OpsLens

Hawaii Judge’s Travel Ban Ruling Weakens the Office of the President

“We cannot compromise our nation’s security by allowing visitors entry when their own governments are unable or unwilling to provide the information we need to vet them responsibly, or when those governments actively support terrorism.”

A federal judge in Hawaii issued an extension on his order blocking President Trump’s travel ban hours after hearing arguments Wednesday.

State Attorney General Douglas Chin argued that the ban’s implied message is like a “neon sign flashing ‘Muslim ban, Muslim ban” that the government did not bother to turn off.

In his ruling, Judge Derrick Watson wrote, “Here, it is not the case that the Administration’s past conduct must forever taint any effort by it to address the security concerns of the nation based upon the current record available.  However, the Court cannot find the actions taken during the interval between revoked Executive Order No. 13,769 and the new Executive Order to be ‘genuine changes in constitutionally significant conditions.’”

The Justice Department told Judge Watson the freeze on the U.S. refugee program had no effect on Hawaii.  Watson rejected that argument, preventing the administration from halting the flow of refugees.  Judge Watson contends the travel ban discriminates against Muslims and hurts the state’s tourist-dependent economy.  The Judge’s argument doesn’t meet muster once one looks at the facts.

Refugees do not come to the US to vacation.  They do not come to the US to live in Hawaii where the cost of living is extremely high.  In 2015, Hawaii brought in only seven refugees.  Of those seven, one was from the Ukraine, one was from China, and five from Burma.  None of these countries are listed in the immigration ban or are Middle Eastern countries notorious for exporting extremists.

The judicial overreach, in this case, is astounding.  With only a few counties mentioned in the ban, it is a very far reach to call the executive order a ban on Muslims.

The DOJ will undoubtedly fight the ruling.  If allowed to stand, this judge has weakened the Office of the President, not just President Trump, but all Presidents in the future.

At a rally in Nashville, President Trump informed the crowd of “the bad, the sad news.” Trump said, ”The order he blocked was a watered-down version of the first one.  This is, in the opinion of many, an unprecedented judicial overreach.”

Attorney General Jeff Sessions said, “We cannot compromise our nation’s security by allowing visitors entry when their own governments are unable or unwilling to provide the information we need to vet them responsibly, or when those governments actively support terrorism.”

There is an answer to Judge Watson’s ruling.  The Trump administration should direct the settlement of refugees in Hawaii.  That solution may not be feasible, but it sure would send a signal.  I would be willing to bet Judge Watson would find the people of Hawaii would not welcome the new residents with open arms as easily as he believes they would.

Jon Harris is an OpsLens contributor and former Army NCO, civilian law enforcement officer, and defense contractor with over 30 years in the law enforcement community. He holds a B.S. in Government and Politics and an M.S. in Criminal Justice.

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