MARYLAND (CNN) — A federal judge in Maryland Thursday morning temporarily blocked the 90-day ban on immigration for citizens of six countries in President Donald Trump’s executive order, dealing another blow to the President’s revised travel ban.
Wednesday afternoon, a federal judge in Hawaii issued a temporary restraining order nationwide over the ban, hours before it was set to go into effect.
In a 43-page ruling, US District Court Judge Derrick Watson, who presides in Hawaii, concluded in no uncertain terms that the new executive order failed to pass legal muster at this stage and the state had established “a strong likelihood of success” on their claims of religious discrimination.
Trump decried Watson’s ruling during a rally Wednesday night in Nashville, introducing his statement as “the bad, the sad news.”
“The order he blocked was a watered-down version of the first one,” Trump said, as the crowd booed the news.
“This is, in the opinion of many, an unprecedented judicial overreach,” he added, before pledging to take the issue to the Supreme Court if necessary.
The practical effect of the ruling — which applies nationwide — is that travelers from six Muslim-majority countries and refugees will be able to travel to the US.
Unlike the previous executive order, the new one removed Iraq from the list of banned countries, exempted those with green cards and visas and removed a provision that arguably prioritizes certain religious minorities.
The new ban was announced earlier this month and was set to take effect Thursday. It would have banned people from Iran, Libya, Somalia, Sudan, Syria, and Yemen from entering the US for 90 days and all refugees for 120 days.
“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,” Watson wrote.
“Equally flawed is the notion that the Executive Order cannot be found to have targeted Islam because it applies to all individuals in the six referenced countries,” Watson added. “It is undisputed, using the primary source upon which the Government itself relies, that these six countries have overwhelmingly Muslim populations that range from 90.7% to 99.8%.”
“It would therefore be no paradigmatic leap to conclude that targeting these countries likewise targets Islam,” Watson added. “Certainly, it would be inappropriate to conclude, as the Government does, that it does not.”
“When considered alongside the constitutional injuries and harms … and the questionable evidence supporting the Government’s national security motivations, the balance of equities and public interests justify granting the Plaintiffs’ (request to block the new order),” Watson wrote.
The Justice Department said it will defend the new travel ban.
“The Department of Justice strongly disagrees with the federal district court’s ruling, which is flawed both in reasoning and in scope. The President’s Executive Order falls squarely within his lawful authority in seeking to protect our Nation’s security, and the Department will continue to defend this Executive Order in the courts,” DOJ said in a statement Wednesday night.