Hawaii Lawsuit Seeks Repeal of Trump Immigration Ban

The State of Hawaii is the latest entity to file a lawsuit against President Donald Trump for his executive order banning immigration from seven Muslim-majority countries.

Hawaii seeks to repeal the executive order, claiming that it is harming the state and its citizens.

The executive order “Protecting the Nation from Terrorist Entry into the United States” was signed on Jan. 27.

In it, President Trump imposes a 120-day ban on all immigration from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. After that, the order requires that refugees who belong to a minority religion and claim religious-based persecution receive priority treatment.

The lawsuit proclaims that “President Trump’s Executive Order is tearing apart Hawai‘i families, damaging Hawaii’s economy, and wounding Hawai‘i institutions.”

The complaint continues, “Moreover, the Executive Order is eroding Hawaii’s sovereign interests in maintaining the separation between church and state and in welcoming persons from all nations around the world into the fabric of its society.”

Hawaii asserts that it is the most ethnically diverse state, with more than 250,000 foreign-born residents and over 100,000 of whom are not U.S. citizens.

The complaint states that those foreign-born residents make up 20 percent of Hawaii’s work force and 22.5 percent of its business owners. In addition, Hawaii has 12,000 foreign students and 477 faculty members, which contribute more than $400 million annually to Hawaii’s economy.

Most importantly, however, is tourism. Tourism is Hawaii’s “lead economic driver,” according to the lawsuit, and “the Executive Order is depressing international travel to and tourism in Hawai‘i.”

The lawsuit argues that the executive order will likely have a “chilling effect” on travel to the United States and Hawaii in particular, for little to no gain.

According to the complaint, “Not a single fatal terrorist attack has been perpetrated in the United States by a national of one of these seven countries since at least 1975.” The lawsuit also notes that “[o]ther countries whose nationals have perpetrated fatal terrorist attacks in the United States are not part of the immigration ban.”

“President Trump’s Executive Order is antithetical to Hawai‘i’s state identity and spirit,” the lawsuit adds.

Hawaii’s lawsuit is one of several alleging that the executive order on immigration is unlawful. A class action filed by the ACLU seeks to stop the detaining and deporting of immigrants under the ban. In addition, the State of Massachusetts recently joined a similar lawsuit that was filed by two college professors.

The Hawaii lawsuit alleges that President Trump’s immigration ban is in violation of the establishment clause of the U.S. Constitution, because it prioritizes Christian refugees over refugees who are Muslim.

The complaint also asserts that the executive order violates the equal protection clause, because it seeks to discriminate against people based on their religion and national origin. Based on these and other allegations, Hawaii requests an injunction stopping enforcement of the executive order on immigration.

Hawaii is represented by Douglas S. Chin, the state Attorney General, Clyde J. Wadsworth, the state Solicitor General, Neal K. Katyal of Hogan Lovells US LLP, and others.

The President Trump Immigration Ban Hawaii Lawsuit is State of Hawai’i v. Donald J. Trump, et al., Case No. 1:17-cv-00050, in the U.S. District Court for the District of Hawaii.