class of aliens” out of the country, and another that forbids the government from discriminating on the basis of nationality when it comes to issuing visas.

A Honolulu federal judge said Trump’s call for a Muslim ban proved the executive order was “issued with a goal to disfavor a particular religion”.

The revised ban also excluded legal permanent residents and existing visa holders and provided waivers for various categories of immigrants with ties to the United States.

The president’s travel ban sought to block citizens of six nations – Iran, Libya, Somalia, Sudan and Syria for 90 days, and all refugees for 120 days.

“This new order was tailored to the dictates of the Ninth Circuit’s, in my opinion, flawed ruling”, Trump said.

“Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States”, Trump said at a campaign event.