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judge james robart

Seattle district judge James Robart has declined to issue an emergency order banning President Donald Trump’s new travel ban.

The ruling came from the same judge who had issued the order that in effect halted implementation of the first ban.

Judge James Robart said lawyers needed to file more extensive documentation.

The revised 90-day ban on citizens of six mostly Muslim nations is due to come into effect on March 9 but has sparked legal action in a number of states.

Lawyers in Washington had asked Judge James Robart to extend his decision on the first ban to cover the second.

However, the judge cited procedural reasons for not doing so.

Judge Robart said a complaint or a motion would have to be filed before he could rule.

The DoJ had argued that since the initial travel order ban had been revoked, the judge’s first ruling could no longer apply. Those opposing that argument said the new travel ban had the same effect as the original.

Image source Wikipedia

In succeeding with the first ban, they argued the move was unconstitutional and damaging to businesses in Washington State.

White House spokesman Sean Spicer said on March 9 that the administration believed the new order would withstand legal scrutiny.

Several states have launched legal challenges:

Oregon – said the order hurts residents, employers, universities health care system and economy.

Minnesota – questioned the legality of the move, suggesting the Trump administration can’t override the initial ban with a fresh executive order.

Massachusetts – new ban “remains a discriminatory and unconstitutional attempt to make good on his campaign promise to implement a Muslim ban”.

Hawaii – argued it would harm its Muslim population, tourism and foreign students.


Washington – it has “same illegal motivations as the original” and harms residents, although fewer than the first ban.

New York – “a Muslim ban by another name”, said the attorney general.

The first order, which President Trump signed in January, sparked mass protests as well as confusion at airports.

Critics maintain the revised travel ban still discriminates against Muslims. Donald Trump supporters say the president is fulfilling his campaign promises to protect Americans.

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President Donald Trump has attacked Judge James Robart, who blocked his travel ban, saying Americans should blame the courts “if something happens”.

He also said he had instructed border officials to check people entering America “very carefully”.

The federal appeals court on February 4 rejected the Trump administration’s request to reinstate the ban.

The travel ban, affecting people from seven mainly-Muslim countries, was blocked by Seattle’s federal judge on February 3.

This means that President Trump’s directive will remain suspended and visa holders from Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen will be allowed to enter the US until the full case has been heard.

Image source Fox2

The White House and two states challenging the ban have been given a deadline of February 6 to present more arguments.

On February 5, President Trump ramped up his criticism of Judge James Robart, who blocked the ban, and the country’s judiciary.

Donald Trump tweeted: “I have instructed Homeland Security to check people coming into our country VERY CAREFULLY. The courts are making the job very difficult!”

“Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad!”

President Trump earlier called Judge James Robart’s ruling “ridiculous”, described him as a “so-called judge”.

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The Trump administration’s request to reinstate a travel ban blocked by a federal judge on February 3 has been rejected by the US federal appeals court.

The late night ruling means the travel ban will remain suspended until the full case has been heard.

The court gave the White House and the states challenging it a deadline of February 6 to present more arguments.

Two states argued that the travel ban, affecting people from seven mainly-Muslim countries, was unconstitutional.

In its appeal, the DoJ said Judge James Robart had overreached by “second guessing” the president on a national security matter.

The DoJ also argued that only the president could decide who can enter or stay in the US.

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In February 3 case, the DoJ had argued that states did not have the authority to challenge a presidential executive order.

Lawyers for the states of Washington and Minnesota had argued that the ban was unconstitutional because it denied people with valid entry documents the right to travel without due process.

The executive order also violated freedom of religion rights by appearing to target Muslims, they said.

Iraq, one of the countries named in the ban, has praised the revocation of the travel ban as a “move in the right direction”, Reuters reported.

Iran has also responded to Judge James Robart’s ruling by saying it would allow a US wrestling team to compete in a World Cup event it is hosting later this month.

The American wrestlers were initially denied visas after Iran said it would ban US citizens in retaliation for President Trump’s order.

However, Donald Trump has called Judge James Robart’s ruling “ridiculous”, described him as a “so-called judge” and vowed to restore the ban.

Judge James Robart has served on the federal bench since 2004 after nomination by President George W. Bush.

February 3 ruling has also seen visa holders from the affected nations scramble to get flights to the US, fearing they have a slim window to enter.

The State Department has been reversing visa cancellations and US homeland security employees have been told by their department to comply with the ruling.

Customs officials told airlines that they could resume boarding banned travelers. Qatar Airways, Air France, Etihad Airways, Lufthansa and others said they would do so.

The ban caused confusion at US and foreign airports when it came into force.

It envisages a 90-day visa suspension for anyone arriving from Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen.

The executive order also suspends the US Refugee Admissions Program for 120 days, and places an indefinite ban on Syrian refugees.

Donald Trump’s controversial travel ban on people from seven mainly Muslim countries has been rolled back after a judge suspended it.

The state department said it was reversing the cancelation of visas, 60,000 of which were revoked after the executive order.

Judge James Robart ruled there were legal grounds to challenge the ban.

President Trump reacted furiously, calling Judge Robart’s ruling “ridiculous” and vowing to restore his ban.

People affected by the ban treated news of the suspension warily as airlines began allowing them to board flights to America on February 4.

Judge James Robart’s temporary restraining order on February 3 halted the ban with immediate effect.

Image source Getty Images

Since then, the state department has said it is reversing visa cancellations and US homeland security employees have been told by their department to comply with the ruling.

Customs officials told airlines that they could resume boarding banned travelers. Qatar Airways, Air France, Etihad Airways, Lufthansa and others said they would do so.

The Trump administration argues that the travel ban is designed to protect the United States.

It has promised to seek “at the earliest possible time” an emergency stay that would restore the restrictions.

Meanwhile, the US president has raged against Judge James Robard on Twitter.

He tweeted: “The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!

“When a country is no longer able to say who can, and who cannot, come in & out, especially for reasons of safety & security – big trouble!”

The executive order which has now been suspended banned Syrian refugees indefinitely.

Anyone arriving from Iraq, Syria, Iran, Libya, Somalia, Sudan or Yemen faced a 90-day visa suspension.

Huge protests greeted the ban in the US, where demonstrators swamped airports to convey their message that America still welcomed refugees.