Washington State Attorney General Bob Ferguson said Tuesday’s decision by President Trump to abandon its court fight over the president’s first travel ban was proof that the Jan. 27 executive order was unconstitutional from the start.
In a statement Tuesday, Ferguson said:
“The Trump Administration’s decision to withdraw their appeal — and pay our costs — confirms what I said yesterday: The president’s original travel ban was unconstitutional.
“Contrary to President Trump’s indefensible criticisms of the judiciary, his concession today admits that Judge Robart got it right when he enjoined the original executive order.”
Trump issued a new executive order restricting travel from visitors from six mostly Muslim countries on Monday.
The new travel ban now affects travelers from Iran, Libya, Somalia, Sudan, Syria and Yemen. Iraq was cut from the new ban, as well as references to Green Card holders and exceptions for certain religious minorities.
Ferguson successfully challenged Trump’s first executive order — called a “Muslim ban” by many of its critics — which left confusion and protests at airports across the country in its wake.
Ferguson asked the United States District Court for the Western District of Washington to declare key provisions of the immigration executive order as “unconstitutional” and sought a temporary restraining order that would halt implementation of Trump’s executive order.
U.S. District Court James L. Robart granted the restraining order in early February, and his decision was later upheld by the U.S. Court of Appeals for the Ninth Circuit.