DENVER – A Muslim Colorado school scholar on Tuesday joined a rising record of individuals in numerous states who’re suing the Trump administration over an government order that briefly restricts refugees and different immigrants from the U.S.
Zakaria Hagig, 24, who’s initially from Libya however is legally learning at Group School of Denver, had the go well with filed on his behalf in U.S. District Courtroom of Colorado Tuesday morning.
Learn the lawsuit in full by clicking right here.
The defendants within the case are President Donald Trump, the Division of Homeland Safety, Customs and Border Safety, DHS Secretary John Kelly, Appearing CBP Commissioner Kevin McAleenan and the CBP’s Denver Director, Lashanda Jones.
The go well with claims that the administration’s order that bans journey from Iraq, Iran, Syria, Libya, Somalia, Sudan and Yemen for ninety days and suspends refugee admissions for one hundred twenty days violates Hagig’s Fifth and 14th Modification rights to due course of and equal safety, in addition to the First Modification’s Institution Clause.
The go well with states that Hagig ought to have the ability to go and go to his household in Libya with out being banned from re-getting into the nation, which might presently be the case since Libya is among the many seven nations listed within the government order.
It calls Trump’s government order “discriminatory, illegal, and unconstitutional.”
His legal professionals, former state Sen. Morgan Carroll and Alan Kennedy-Shaffer, argue that Hagig’s due course of rights are violated by the order, as a result of “due course of requires that the federal government be constrained earlier than it acts in a means that deprives people of liberty pursuits” protected by the Fifth and 14th amendments.
The go well with additionally cites ongoing lawsuits filed earlier this week by individuals in New York, Washington, Virginia and Massachusetts towards the chief order as foundation for the due course of violations argument.
It additionally argues that the order discriminates towards Hagig based mostly on his nation of origin and faith, saying that because the president has made remarks prior to now that he would ban Muslims from the nation, that the intent of the order is to discriminate on the idea of faith.
“President Donald Trump and senior employees have made clear that government order shall be utilized to primarily exclude people on the idea of their nationwide origin and being Muslim,” the go well with says, citing remarks he made in December 2015.
It additionally cites the president’s statements that preferential remedy can be given to Christians when a case-by-case foundation is utilized to sure points of the order.
On that foundation, the go well with argues that the chief order violates the First Modification’s Institution Trigger “by not pursuing a course of neutrality between spiritual faiths,” in line with the go well with.
Lastly, the go well with alleges that the order violates constitutional and statutory rights of Hagig and…