Washington state’s attorney general said Monday he is suing President Donald Trump over his executive order that suspended immigration from seven countries with majority-Muslim populations and sparked nationwide protests.
The move makes Washington the first state to announce a legal action against the Trump administration over one of its policies.
“If successful it would have the effect of invalidating the president’s unlawful action nationwide,” Attorney General Bob Ferguson said at a news conference.
Trump signed the executive order Friday suspending immigration for citizens of the seven countries for 90 days. Ferguson was one of 16 state attorneys general who released a statement Sunday calling Trump’s immigration action “un-American and unlawful.”
Trump’s order sparked large protests around the country over the weekend, including one that drew 3,000 people to Seattle-Tacoma International Airport.
The complaint seeks to have key provisions of the executive order declared unconstitutional and asks for a temporary restraining order against its enforcement.
Trump has repeatedly said the move is aimed at protecting the nation against extremists looking to attack Americans and American interests.
Ferguson said the lawsuit against Trump, the U.S. Department of Homeland Security and high-ranking Trump administration officials would be filed later Monday in federal court in Seattle.
The complaint seeks to have key provisions of the executive order declared unconstitutional, Ferguson said. The state is also asking for a temporary restraining order against enforcement of the order.
“We are a country based on the rule of law and in a courtroom it is not the loudest voice that prevails, it’s the Constitution,” Ferguson said. “At the end of the day, either you’re abiding by the Constitution or you are not. And in our view, the president is not adhering to the Constitution when it comes to this executive action.”
Declarations of support from Amazon and Expedia — two Washington state-based businesses — will be included in the declarations, said Ferguson, who was joined at the news conference by Gov. Jay Inslee.
This is un-American, it is wrong, and it will not stand.
Gov Jay Inslee
The complaint claims that Trump’s actions are separating Washington families, harming thousands of state residents, damaging the state economy, hurting Washington-based companies “and undermining Washington’s sovereign interest in remaining a welcoming place for immigrants and refugees,” Ferguson said.
Inslee said the “inhumanity” of Trump’s order is obvious.
“This is un-American, it is wrong, and it will not stand,” Inslee said. “The clear intent of this executive order is to discriminate against one faith amongst all God’s children.”
Asked if he fears retaliation from the Trump administration, Inslee said “there’s no predicting this president, but we will not yield, we will not be leveraged, we will not be threatened, we will not be intimidated.”
Inslee said he learned the hard way over the years “you do not back down to bullies.”
Ferguson said he has been in contact with other attorneys general but at this point Washington state was acting on its own regarding the legal action.
The Port of Seattle said over the weekend that people who were detained at Seattle-Tacoma International Airport as a result of Trump’s order have been released.
U.S. Rep. Pramila Jayapal said Sunday that two individuals were released. One is a citizen of Sudan and the other a citizen of Yemen, both countries named in Trump’s order.