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Trump travel ban: revised order blocked nationwide by Hawaii federal judge – live Trump says federal judge's travel ban block is 'unprecedented overreach' – live
(35 minutes later)
12.57am GMT
00:57
At his Nashville rally, Trump called the revised travel ban a “watered-down version” of his original executive order – which he said the government should revert to, despite the court now blocking both orders.
How are the two orders different?
The new order formally cancels the first, and tries to resolve legal problems raised by it. It narrows the countries down to six – Syria, Sudan, Yemen, Iran, Somalia and Libya (removing Iraq from the list).
It explicitly exempts people with valid visas and green cards from the order, and says that Syrian refugees – banned indefinitely under the original order – will not be treated differently than other refugees.
Unlike the original, the order also makes clear that US agencies will review case-by-case exceptions.
The new order removes a provision that gave priority to religious minorities in their home countries – a section that opponents linked to the president’s stated preference for Christian refugees – but also defends it, saying: “That order was not motivated by animus toward any religion.”
12.45am GMT
00:45
Oliver Laughland
Today’s ruling came after a series of last-minute federal court hearings around the country on Monday, where the government was forced to defend the new ban against similar claims.
Judges in Maryland and in Washington state are also set to rule shortly.
But the Hawaii decision sets up a protracted legal battle for the Trump administration, which will likely appeal the decision.
Trump had indicated after his last ban was blocked by a judge in Washington state that he was willing to take the case to the supreme court. That ruling was upheld in a unanimous ruling by a federal appeals court.
Ultimately, however, he issued the revised order to replace the first ban in the hope it would make it through the courts.
12.33am GMT
00:33
Trump continues:
The best way to keep foreign terrorists – or as some would say, radical Islamic terrorists – the best way to stop them is to keep them from entering our country in the first place.
12.32am GMT
00:32
Trump says the revised travel ban was a “watered-down” version of the original
I think we ought to go back to the first one [executive order] and go all the way …
We’re gonna win it, we’re gonna win it.
12.31am GMT
00:31
Trump says the president has the right to determine whether people believed to be detrimental to the US should be blocked from entry “as he shall deem necessary”.
If he thinks there’s danger out there, he or she, whoever is president, can say: Not now, folks … we’ve got enough problems.
We’re talking about the safety of our nation, the safety and security of our people.
Trump asks the crowd sarcastically (apparently sarcastically, at least):
You don’t think this was done by a judge for political reasons, do you, no?
This makes us look weak … Just look at our borders.
We’re going to fight this terrible ruling. We’re going to take this as far as we need to, right up to the supreme court.
We’re going to win. We’re going to keep our people safe.
12.27am GMT12.27am GMT
00:2700:27
Trump slams 'unprecedented judicial overreach'Trump slams 'unprecedented judicial overreach'
“I issued an executive order,” Trump starts.“I issued an executive order,” Trump starts.
But let me give you the bad news. We don’t like bad news … I’ll turn it into good.But let me give you the bad news. We don’t like bad news … I’ll turn it into good.
But let me give you the bad, the sad news.But let me give you the bad, the sad news.
Moments ago I learned that a district judge in Hawaii, part of the much overturned ninth circuit court – and I have to be nice, otherwise I’ll be criticised for speaking poorly about our courts [he indicates the media here] … I would never want to do that.Moments ago I learned that a district judge in Hawaii, part of the much overturned ninth circuit court – and I have to be nice, otherwise I’ll be criticised for speaking poorly about our courts [he indicates the media here] … I would never want to do that.
A judge has just blocked our executive order on travel and refugees coming into our country from certain countries.A judge has just blocked our executive order on travel and refugees coming into our country from certain countries.
The order he blocked was a watered-down version of the first order that was also blocked by another judge and that should never have been blocked to start with …The order he blocked was a watered-down version of the first order that was also blocked by another judge and that should never have been blocked to start with …
This is, in the opinion of many, an unprecedented judicial overreach.This is, in the opinion of many, an unprecedented judicial overreach.
12.20am GMT12.20am GMT
00:2000:20
“Aren’t our borders getting extremely strong?” Trump asks the Nashville rally audience, to cheers. “Very strong.”“Aren’t our borders getting extremely strong?” Trump asks the Nashville rally audience, to cheers. “Very strong.”
He talks about the wall along the Mexico border – no mention of the travel ban yet.He talks about the wall along the Mexico border – no mention of the travel ban yet.
12.14am GMT12.14am GMT
00:1400:14
Trump: "We have done I think maybe more than any president has done in the first 50 days." And just wait till you see what's to come.Trump: "We have done I think maybe more than any president has done in the first 50 days." And just wait till you see what's to come.
12.10am GMT12.10am GMT
00:1000:10
Trump has begun speaking in Nashville.Trump has begun speaking in Nashville.
Turns out he doesn’t like the media much.Turns out he doesn’t like the media much.
If he comments on the travel ban, I’ll have it here.If he comments on the travel ban, I’ll have it here.
12.05am GMT12.05am GMT
00:0500:05
Donald Trump has arrived in Nashville, where he’s shortly to address a campaign rally (which is, in fact, a campaign rally for 2020 re-election).Donald Trump has arrived in Nashville, where he’s shortly to address a campaign rally (which is, in fact, a campaign rally for 2020 re-election).
I’ll have live coverage here as the president is expected to address the block to his rewritten travel ban.I’ll have live coverage here as the president is expected to address the block to his rewritten travel ban.
In Nashville, Tennessee! Lets MAKE AMERICA GREAT AGAIN! pic.twitter.com/m5UR4vv6UHIn Nashville, Tennessee! Lets MAKE AMERICA GREAT AGAIN! pic.twitter.com/m5UR4vv6UH
12.02am GMT12.02am GMT
00:0200:02
Travel ban halted: reactionsTravel ban halted: reactions
Margaret Huang, executive director Amnesty International USA, says:Margaret Huang, executive director Amnesty International USA, says:
As long as this hateful policy remains, it will continue to be fought in courts while thousands of people and families are trapped in uncertainty. Congress can end this by passing legislation that effectively nullifies the ban.As long as this hateful policy remains, it will continue to be fought in courts while thousands of people and families are trapped in uncertainty. Congress can end this by passing legislation that effectively nullifies the ban.
This decision against the ban tells us what we already know: this is anti-Muslim bigotry falsely packaged as security. Hatred won’t make us safe. The ban must be repealed now.This decision against the ban tells us what we already know: this is anti-Muslim bigotry falsely packaged as security. Hatred won’t make us safe. The ban must be repealed now.
Farhana Khera, president and executive director of Muslim Advocates (which filed an amicus brief in the Hawaii v Trump case), says:Farhana Khera, president and executive director of Muslim Advocates (which filed an amicus brief in the Hawaii v Trump case), says:
The country and the courts have spoken once again: the Muslim ban is wrong and is unconstitutional. President Trump should rescind this executive order immediately and start working on the real challenges facing this country.The country and the courts have spoken once again: the Muslim ban is wrong and is unconstitutional. President Trump should rescind this executive order immediately and start working on the real challenges facing this country.
The Muslim ban has encouraged discrimination against Muslims and those perceived to be Muslim. People with no connection to the banned countries are being stopped and searched at airports and having their trusted traveler statuses revoked just for being a Muslim, looking like a Muslim, or having a name that sounds Muslim. These policies and practices are part of a concerted effort by the Trump administration to demonize and marginalize Muslim, Latino and other immigrant communities.The Muslim ban has encouraged discrimination against Muslims and those perceived to be Muslim. People with no connection to the banned countries are being stopped and searched at airports and having their trusted traveler statuses revoked just for being a Muslim, looking like a Muslim, or having a name that sounds Muslim. These policies and practices are part of a concerted effort by the Trump administration to demonize and marginalize Muslim, Latino and other immigrant communities.
We applaud this ruling and will continue to work to ensure this temporary halt is permanent and the executive order is struck down.We applaud this ruling and will continue to work to ensure this temporary halt is permanent and the executive order is struck down.
11.55pm GMT11.55pm GMT
23:5523:55
Pool reporters with White House press secretary Sean Spicer have asked him for a response to the Hawaiian order blocking the travel ban.Pool reporters with White House press secretary Sean Spicer have asked him for a response to the Hawaiian order blocking the travel ban.
Spicer said there is no response at this point, with the White House itself hearing about the temporary restraining order only as the news was breaking.Spicer said there is no response at this point, with the White House itself hearing about the temporary restraining order only as the news was breaking.
11.50pm GMT11.50pm GMT
23:5023:50
The judge’s ruling cites several comments made by Trump – put forward by the state of Hawaii as evidence that the travel ban is, despite government denials, a Muslim ban:The judge’s ruling cites several comments made by Trump – put forward by the state of Hawaii as evidence that the travel ban is, despite government denials, a Muslim ban:
In an interview on January 25, 2017, Mr. Trump discussed his plans to implement “extreme vetting” of people seeking entry into the United States. He remarked: “[N]o, it’s not the Muslim ban. But it’s countries that have tremendous terror. . . . [I]t’s countries that people are going to come in and cause us tremendous problems.” …In an interview on January 25, 2017, Mr. Trump discussed his plans to implement “extreme vetting” of people seeking entry into the United States. He remarked: “[N]o, it’s not the Muslim ban. But it’s countries that have tremendous terror. . . . [I]t’s countries that people are going to come in and cause us tremendous problems.” …
When signing the first Executive Order [No. 13,769], President Trump read the title, looked up, and said: “We all know what that means.” President Trump said he was “establishing a new vetting measure to keep radical Islamic terrorists out of the United States of America,” and that: “We don’t want them here.”When signing the first Executive Order [No. 13,769], President Trump read the title, looked up, and said: “We all know what that means.” President Trump said he was “establishing a new vetting measure to keep radical Islamic terrorists out of the United States of America,” and that: “We don’t want them here.”
Comments made by Trump adviser Rudy Giuliani have also come back into play. The court ruling includes this admission, cited by the plaintiffs as proof the ban is intended to target Muslims:Comments made by Trump adviser Rudy Giuliani have also come back into play. The court ruling includes this admission, cited by the plaintiffs as proof the ban is intended to target Muslims:
The day after signing the first Executive Order [No. 13,769], President Trump’s advisor, Rudolph Giuliani, explained on television how the Executive Order came to be. He said: “When [Mr. Trump] first announced it, he said, ‘Muslim ban.’ He called me up. He said, ‘Put a commission together. Show me the right way to do it legally.’”The day after signing the first Executive Order [No. 13,769], President Trump’s advisor, Rudolph Giuliani, explained on television how the Executive Order came to be. He said: “When [Mr. Trump] first announced it, he said, ‘Muslim ban.’ He called me up. He said, ‘Put a commission together. Show me the right way to do it legally.’”
11.38pm GMT
23:38
Hawaiian judge Derrick Watson concludes in his ruling that the revised ban is in fact not all that different to the original one:
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’.
11.32pm GMT
23:32
The Hawaiian judge behind the TRO was appointed by President Obama, AP reports. Expect to hear more about that from his White House successor:
The judge in Hawaii who put President Donald Trump’s revised travel ban on hold was nominated to the federal bench by President Barack Obama.
US district judge Derrick Kahala Watson got his nod in 2012 and is currently the only Native Hawaiian judge serving on the federal bench and the fourth in US history.
He received his law degree from Harvard law school in 1991.
His 43-page decision Wednesday was released less than two hours after the hearing ended.
11.27pm GMT
23:27
President Trump is due to be speaking at a rally in Nashville shortly. Will he address the latest stumble for his flagship executive order? We’ll cover it here.
In the meantime, this is not quite the snap Twitter response we were anticipating:
Thank you Andrew Jackson! #POTUS7 #USA🇺🇸 pic.twitter.com/GToWsWXiNv
11.24pm GMT
23:24
In Washington state, which led the legal charge against the original travel ban and which continues to challenge the revised order, attorney general Bob Ferguson has hailed news from Hawaii:
Fantastic news. It’s very exciting.
At this point it’s a team effort: multiple lawsuits and multiple states.
11.19pm GMT
23:19
The judge’s ruling makes specific reference to Donald Trump’s own comments, and their role in undermining the justice department claim that the travel ban is not a Muslim ban:
Judge cites Trump's own comments in blocking his new immigration order, saying they "betray the Executive Order's stated secular purpose" pic.twitter.com/IDv3Oe1KO7
11.14pm GMT
23:14
Hawaii ruling: key quotes
Here’s a key part of the Hawaii ruling (Dr Elshikh is the Hawaiian citizen, a Muslim, named along with the state as a plaintiff because of the alleged effects of the travel ban on himself and his family).
The ruling states:
Because a reasonable, objective observer – enlightened by the specific historical context, contemporaneous public statements, and specific sequence of events leading to its issuance – would conclude that the Executive Order was issued with a purpose to disfavor a particular religion, in spite of its stated, religiously-neutral purpose, the Court finds that Plaintiffs, and Dr. Elshikh in particular, are likely to succeed on the merits of their Establishment Clause claim.
And a stinging rebuke to the government:
The illogic of the Government’s contentions is palpable. The notion that one can demonstrate animus toward any group of people only by targeting all of them at once is fundamentally flawed.
11.08pm GMT
23:08
The block issued against the revised travel ban is a temporary restraining order (TRO), halting the implementation of the ban nationwide, but not permanently.
We can expect a push back from the justice department, which had argued that the revised executive order had tackled all the legal problems that led to the blocking (and then withdrawal) of the original travel ban.
And of course we’ll look out for Trump tweets.
11.04pm GMT
23:04
Republican House speaker Paul Ryan has said he has “no doubt” the travel ban order will be upheld.
11.01pm GMT
23:01
Hawaii’s US district judge Derrick Watson was one of several judges hearing arguments over the ban in the final hours before its expected implementation.
He had said earlier on Wednesday afternoon, after hearing oral arguments, that he would issue a written ruling before 6pm Hawaii time. It’s currently 1pm in Hawaii.
Hawaii was the first state to challenge the second version of Trump’s travel ban, after the first was halted by court order.
The state argued that the ban was unconstitutional, and that it would suffer damage to its local economy and to various educational and religious institutions. It also argued that some Hawaiians would be prevented from reuniting with family members swept up in the ban.
Read more on the background here:
10.57pm GMT
22:57
Hawaii judge blocks travel ban
Claire Phipps
A federal judge in Hawaii has issued a nationwide temporary block to the revised travel ban that was due to be implemented from midnight ET – just five hours from now.
The new executive order – issued after the original attempt to bar travelers from seven Muslim-majority countries was halted by the courts – removed Iraq from the banned list but continued to bar for 90 days visitors from six Muslim-majority countries: Iran, Libya, Syria, Somalia, Sudan and Yemen.
We’ll have unfolding detail and reaction on this live blog.