Judge Rules in Herring's Favor, Extends Travel Ban Injunction to Virginia

Black History Month Phillis Wheatley America’s first black published poet

Black History Month Phillis Wheatley America’s first black published poet

A USA district judge in Virginia has ruled that President Donald Trump's executive order barring entry from seven countries is unconstitutional.

Separately on Monday, U.S. District Judge Leonie Brinkema granted a preliminary injunction barring implementation of the president's order against anyone who lives, works or attends school in Virginia. An earlier ruling in the Ninth Circuit Court of Appeals blocks the ban nationwide.

In a statement, Herring said the injunction is meant to protect Virginians while the case is pending.

She also referenced a Fox News interview in which former New York City Mayor Rudy Giuliani, a Trump adviser, said that the president wants a "Muslim ban" and that he had been instructed by Mr Trump to put together a commission to determine "the right way to do it legally".

Brinkema noted that "the "Muslim ban" was a centerpiece of the president's campaign for months, and the press release calling for it was still available on his website as of the day this Memorandum Opinion is being entered".

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"Brinkema also ruled that the order was "disruptive to the operation of [Virginia's] public colleges and universities", resulting in reduced revenue, causing "'anxiety, confusion, and distress" among university personnel, and "inflaming "anti-American sentiment'" overseas.

Brinkema's injunction, though, applies only to Virginia residents.

"Accordingly, the Commonwealth... motion of a Preliminary Injunction is granted", the finding said. The 9th Circuit case covers refugees.

In her 22-page ruling, the Virginia judge cited several of Mr Trump's campaign statements including those in which he promised to create a "Muslim ban" if he were elected president.

Meanwhile, in a filing to a Seattle federal court on Monday, the Department of Justice suggested it would not immediately turn to the U.S. Supreme Court to ask for the Trump administration's travel moratorium to be reinstated after an appeals court dealt it a blow last week. Trump has raised the possibility that he will issue a new executive order to replace the one being challenged in court.

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