Hawaii becomes 1st state to sue over Trump's new travel ban

March 9, 2017

Honolulu, Mar 9: Hawaii has become the first state to sue to stop President Donald Trump's revised travel ban.

Attorneys for the state filed the lawsuit yesterday in federal court in Honolulu. The state had previously sued over Trump's initial travel ban, but that lawsuit was put on hold while other cases played out across the country.

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Hawaii gave notice Tuesday night that it intended to file an amended lawsuit to cover the new ban, which plans to goes into effect March 16.

The revised executive order bars new visas for people from six predominantly Muslim countries and temporarily shuts down the US refugee programme. It doesn't apply to travelers who already have visas.

Hawaii's lawsuit says the order will harm Hawaii's Muslim population, tourism and foreign students.

"Hawaii is special in that it has always been non-discriminatory in both its history and constitution," said Attorney General Douglas Chin, whose office has also asked for a temporary restraining order against the ban. "Twenty percent of the people are foreign-born, 100,000 are non-citizens and 20 percent of the labor force is foreign-born."

Chin, who noted the state has budgeted about $150,000 for an outside law firm to help with the lawsuit, said people in Hawaii find the idea of a travel ban based on nationality distasteful because they remember when Japanese Americans were sent to internment camps during World War II. Chin said Hawaii was the site of one of these camps.

People in Hawaii know that the fear of newcomers can lead to bad policy, Chin said.

The move came after a federal judge in Honolulu said earlier Wednesday that Hawaii can move forward with the lawsuit.

US District Judge Derrick Watson granted the state's request to continue with the case and set a hearing for March 15 the day before Trump's order is due to go into effect. It bars new visas for people from the six predominantly Muslim countries and temporarily shuts down the US refugee programme. Officials in heavily Democratic Hawaii previously sued to stop Trump's initial ban but that suit was placed on hold amid legal challenges around the country.

The US Department of Justice declined to comment on the pending litigation.

The state will argue at the March 15 hearing that the judge should impose a temporary restraining order preventing the ban from taking effect until the lawsuit has been resolved.

Hawaii's complaint says it is suing to protect its residents, businesses and schools, as well as its "sovereignty against illegal actions of President Donald J. Trump and the federal government."

The order affects people from Iran, Syria, Somalia, Sudan, Yemen and Libya. It does not apply to travelers who already have visas.

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News Network
June 2,2020

Minneapolis, Jun 2: An official autopsy released Monday ruled that George Floyd, the African-American man whose death at police hands set off unrest across the United States, died in a homicide involving "neck compression".

George, 46, died of "cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression," and the manner of death was "homicide," the Hennepin County Medical Examiner in Minneapolis said in a statement.

Floyd's other significant health conditions were listed as "arteriosclerotic and hypertensive heart disease; fentanyl intoxication; recent methamphetamine use."

The statement added that the "manner of death is not a legal determination of culpability or intent."

It emphasized that under Minnesota state law "the Medical Examiner is a neutral and independent office and is separate and distinct from any prosecutorial authority or law enforcement agency."

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May 12,2020

May 12: Several Indians in the US, either on the H-1B work visa or Green Card having children who are American citizens by birth, are being prevented from travelling to India aboard the special repatriation flights being run by Air India amidst the coronavirus-linked global travel restrictions.

According to the regulations issued by the Indian government last month and updated last week, visas of foreign nationals and OCI cards, that provide visa-free travel privileges to the people of Indian-origin, have been suspended as part of the new international travel restrictions.

For some of the Indian citizens like the Pandey couple in New Jersey (name and place changed at request), it's a double whammy. Having lost their H-1B job, they have to go back to India within the stipulated 60 days as required by law. The couple has two kids aged one and six years who are American citizens.

In the wee hours of Monday, they had to return from Newark airport as Air India refused to give their kids a ticket to fly to India along with them, despite them having a valid Indian visa. The young mother and father are Indian citizens.

They said that the officials from Air India and (Indian) Consulate (in New York) were very cooperative.

Also Read: COVID-19: Top senators urge Trump to temporarily suspend all new guest worker visas, including H-1B

But they could not do anything as their hands were tied by the latest regulation issued by the Indian government, a shocked Ratna Pandey told PTI.

"I would like to urge the Indian government to reconsider their decision on the humanitarian basis," said the Indian national who has lost her job but could not leave the US within the stipulated 60 days to avoid any future visa complications.

She now plans to make an appeal to the US Citizenship and Immigration Services (USCIS) to extend their stay.

Last month, H-1B visa holders, mostly Indians, launched a White House petition urging US President Donald Trump to extend their permissible stay from 60 to 180 days after job loss. However, there has been no decision from the White House so far.

While there is no official statistics of how many Indian H-1B visa holders have lost their jobs, it is believed to be substantial.

The US, due to the coronavirus pandemic, is experiencing an unprecedented unemployment rate and more than 33 million Americans have lost their jobs in the last two months. Given this massive job loss, Indians, who have lost their jobs, are unlikely to get one and thus many would have no other option but to travel back home.

In the case of single mother Mamta (name changed), the situation is graver as her son is just three-month old. Only she was given the ticket and the infant was not allowed to fly along with her because he carried an American passport.

"I would like to request the Indian government to let us fly back home. I don't want to stay in the US any longer," she told PTI hours after being prevented from boarding her hometown Ahmedabad-bound flight from Newark on Sunday.

"I am alone here. I don't have a relative here. It's a difficult situation," she said.

"Vande Bharat Mission is a humanitarian mission. But this is certainly inhuman," said Rakesh Gupta (name changed) from Washington DC.

An H-1B professional, Gupta has lost his job and needs to return to India within the stipulated 60 days. He and his wife, Geeta (name changed) being Indian citizens, received the confirmation of their seats in the flight but have been told that their two-and-a-half-year-old daughter cannot travel with them as she carried an OCI card.

"I don't believe this," he said.

Unlike the Pandey couple and Mamta, who had made the payment of USD 1,361 per ticket for their flight back home, Rakesh has not made the payment. Air India has said that the money would be refunded.

All the three Indian citizens requested the Indian government to help them travel back home by making necessary changes in the current regulations.

As per a recent government notification, all existing Indian visa holders, and visa-free travel facility, granted to OCI card holders who are not in India, have been suspended till restrictions on international air travel remains.

New York-based community leader Prem Bhandari said that the May 5 travel advisory has created multiple painful issues for the OCI card holders in the US and also to Indian citizens who are either on Green Card or H-1B visas and want to travel back home, but cannot leave their kids who are Americans by birth.

"We would like to express our disappointment with the discrimination between OCIs and citizens in respect of entering India at this critical stage when many OCIs have lawfully built their homes, families and businesses in India," Bhandari said in a letter to Union Home Secretary Ajay Kumar Bhalla on Monday.

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March 18,2020

Washington, Mar 18: Hundreds of distressed Indian students, stuck in the Philippines, are seeking help through video messages as they are unable to fly back home due to the travel restrictions imposed by India to contain the spread of the deadly novel coronavirus, according to friends and relatives of some of these students in the US.

The Indian government on Tuesday banned the entry of passengers from Afghanistan, Philippines and Malaysia to India with immediate effect amid stepped up efforts against the spread of COVID-19.

In a video message by one of these students Akhil Bala Nair, around 200 Indian students had booked their flight tickets for India in the next few days. But all of them have been cancelled due to the new policy.

Most of the students, she said, had booked their flights for March 17 and rest were schedule to travel to India on March 19 and 20. But the flights were cancelled and scores of Indian students are now stuck at the airport in Manila, Nair said in the video message sent to Prem Bhandari, head of the Jaipur Foot USA.

“It is need of the hour that the Indian government send a plane to bring these Indian students back home,” Bhandari, who in the past has worked for the cause of the Indian diaspora, and who was approached by these students told PTI.

According to these students, some 100 of them have been at the airport since Tuesday.

They all have confirmed tickets but the airport authorities are not allowing them to check in because of the new travel regulations.

While the airport authorities have asked them to go back to their respective place of residence, the students said they were unable to travel because of the absence of local taxi or shared ride services.

The students said that they are running out of time as the Philippines government has given them 72 hours time to exit the country, which started from March 16, after which the country will go into lockdown.

“This means we would not be able to travel anywhere outside Philippines after March 20,” Nair said in her message.

The students said that there are many of them who have applied for renewal of their visas and are unable to travel to India.

There are nearly 1,000 Indian students presently in Manila who are willing to travel back home, they said.

Meanwhile, the Indian Embassy in Manila, in a tweet, said that they, along with the Ministry of External Affairs, are trying to work out a solution.

“It is requested to all to kindly have patience,” the embassy said.

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