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WASHINGTON — President Trump's new travel and refugee executive order will not go unchallenged, as lawyers for Hawaii told a federal court on Tuesday that they plan to file a challenge on Wednesday.
While other state officials who had challenged the original ban said on Monday that they would be taking time to review the new order before deciding their next moves, lawyers for Hawaii Attorney General Doug Chin were in court Tuesday, announcing their next plans.
The case that Hawaii brought against the original ban was put on hold in the wake of the nationwide injunction issued in the case brought by Washington and Minnesota.
Now, the lawyers behind the Hawaii challenge — including former Acting Solicitor General Neal Katyal — have asked to end the stay on their case so they can bring a challenge to the new executive order, issued on Monday. The filing notes that the federal government consents to the move to end the stay.
The lawyers for Hawaii plan to bring the new challenge, an amended complaint, on Wednesday, according to the joint filing by the state and Justice Department lawyers. The Justice Department's response would be due on March 13, with Hawaii's reply filed the next day.
If filed on Wednesday, it likely will be the first challenge to the new ban — but not the first announcement that one is coming. That was made by the Arab American Civil Rights League and others in an ongoing lawsuit pending in Michigan. That filing, however, only stated that a new challenge would be coming on the March 16 effective date of the new order.
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