Attorney General Ferguson seeks halt to Trump’s immigration Executive Order

Lawsuit seeks to invalidate new policy nationwide.

Attorney General Bob Ferguson announced on Jan. 30 that he is filing a lawsuit in federal court today against President Donald Trump, the U.S. Department of Homeland Security and high-ranking Trump Administration officials. Ferguson’s complaint asks the United States District Court for the Western District of Washington to declare unconstitutional key provisions of President Donald Trump’s immigration Executive Order.

The Attorney General also filed a Motion for Temporary Restraining Order seeking an immediate halt to the Executive Order’s implementation.

The complaint asserts that the President’s actions are “separating Washington families, harming thousands of Washington residents, damaging Washington’s economy, hurting Washington-based companies, and undermining Washington’s sovereign interest in remaining a welcoming place for immigrants and refugees.”

“No one is above the law — not even the President,” Ferguson said in a press release. “And in the courtroom, it is not the loudest voice that prevails. It’s the Constitution.”

Ferguson argues that the Executive Order violates the U.S. Constitution’s guarantee of Equal Protection and the First Amendment’s Establishment Clause, infringes individuals’ constitutional right to Due Process and contravenes the federal Immigration and Nationality Act.

Major Washington state institutions supported the Attorney General’s lawsuit through declarations filed alongside the complaint. In their declarations, Amazon and Expedia set forth the detrimental ways the Executive Order impacts their operations and their employees.

On Saturday, Jan. 28, a federal judge in Brooklyn issued an order enjoining the Trump Administration from enforcing its Executive Order as to certain individuals who have arrived in the United States. Ferguson’s lawsuit is broader in scope and seeks to invalidate entire sections of the Executive Order nationwide.

“Never has our system of checks and balances been more important. Washington is filing the first suit of its kind in the nation, thanks to the good work of Attorney General Ferguson and his team,” said Gov. Jay Inslee, who joined Ferguson at Monday’s press conference. “I would not be surprised to see more. Until Congress takes this Administration to task for the obvious moral and legal injuries suffered by innocent, law-abiding people entering our country, it is up to states to protect and promote the rights of the people who reside in our borders.”

Today’s complaint asks the court to declare major sections of the Executive Order illegal and unconstitutional and to enjoin the Trump Administration from enforcing the policy.

The Attorney General also asks to court to schedule a hearing within 14 days.

A copy of the complaint will be available on the Attorney General’s Office’s website at www.atg.wa.gov later today.

Solicitor General Noah Purcell; Deputy Solicitor General Anne Egeler; Assistant Attorneys General from the AGO’s Wing Luke Civil Rights Unit including Unit Chief Colleen Melody, Patricio Marquez and Marsha Chien; and Solicitor General’s Office Fellow Kelly Paradis are handling the state’s case.

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