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States Warn Against Restarting Travel Ban

Attorneys: Action Would ‘Unleash Chaos’

Members of International Migrants Alliance in Hong Kong hold placards during a protest against U.S. President Donald Trump's selective country travel ban outside of the U.S. Consulate in Hong Kong, Sunday, Feb. 5, 2017. (AP Photo/Vincent Yu)

WASHINGTON — Lawyers for Washington state and Minnesota have told a federal appellate court that restoring President Donald Trump’s ban on refugees and travelers from seven predominantly Muslim countries would “unleash chaos again.”

The filing with the 9th U.S. Circuit Court of Appeals in San Francisco came early today after the White House said it expected the federal courts to reinstate the ban.

Washington and Minnesota said their underlying lawsuit was strong and a nationwide temporary restraining order was appropriate. If the appellate court reinstated Trump’s ban the states said the “ruling would reinstitute those harms, separating families, stranding our university students and faculty, and barring travel.”

The rapid-fire legal maneuvers by the two states were accompanied by briefs filed by the technology industry arguing that the travel ban would harm their companies by making it more difficult to recruit employees. Tech giants suc as Apple and Google, along with Uber, filed their arguments with the court late Sunday.

Trump’s executive order was founded on a claim of national security, but lawyers for the two states told the appellate court the administration’s move hurts residents, businesses and universities and is unconstitutional.

The next opportunity for Trump’s team to argue in favor of the ban will come in the form of a response to the Washington state and Minnesota filings. The 9th Circuit ordered the U.S. Justice Department to file its briefs by 6 p.m. today.

It had already turned down a Justice request to set aside immediately a Seattle judge’s ruling that put a temporary hold on the ban nationwide.

In the latest filing, lawyers for Washington state and Minnesota said: “Defendants now ask this Court to unleash chaos again by staying the district court order. The Court should decline.”

Bob Ferguson, Washington state’s attorney general, said “we don’t argue” that Trump has authority to act in the interest of national security. But in an interview on NBC’s “Today” show, he also said “we have checks and balances” in the country, maintaining the president’s order was “unconstitutional” and saying president’s don’t have “unfettered authorization” in these cases.

That ruling last Friday prompted an ongoing Twitter rant by Trump, who dismissed U.S. District Court Judge James Robart as a “so-called judge” and his decision “ridiculous.”

Trump renewed his Twitter attacks against Robart on Sunday. “Just cannot believe a judge would put our country in such peril. If something happens blame him and court system. People pouring in. Bad!” He followed with another tweet saying he had instructed the Homeland Security Department to check people coming into the country but that “the courts are making the job very difficult!”

Vice President Mike Pence said Sunday that “we don’t appoint judges to our district courts to conduct foreign policy or to make decisions about the national security.” Trump himself had offered an optimistic forecast the previous night, telling reporters during a weekend at his private club in Florida: “We’ll win. For the safety of the country, we’ll win.”

The government had told the appeals court that the president alone has the power to decide who can enter or stay in the United States.

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