Washington State Attorney General Bob Ferguson announced that he is filing a lawsuit in federal court Monday against President Donald Trump and his executive order that bans refugees from entering the country.
The lawsuit also named the U.S. Department of Homeland Security and high-ranking Trump Administration officials.
Ferguson made the announcement at a press conference in Seattle Monday, flanked by Governor Jay Inslee, Solicitor General Noah Purcell, Wing Luke Civil Rights Unit Chief Colleen Melody, Assistant Attorney General Marsha Chien, Solicitor General’s Office Fellow Kelly Paradis and Assistant Attorney General Patricio Marquez.
The announcement followed Ferguson’s promise from over the weekend to fight the executive order signed by Trump on Friday that banned refugees from entering the United States and prompted the detention of refugees, permanent legal residents with green cards and others at airports around the country, including Seattle.
Many have called the executive order a “Muslim ban,” as it is targeted at those traveling to the United States from seven Muslim-majority countries: Iran, Iraq, Syria, Somalia, Sudan, Yemen and Libya.
The executive order touched off massive demonstrations in Seattle and other major cities across the country this weekend, as well as a smaller protest on Bainbridge Island Sunday evening.
Ferguson’s complaint asks the United States District Court for the Western District of Washington to declare key provisions of the immigration executive order as “unconstitutional.”
Ferguson said he has also filed a motion for a Temporary Restraining Order that would put an immediate halt to implementation of the controversial executive order.
“No one is above the law — not even the president,” Ferguson said. “And in the courtroom, it is not the loudest voice that prevails. It’s the Constitution.”
The complaint claims 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.”
In the court filing, Ferguson also argues that the executive order violates the U.S. Constitution’s guarantee of equal protection under the law and the First Amendment’s Establishment Clause.
He said it also harms individuals’ constitutional right to due process and contravenes the federal Immigration and Nationality Act.
Major Washington state businesses — Amazon and Expedia — supported the attorney general’s lawsuit through declarations filed with the complaint. Amazon and Expedia both said Trump’s executive order impacts their businesses’ employees and operations.
The executive order came under immediate legal fire after it was signed late Friday.
On Saturday, a federal judge in Brooklyn issued an order enjoining the Trump Administration from enforcing the executive order on people who arrived in the United States just after the order was given.
Ferguson’s lawsuit is broader in scope, his office said, and seeks to invalidate entire sections of the executive order nationwide.
Inslee said the Washington lawsuit was the first of what may be many.
“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,” Inslee said.
“I would not be surprised to see more,” Inslee added. “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.”
Ferguson’s complaint asks the court to declare major sections of the executive order illegal and unconstitutional and also seeks to stop the Trump Administration from enforcing the policy.
The attorney general also asks to court to schedule a hearing within 14 days.
