And So It Begins: Hawaii Moves To File First Challenge To Second Immigration Order

170px-Seal_of_the_State_of_Hawaii.svgdonald_trump_president-elect_portrait_croppedHawaii filed a motion with the United States District Court of Hawaii as the initial step toward a challenge of President Donald Trump’s second immigration executive order. Hawaii Attorney General Douglas C. Chin started out badly by publicly characterizing the order as a “Muslim ban 2.o.”  While there are legitimate grounds that can be raises to challenge the order, it is not a Muslim ban under any cognizable legal analysis.  Once again, I believe that the law favored the Administration even with the first poorly drafted executive order.  This order will be even more difficult to challenge in my view.  If the challengers want to be successful, they might want to curtail the political hyperbole in favor of legal analysis.

The Administration itself filed in the Ninth Circuit to formally end its appeal.  That will create an interesting element to the Hawaii litigation, which is in the 9th Circuit.  The opinion (which has been widely criticized by various experts including myself) will now be left as precedent.  That will give some added help to the challengers but it is not determinative for the new litigation.

The filing asks for the judge to approve a briefing schedule for a forthcoming motion seeking a temporary restraining order over the new executive order.

Such an order can only be secured by satisfying a higher standard since the Supreme Court has cautioned that a “preliminary injunction is an extraordinary and drastic remedy never awarded as of right.” Winter v. Natural Res. Def. Council, Inc. (2008). The District of Hawaii has held that the standard for issuing a temporary restraining order is identical to the standard for issuing a preliminary injunction. See G. v. State of Haw., Dep’t of Human Servs., 2009 WL 2877597 (D. Haw. Sept. 4, 2009); Schoenlein v. Halawa Corr. Facility, 2008 WL 2437744 (D. Haw. June 13, 2008). Accordingly, the challengers will have to establish that a likelihood of succeeding  on the merits, a likelihood that they will suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in their favor, and that an injunction is in the public interest.

The plan appears to be to file an amended complaint since the state previously challenged the first executive order.

Outside counsel for Hawaii, Neal Katyal, went on air last night even before the actual amended complaint was filed.  (Katyal and I debated these issues on PBS Newshour roughly a month ago) He stated that the timing of the new order (which will not take effect under March 16th) contradicts the president’s past argument that “if the ban were announced with a one week notice, the “bad” would rush into our country during that week.”  He went on to say “Of course, this time not only did he take a week but he took 10 days,” Katyal said. “So I really think it just underscores the lack of national security justification here — this isn’t about protecting us from bad guys rushing into the country, this is about politics.”

I have previously criticized the first executive order as poorly drafted, poorly executed, and poorly defended. I also said that the Ninth Circuit decision was poorly written. Indeed, this is a case where both branches could do with a “do over.”

I also criticized the delays and leaks out of the Administration that undermined the national security claims of urgency.  I was particularly critical of the statement of a senior executive officer that the second order would be delayed again to guarantee that the order “has its own moment.”  Once again, after a torrent of criticism over the lack of urgency, this statement further erodes the credibility of the Administration. It is perfectly bizarre to hear these statements from what appears entirely tone-deaf, tactically-challenged aides.  An executive order is not like some debutante that longs for its own moment like a coming out party at Mardi Gras.

However, none of that makes for a compelling legal argument.  The government could argue that it believed it was necessary not to signal the release of the first order to prevent high-risk individuals from rushing into the country.  After the first order, it was well known that a second order was being drafted so the element of surprise was gone.  Moreover, with the earlier Ninth Circuit decision, the Administration was wise to fully vet this draft and try to accommodate concerns of the courts.

As previously discussed, I believe that the odds favor the Administration in prevailing in the long run.  It could face a mix of decisions on the lower courts as it did with the first order. However, this order is a better product and presumably the Justice Department will markedly improve its performance in the defense of the order.

 

103 thoughts on “And So It Begins: Hawaii Moves To File First Challenge To Second Immigration Order”

  1. The question that everybody should be asking here:
    Why is Jonathan Turley Failing to Discuss Vault 7 and its Significance?

    The answer is simple. He is protecting the Elite Establishment and their corrupt government agents and tools.

    So, silence about the truth is the next best thing to hoping it goes away.

    1. Give him time to analyze it. Professor Turley is hardly a tool of the Establishment

    2. Ralph Adamo…
      – I think your point, posted 4 times in each of the recent columns, is well taken.
      That Vault 7 story broke almost 24 hours ago, and JT has yet to discuss it.
      That is obvious evidence that “He is protecting the elite establishment and their corrupt government agents and tools”.
      Good call, Ralph.
      My own complaint is that JT has not adequately covered the Rosewell incident of 1947.
      I think he’s protecting the elite establishment and corrupt government agents and tools, and just hoping that the Roswell issue goes away.
      JT is a party to numerous government conspiracies.

  2. Selective Service Systems > Home
    http://www.sss.gov/
    Independent agency responsible for implementing a military draft. Laws, regulations, history, statistics, FAQs, on-line registration, and other official information.
    Missing: url

    Selective Service System – Off-Topic Discussion – GameSpot
    http://www.gamespot.com/forums/offtopic-discussion…/selective-service-system-31240675/
    Anyone here registered with the Selective Service?So, I was applying for a job online with the USPS and one of the questions asked if I was “A male born after …

    Selective Service System | United States agency | Britannica.com
    http://www.britannica.com/topic/Selective-Service-System
    May 24, 2016 – Selective Service System, independent federal agency in the United States created to administer the military draft nationwide to conscript …
    o

  3. Thee is a reason for fact checking and even spell checking. To keep it pithy and short I sent the following to Fox’s Chief Editor for NOT looking before he leaped.

    Chief Editor of Fox signals they really are moving to the left.

    The following was his comment on the militry draft as part of women’s day

    and alluded to status of the women.

    Here is what he wrote in his article. “The United States ended its military draft for young men in 1973 converting to an all-volunteer armed services. Up until now, there have been enough citizens willing to wear their country’s uniform, and that should be a source of pride to all Americans.”

    Trouble is the military draft was never ended. It’s still chugging along

    nice and neat with major fines and jail sentences for those who don’t sign

    up at age 18.

    What he should have said has not been activate since 1973.

    Think about it why is it necessary for the men at age 18 to sign up for

    Something about college loan money and/or to earn the right to a

    government job?That’s right…

    What they may have done these 18 year olds is trade their status as

    potential draftees to one of volunteered for military duty at a time and

    place of the governments choosing.

    Welcome to the world of the big boys snowflakes.

    and Mr. Chief Editor…. Try a little fact checking sometime.

    URs with more information

    If you have children or grand children or great great grand children approaching 18 you might be unpleasantly surprised. If they are older than 18 and already signed…..too late. And if they failed to sign they are in effect another form of illegals.

    Prof. Turlow cautions the attorneys on doing thorough research and being accurate.. The above is just ONE reason why.

    1. Has not been active or activated except for the required signing u except for women who get a free ride.

  4. Personally, I’d stop all new immigration until we get a handle on the illegal immigrant situation. For those with a property right like visa holders, I’d continue the program with added vetting. There is no right to immigrate (unless you reside in the boundaries of the Ninth Circuit) and a breather is a good idea. I’d also implement a tracking system for current visa holders like an electronic bracelet so we know where they are at all times.

  5. Let’s see now. Agent Orange promised, during the campaign, that he’d issue an executive order barring Muslims from entering the U.S.. But, you claim this isn’t a Muslim ban, so it must be something else. What else? Well, let’s play with the theory that it is an executive order, based on an emergency, to protect US citizens from those “bad hombres”. Where is the emergency? The delayed roll out, just to provide an opportunity for the order to have its publicity “moment”, proves there was no emergency. Yes, the “problem” here is the “leaks” of the truth about the delay for the roll out, not the fact that Agent Orange is a thin-skinned publicity whore who is despondent over the fact that the majority of people really, really don’t like him. The leaker are the true patriots.

    What is the “emergency”? Are those countries under the ban the locales from which the 911 terrorists came? Hummm, No. That would be places like Saudi Arabia and UAE, where Agent Orange and his family have business interests. So, we can’t ban travel to and from there. No way. Also, what about home-grown terrorists, those who have become radicalized after moving to the U.S. What is the ban going to do to stop these “bad hombres”? Nothing.

    Is the “emergency” the fact that all Agent Orange has managed to accomplish is rally opposition against him and his policies in record numbers, that he hasn’t delivered on any of his promises, and the net effect of his administration is to make work for lawyers?

    What would be the “irreparable harm”–more people hating Agent Orange? The leaked internal document showing that there is little to no nexus between persons traveling from these countries and terrorism establishes the absolute lack of a “rational basis” or narrow tailoring. Again, crap, it’s those finky leakers messing up the works, not the fact that this is just another ill-conceived publicity stunt.

    Or maybe, just maybe, Agent Orange isn’t fit to be President. Maybe he really is just the fat, bloated, woman-fondling, lying, thin-skinned, vindictive, mentally-ill person many believe him to be.

    1. Natacha – I remember Obummer telling us that all pending bills would be posted on the
      WH website before they signed. He also promised that Obamacare would be done in the open, not behind locked doors. Most transparent administration, eveeer. Any of these lies ring a bell?

  6. When will politicians finally put American citizens as their first priority instead of politics and drama?

    1. Never. They might have in 1947, but the past is another country.

      1. Why choose 1947. Progressives after all arrived in 1898….or returned here after being educated in Europe. Ja Ja Ja. That’s Spanish for Ha Ha Ha. What makes 1947 specifically so special? The only things going on were the fairly new UN. The Nuremberg Trials? Too Soon for McCarthy and Korea,, Greece perhaps? Israel as a topic?

        AHHHHH the first start of television……. the boob toob mentality.

    2. I apologize in advance for this long response, but I think it helps answer why so many Americans in leadership roles seem so oblivious to common sense. I think it is a result of the Useful Idiot Program the Communists started back in the 1930’s. If the Russians had actually managed to take over the country, the Useful Idiots would have either been executed, or banished to a gulag in Alaska. That is how the “weaponized” idiots would have been turned off. But the Russians did not take over, and the Useful Idiots were never turned off, and continued to multiply. This is from an interview with Yuri Bezmenov in 1984. I have bolded one part in particular:

      In concise language, KGB defector Yuri Bezmenov – who was a foreign correspondent for Soviet media in the West and a KGB officer who defected to Canada- lays out the process of ideological subversion using Marxist ideas that the United States has gone through over the last 50 years. This transcript is from 1984:

      Bezmenov: Ideological subversion is the process, which is legitimate, overt, and open; you can see it with your own eyes. All you have to do, all American mass media has to do, is to unplug their bananas from their ears, open up their eyes, and they can see it. There is no mystery. [It has] nothing to do with espionage. I know that espionage intelligence-gathering looks more romantic. It sells more deodorants through the advertising, probably. That’s why your Hollywood producers are so crazy about James Bond-type of thrillers.

      But in reality, the main emphasis of the KGB is not in the area of intelligence at all. According to my opinion and [the] opinion of many defectors of my caliber, only about 15% of time, money, and manpower [are] spent on espionage as such. The other 85% is a slow process, which we call either ‘ideological subversion,’ or ‘active measures’— in the language of the KGB—or ‘psychological warfare.’ What it basically means is, to change the perception of reality, of every American, to such an extent that despite of the abundance of information, no one is able to come to sensible conclusions in the interests of defending themselves, their families, their community and their country.

      It’s a great brainwashing process, which goes very slow[ly] and is divided [into] four basic stages. The first one [is] demoralization; it takes from 15-20 years to demoralize a nation. Why that many years? Because this is the minimum number of years which [is required] to educate one generation of students in the country of your enemy, exposed to the ideology of the enemy. In other words, Marxist-Leninist ideology is being pumped into the soft heads of at least three generations of American students, without being challenged, or counter-balanced by the basic values of Americanism (American patriotism).

      The result? The result you can see. Most of the people who graduated in the sixties (drop-outs or half-baked intellectuals) are now occupying the positions of power in the government, civil service, business, mass media, [and the] educational system. You are stuck with them. You cannot get rid of them. They are contaminated; they are programmed to think and react to certain stimuli in a certain pattern. You cannot change their mind[s], even if you expose them to authentic information, even if you prove that white is white and black is black, you still cannot change the basic perception and the logic of behavior. In other words, these people… the process of demoralization is complete and irreversible. To [rid] society of these people, you need another twenty or fifteen years to educate a new generation of patriotically-minded and common sense people, who would be acting in favor and in the interests of United States society.

      Griffin: And yet these people who have been ‘programmed,’ and as you say [are] in place and who are favorable to an opening with the Soviet concept… these are the very people who would be marked for extermination in this country?

      Bezmenov: Most of them, yes. Simply because the psychological shock when they will see in [the] future what the beautiful society of ‘equality’ and ‘social justice’ means in practice, obviously they will revolt. They will be very unhappy, frustrated people, and the Marxist-Leninist regime does not tolerate these people. Obviously they will join the leagues of dissenters (dissidents).

      Unlike in [the] present United States there will be no place for dissent in future Marxist-Leninist America. Here you can get popular like Daniel Ellsberg and filthy-rich like Jane Fonda for being ‘dissident,’ for criticizing your Pentagon. In [the] future these people will be simply [squashing sound] squashed like cockroaches. Nobody is going to pay them nothing for their beautiful, noble ideas of equality. This they don’t understand and it will be [the] greatest shock for them, of course.

      The demoralization process in [the] United States is basically completed already. For the last 25 years… actually, it’s over-fulfilled because demoralization now reaches such areas where previously not even Comrade Andropov and all his experts would even dream of such a tremendous success. Most of it is done by Americans to Americans, thanks to [a] lack of moral standards.

      As I mentioned before, exposure to true information does not matter anymore. A person who was demoralized is unable to assess true information. The facts tell nothing to him. Even if I shower him with information, with authentic proof, with documents, with pictures; even if I take him by force to the Soviet Union and show him [a] concentration camp, he will refuse to believe it, until he [receives] a kick in his fan-bottom. When a military boot crashes his… then he will understand. But not before that. That’s the [tragedy] of the situation of demoralization.

      So basically America is stuck with demoralization and unless… even if you start right now, here, this minute, you start educating [a] new generation of American[s], it will still take you fifteen to twenty years to turn the tide of ideological perception of reality back to normalcy and patriotism.

      The next stage is destabilization. This time [the] subverter does not care about your ideas and the patterns of your consumption; whether you eat junk food and get fat and flabby doesn’t matter any more. This time—and it takes only from two to five years to destabilize a nation—what matters [are] essentials: economy, foreign relations, [and] defense systems. And you can see it quite clearly that in some areas, in such sensitive areas as defense and [the] economy, the influence of Marxist-Leninist ideas in [the] United States is absolutely fantastic. I could never believe it fourteen years ago when I landed in this part of the world that the process [would have gone] that fast.

      The next stage, of course, is crisis. It may take only up to six weeks to bring a country to the verge of crisis…

      Squeeky Fromm
      Girl Reporter

      1. Squeeky: Where’s our optimistic young lass. I feel very moralized, thank you. And I think Americans don’t care one wit about our dysfunctionals in academe or government or media or even at ESPN. Americans pay little attention to screamers, miscreants, rogues and even less to righteous moralizers. Communists had best realize you get a lot of rope in America but once over extended, it’s gets snapped back at the ballot box or the courthouse or, if necessary, by a man behind a sight.

        1. Me, an optimist??? Oh Heavens, No! I am a realist, or at least I try to be. Sooo, it is hard for me to see our country doing anything but muddling along on a downward slide to becoming Venezuela in a few more decades. Probably about when I’m about 75 or so.

          Unless we have a big natural disaster like Yellowstone, or an asteroid. Or we get massively nuked. Or a complete and utter financial meltdown and depression. Americans are way too unrealistic, and we have simply bought our way out of reality for years. But sooner or later it catches up. Then we will get our Hitler, who will take out the garbage, and probably not know where to stop.

          Squeeky Fromm
          Girl Reporter

                1. mespo – there is a group of Victorian pessimistic poets, of which Hardy is a member. I only had to read Hardy in high school, and he was soooooooooooooooooooooo depressing.

                  1. Vague recollection of “Far From the Maddening Crowd” and having to read about someone named Bathsheba Everdene. Yuck.

                    1. mespo – I agree it was maddening. I almost opened a vein before I finished the book. Thank God I’m a fast reader. 😉

                    2. Me too but after that one I swore off “Tess of the D’ubervilles, ” his only other work I know. After “Far,” Tolstoy was positively concise.

                    3. mespo – had to read Tess, not too bad. Did not read any of the Russians until college.

                    4. mespo – The Brothers was funny, but I am really a fan of Gogol. 🙂

                  2. Depressing poetry? How about that dude Charles Bukowski??? Man, that is some downer stuff, but at least he knew how to rhyme, when he wanted to!

                    Rhyming Poem
                    by Charles Bukowski

                    the goldfish sing all night with guitars,
                    and the whores go down with the stars,
                    the whores go down with the stars

                    I’m sorry, sir, we close at 4:30,
                    besides yr mother’s neck is dirty,
                    and the whores go down with the etc.,
                    the whrs. go dn. with the etc.

                    I’m sorry jack you can’t come back,
                    I’ve fallen in love with another sap,
                    3/4 Italian and 1/2 Jap,
                    and the whores go
                    the whores go
                    etc.

                    Squeeky Fromm
                    Girl Reporter

                    1. Squeeky – not a fan of the poet, rhyme scheme or subject matter. 😉

            1. I have a short optimistic to offer

              I eat my peas with honey. I’ve done it all my life. It makes the peas taste funny,. But it keeps them on the knife.

              Now is that optimism or reverse pessimism?

              1. So I looked it up and found grab a book the one nearest to yuu go to page 18 line 4.

                “The quantity demanded increases as the prices falls.”

                and then cheated by asking for shortest most pessimistic poem ever?

                “Hope?
                Nope.”

                  1. With thanks to Gary Wolfram for page 18 and Zend for the short two words

  7. I mention the Pedophile Priest topic because Trump raised it in an email found on Cloud 9 a short while ago.

  8. I think we need a ban on all Catholic Pedophile Priests. Then let the 9th Circuit decide that one along with this case. If the Catholic Pedophile Priest is a U.S. Citizen coming back in from France or someplace then we must let him back in. But watch him.

  9. Does anyone seriously believe had Trump signed an executive order temporarily banning ONLY ISIS combatants this wouldn’t still end up being challenged in court by the Left; no, not because it would be only temporary but because of how it unfairly targets a religious minority and their right to keep and bear arms?

    If the Left were looking for anything more likely to literally blow up in their face than this, they would be hard-pressed to find it. Perhaps next they could tackle the horrible discrimination being waged against child sex traffickers and the unfair sentencing guidelines for sexual predators. .

  10. What is the problem with Hawaii? Perhaps they can take the refugees that their own country doesn’t want.

    Theodore Roosevelt’s ideas on Immigrants and being an AMERICAN in 1907.

    ‘In the first place, we should insist that if the immigrant who comes here in good faith becomes an American and assimilates himself to us, he shall be treated on an exact equality with everyone else, for it is an outrage to discriminate against any such man because of creed, or birthplace, or origin.
    But this is predicated upon the person’s becoming in every facet an American, and nothing but an American…
    There can be no divided allegiance here.
    Any man who says he is an American, but something else also, isn’t an American at all. We have room for but one flag, the American flag…
    We have room for but one language here, and that is the English language..
    And we have room for but one sole loyalty and that is a loyalty to the American people.’
    Theodore Roosevelt 1907

    1. Wonderful quote.

      Part of the problem is that 1 in 6 Hawaiians are functionally illiterate. Can’t read. Can’t write. Just angry and resentful, after all of these years, that whitey ruined their idyllic existence, which consisted of running around naked and sacrificing virgins to volcanoes, by forcing them to put on some clothing and act like civilized beings.

      1 in 6 still can’t read or write. You think that Hawaiians have a clue as to what Roosevelt said in 1907?

      1. “functional illiteracy” is a nonsense term invented by the educrat lobby to troll for mo’ money. There is no place in the occidental world where 1-in-6 are illiterate. While we’re at it, most people in Hawaii with aboriginals in their pedigree are of mixed ancestry. People who claim native Hawaiian ancestry full-stop are about 6% of the population.

        1. For someone who does nothing but cite various statistics in her comments, it’s rather curious that you find this particular statistic, regarding Hawaiians and their level of literacy, to be troublesome. What I mentioned is easily verifiable. Look it up.

        2. Saying that makes you what? A supporter of illiteracy? Do you teach in public schools per chance?

    2. I like this TR statement quite a bit. I am copying it to my computer. TR stands above many of the Presidents we have had. He was not born in Hawaii. He was not a gypsy like Romney. He knew how to ride rough.

  11. “[Katyal] stated that the timing of the new order (which will not take effect under March 16th) contradicts the president’s past argument that “if the ban were announced with a one week notice, the “bad” would rush into our country during that week.’ ‘He went on to say ‘Of course, this time not only did he take a week but he took 10 days,’ Katyal said. ‘So I really think it just underscores the lack of national security justification here — this isn’t about protecting us from bad guys rushing into the country, this is about politics.'”

    It disappoints me that Prof. Turley would criticize senior executive aides for their comments which may very well be coming from the horse’s mouth, and if the 9th Circuit’s first opinion is any indication, those comments can be persuasive.

    Added to the order having “its own moment” nonsense, Trump’s contradiction in delaying the effective date certainly does underscore the lack of a national-security justification.

    We should be worried, very worried, but not about terrorist infiltration through legal immigration, but about the idiot in the White House.

    1. I would argue the opposite citing the same sources but in more detail. Damn that only took one sentence.

    2. Steve,
      you seem to forget that a Boston judge had no problem with Trump’s first order along with the clarifications by the DHS – that EO would be in place today except for the politics played by those in the 9th circuit – the same politics played by Katyal (‘the lack of national security justification’ shows he really has care for security) and persons such as yourself (your last sentence more than convicts you). The thousands of -in effect- unvetted from those countries which flocked in over the last few weeks are a testament to the politics you and yours seem to enjoy playing sir. A very dangerous game indeed.
      And, I have no doubt that a well written EO will be no better off than an alleged sloppily written EO when it comes to the political hijinks of the 9th.
      http://www.pewresearch.org/fact-tank/2017/02/24/since-travel-order-lifted-more-than-1800-refugees-from-affected-countries-have-entered-u-s/
      and that’s from Feb 24.

  12. Hawaii can become the island where all non vetted refugees can live. The governor can have them live on Kalaupapa, the home of Father Damien’s leper colony.

    1. I had the exact same thought, though I also was thinking how Hawaii has become the vortex of the Great Pacific Garbage Patch.

  13. Trump should ban all cans of SPAM from entering Hawaii. Hit ’em where it hurts. With endless amounts of fresh seafood available, the backward and regressive primitives of this state, who were still running around naked, barefoot and sacrificing virgins to volcanoes a few generations ago, still resort to eating processed and vile dog sh@t from a can. I take nothing that this state does seriously. No one does.

  14. “If the challengers want to be successful, they might want to curtail the political hyperbole in favor of legal analysis.”

    Exactly. This is all about sore losers who’ve been sliding backwards for two generations, their only win of late at the Ninth Circuit.

    1. I agree, and when will you convince Mr Trump of complying? I don’t think he will listen to you.

      I hear the White House Press Secretary is on his way out. Trumps loyalty and fidelity is to the one that makes him look good all of the time.

      1. Who what whee when why and how are once again conveniently missing from this poorly written whatever it is supposed to be. besides more propaganda. Trying for a job with NBC?

  15. If I was the government A.G. I would cite Korematsu front and center.

  16. The dork who filed this case will lose despite his chinny chin chin.

  17. TORONTO — The organizer of a luncheon featuring a speech by the father of an American Muslim soldier killed in Iraq said Monday that the event was cancelled because the man’s “travel privileges are being reviewed.”

    Ramsay Talks said Khizr Khan, who has publicly criticized U.S. President Donald Trump for his anti-Muslim rhetoric, was scheduled to be in Toronto on Tuesday to talk about tolerance, understanding and unity.

    “Late Sunday evening Khizr Khan, an American citizen for over 30 years, was notified that his travel privileges are being reviewed,” Ramsay Talks said in a statement on its Facebook page.

    The company, which couldn’t be reached immediately for comment, didn’t say who is reviewing Khan’s travel privileges.

    Ramsay Talks did, however, include what it said was a comment from Khan in its statement.

    “This turn of events is not just of deep concern to me but to all my fellow Americans who cherish our freedom to travel abroad,” Khan was quoted saying in Ramsay Talks’ statement. “I have not been given any reason as to why. I am grateful for your support and look forward to visiting Toronto in the near future.”

    In advertising Khan’s speech, Ramsay Talks had said the Harvard-trained lawyer who immigrated to the United States from Pakistan decades ago was going to talk about “what we can do about the appalling turn of events in Washington — so that we don’t all end up sacrificing everything.”

    Khan rose to prominence last year when he spoke at the Democratic National Convention about his son, Army Capt. Humayun Khan, who died in Iraq in 2004 trying to protect his unit from a suicide bomber.

    Khizr Khan held up his pocket-sized constitution and said Trump had sacrificed “nothing.”

    Trump fired back a few weeks before the election saying Khan’s son would still be alive if he was president in 2004 because he wouldn’t have troops in Iraq — falsely insisting he was opposed to the Iraq War before it started.

    Khan has become a public face against Trump’s immigration policies.

    “There comes a time in an ordinary citizen’s life where you have to gather all the courage you have and you stand up and speak against tyranny and speak against un-American hate,” Khan said in October.

    On Monday, Trump unveiled a revised travel ban that temporarily halts entry to the U.S. for people from six Muslim-majority nations who are seeking new visas and suspends the country’s refugee program.

    MONTREAL — A Montrealer who is a Canadian citizen by birth says she was barred from entering the United States and told to get a valid visa if she ever wants to cross the border.

    Manpreet Kooner said she was turned away at a crossing along the Quebec-Vermont border on Sunday after a six-hour wait where she was fingerprinted, photographed and questioned before being refused.

    She said she was told she was an immigrant without a valid U.S. visa.

    Kooner, 30, is of Indian descent and was born in Montreal to parents who came to Canada from India in the 1960s and have lived in the same LaSalle district duplex for decades.

    There have been several reports of Canadians encountering issues at the U.S. border, including a Canadian Muslim woman from Quebec who believes she was denied entry because of her religion.

    Kooner said she’s perplexed given she was travelling on a Canadian passport and has no criminal record.

    The only issue she had was a computer glitch that prevented her from crossing into New York State for 24 hours in December.

    Kooner didn’t think much of that snafu until Sunday when she was stopped at Highgate Springs as she was travelling with two white girlfriends.

    Her friends were not questioned but she was asked about the December incident.

    “At the end of it, they told me I was not allowed going in and that I would need a visa if I ever went in the States again,” Kooner said.

    Kooner claims the border agent told her, “I know you might feel like you’re being Trumped,” in reference to U.S. President Donald Trump — a statement she found odd.

    A U.S. Customs and Border Protection spokeswoman said Monday the department can’t comment on individual admissibility inspections, but noted that possession of a valid travel document does not guarantee entry to the United States.

    Asked how she feels, Kooner said, “Just so bad, I feel like I’ve done something wrong, like I’m a criminal or something, but I’m not.”

    Kooner went to the U.S. Embassy in Ottawa, as suggested at the border, and was told the situation was “odd” and that a visa isn’t necessary for Canadians.

    “Maybe there is no valid reason, maybe this is something that I can’t shake because I’m born like this,” Kooner said of her skin colour.

    Her travel plans are up in the air: Kooner is supposed to go to a U.S. music festival at the end of March and her bachelorette in Miami in May.

    “I’ve never had issues before, that’s the part that kills me,” Kooner said. “Now I’m just debating whether I should cancel.”

    Her experience came up in the House of Commons on Monday as the NDP peppered the Liberals with questions about her case and about allegations of racial profiling against Canadians at the border.

    “We are talking about a Canadian citizen, born in Canada, illegally turned back at the U.S. border, and we want a prime minister who knows how to stand up,” NDP Leader Tom Mulcair told Prime Minister Justin Trudeau during question period.

    Public Safety Minister Ralph Goodale said each country has the sovereign right to control its own borders.

    “We also have the high expectation that all of our citizens will be treated respectfully and in a fair manner,” Goodale told reporters.

    Montreal-area MP Anju Dhillon is looking into the Kooner case to help remedy the situation.

    Midnight tweeting, stark raving mad, and a phone call from the Buffoon in Chief. “I’ll show them.”

    1. Tsktsktsk. Did you know that is a real world of nine consonants in a row. Second longest in the English language. Looks like Canada is acting as it should too. Good news. Anything else?

      1. real world word of nine…. twyndyllyng” (singular) is a 15th century spelling of the word … as a plural it’s 12 consonants in length. tsktsktsks in plural is ten. If I remember correctly the longest vowels only are AA (a type of lava), AE, AI, AIEEE, IAO, OII, EAU, EUOUAE, OE, OO, I, O, A, IO, and UOIAUAI, the last of these being the longest vowel-only word (seven letters).EUOUAE is the longest in English.

        Didn’t want you to waste your time on this sub thread.

      1. You would have the man’s country bar him from entering, a man whose son died defending this country. This is where the racism and bigotry originates. Congratulations, you are the epicenter of our shame.

        1. Sure. He’s a glory opportunist making a name for himself on the back of his heroic son going all over the place bad mouthing the CIC. Old story and btw you get two points for resorting to the bigot card in sentence two instead of one. No racism since “Muslim” isn’t a race also btw. But hey who needs meanings hit words anyway?

        2. issac – if you left the country I would have them bar you, too. My standards are catholic.

          1. Your standards fall short.

            I believe in one God, and no more; and I hope for happiness beyond this life.
            I believe in the equality of man; and I believe that religious duties consist in doing justice, loving mercy, and endeavouring to make our fellow-creatures happy.
            But, lest it should be supposed that I believe many other things in addition to these, I shall, in the progress of this work, declare the things I do not believe, and my reasons for not believing them.
            I do not believe in the creed professed by the Jewish Church, by the Roman Church, by the Greek Church, by the Turkish Church, by the Protestant Church, nor by any church that I know of. My own mind is my own church.
            All national institutions of churches, whether Jewish, Christian or Turkish, appear to me no other than human inventions, set up to terrify and enslave mankind, and monopolize power and profit.
            I do not mean by this declaration to condemn those who believe otherwise; they have the same right to their belief as I have to mine. But it is necessary to the happiness of man that he be mentally faithful to himself. Infidelity does not consist in believing, or in disbelieving; it consists in professing to believe what he does not believe.

            Thomas Paine

            What happened to this country?

            1. issac – since you are not a natural born citizen, that is not a question you get to ask.

              1. Paul

                Paine, Hamilton, not natural born citizens. Compare them with your ilk of natural born citizens and that ilk amounts to nothing. You really have outdone yourself with this catholic stuff and this birth nonsense. Or, it could be you are simply rambling-desert heat?

                1. issac – what happened to Paine and Hamilton? BTW, that was a little c catholic, which means universal in that case. And the weather here has been wet and cool. It has been an unusual winter. In the winter we get out weather from California and things have been messy over there.

                  1. Little c, big c, you sound like Clinton weaseling out of the hummer as sexual relations, or more recently, Sessions weaseling, or any and every day, most politicians. Congratulations, you fit right in.

                    1. issac – big c, little c makes a big difference in the definition. Sometimes your ignorance amazes me.

            2. “What happened to this country?”

              issac,
              We’ve been progressing away from the American idea. It’s ironic you would cite a founding era notable while all along arguing those founding principles and founding documents are too antiquated for our modern times.

              Anyway, the answer to that question is available to anyone open-minded towards changing their worldview.

            3. Why did you feel the need then to repeat what the rest of understand from one or two short sentences and allow others the same privilege IF they are due that privilege. All we had to do was read the First Amendment.

              1. rest of us or the better part of us….Can you tell me when that was suspended by the way in what ways along with all the Bill of Rights, Constitution and ‘civil rights?’

  18. Sadly, Hawaii is in the infamous Ninth Circuit. So, regardless, the loser is going to appeal.

    1. Using the 9th circuit as I expained in detail is a plus. No way they are going to escape being broken up after this go round.

      1. Michael Aarethun – we can only hope the Ninth is broken up. However, they were talking about it when I moved to Arizona in the early 60s and it still hasn’t happened.

  19. I am hearing that people with brown skin or funny sounding last names are being held and rejected from entry into the US. Specifically, three women from Canada left Montreal to the US, two white women were allowed into the US. The third woman, detained at customs and borders patrol. She was denied entrance to the US, why is still the question. Her family moved from India in the 60’s. She was told by CBP that if she wanted to come to the US she would need a visa.

    Since when does the US require Visas from Canada? I think this is called invidious discrimination.

    1. Who did you hear it from? What exactly did you hear? Where did you hear it? When did you hear it? Why did you leave out the facts? Perhaps because there aren’t any?

      Visas from Canada. Come now don’t play stupid Passports and Visas to and from Mexico and Canada have been required for almost a decade. One reason the frequent crossing system was set up —the little drivers license sized version ot the main passport book.

      I’m wondering if your invidious ability is not a result of some of Canada’s finer exports. Starts with Canadian and ends with Club?

      So much for the left’s feeble attempts of the day

      HOWEVER now for serious commentary

      45 days and did ever think the government especially congress and the courts would move this fast on anything?

      Better yet this one still spotlights and highlights the 9th circuit so busting them up into smaller chunks should prove easy

      Version One was a fire with gas poured on it. Version two is much more scholarly addressing every judicial comment from Version one….

      Version Three and Four ought to be getting things honed to a fine point.

      I give it six months total from Day One to Day Finished.

      No fat ladies going to sing for the left on this one.

      1. “Come now don’t play stupid Passports and Visas to and from Mexico and Canada have been required for almost a decade.”

        Passport, yes. Visa, no unless you plan to work, study, invest of immigrate.

        1. How many times in the last 17 years have your crossed an international border? Best I can recall over 200

          How many times in the last 17 years have your crossed the USA/Canadian or USA/USM border. 15 and 47 The first is from memory the second is from existing documentation.

          When did the requirement for Passports to go to Canada or Mexico beginand when did all this crackdown start?

          Immediately after the USA decided to harden up it’s requirements. Canada just did mirror image. That led to the handy dandy border crossing card complete with document chip.

          What is the shortest form a visa required by Mexico and the longest? Seven days if you are staying in Sonora as it’s part of the San Diego to Obregon Free Zone. After that it’s once every six months at 495 pesos up from 295 pesos. The longest are for those getting semi permanent or permanent residency/

          As for Canada.. Can’t afford the place anymore.and the border crossing card acted as one as it does for Mexico.

          To invest OR immigrate add the followinng . To take up any form of long term lodging including buying, leasing or renting a dwelling, Transiting to Alaska carrying any form of weapon.

          Just to check your general fund of knowledge name two government issue Licenses acted as passports and visas together?

          Oh yes and picking up or using an airplane ticket. Over the years I’ve often flown or taken a ship out of Canada clear back to my yoots. And yes I’m really REALLY sure about that.

  20. I assume you claim it’s not a Muslim ban because it doesn’t exclude all Muslims. As I’ve said before, Laurence Tribe, Harvard Law Prof and constitutional law scholar claims that argument is ridiculous – you don’t need to prove all Muslims are excluded to determine there was an animus. I believe if anyone doesn’t have a “cognizable legal analysis”, it’s you.

      1. The order pertains to only 6 of 42 majority Muslim countries. The Order temporarily bans ALL immigrants from these countries, including Muslims, Christians, and Jews. However, the ban only involves the Muslim residents of these countries simply because the Muslims in these countries have eliminated Jews and Christians through many years of ethnic cleansing! If there were any Jews or Christians left in these countries, the ban would also pertain to them!

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