Hawaii state attorneys will take legal action on Wednesday against the new Trump immigration order.
A filing on Tuesday stated Hawaii’s intention of filing a motion on Wednesday seeking a restraining order against the immigration executive order signed by President Trump on Monday.
The legal action is similar to the motion filed by Washington state on the previous immigration order although the newer order is far more focused on countries and people that are difficult to vet.
The immigration order in question stops entry into the United States from six states that have poor or no ability to vet those wishing to go to America unless they already possess a green card or visa.
Hawaii’s legal move will certainly get appealed by the Trump administration which will put the case in front of the liberal 9th Circuit Court of Appeals – the same court that decided against the president in the Washington suit.
The state has requested to be heard before the March 16th, enforcement date in the immigration order.
If a restraining order is granted, then allowed to continue by the 9th circuit, the administration will likely push to see the case decided on the merits – which never happened with the previous case.
A restraining order only prohibits the enforcement of the action until the case can be decided on the merits and that is as far as legal action has gone on the immigration executive orders.
Trump has a greater chance of prevailing this time as the order has a narrower focus that made concessions to each of the 9th circuits legal points in the first case. He also now has Attorney General Jeff Sessions confirmed and running the DOJ so that a properly led legal defense can be mounted.