WARWICK, RI — Rhode Island Attorney General Peter F. Kilmartin has again joined a coalition of seventeen states filing an amicus brief urging the Fourth Circuit Court of Appeals to uphold the district court ruling that struck down President Donald Trump’s second travel ban as unconstitutionally directed at Muslims.
The first amicus brief opposed the Trump administration’s request for a stay that would allow the second iteration of its Muslim ban to take effect.
The states’ latest brief explains the reasons that the district court’s decision should not be overturned on appeal, including what the AGs described as overwhelming and uncontested evidence of anti-Muslim animus, the lack of evidence of a national security rationale, and the significant harms that the ban would cause the states, their residents, and their institutions.
“It has been left up to attorneys general to fight against this Administration’s unconstitutional and immoral actions against law abiding individuals simply because of their country of origin,” said Attorney General Kilmartin. “Whether the issue is the harm caused by this ill-conceived travel ban, attempts to roll back environmental policies, or consumer protection laws, I will continue to keep the pressure on and fight any moves that are detrimental to the citizens of this state.”
The brief expresses the concern the AGs share with the court about the considerable harm that would occur if the ban were allowed to go into effect, including harm to state colleges, universities, and medical institutions, reduced tax revenues and damage to state economies, harm to the medical care of residents, and harm to each state’s anti-discrimination laws and protections for religious freedom found in the Constitution of each of the filing states.
Previously, Kilmartin was part of a 17 state coalition urging the Fourth Circuit to reject the Trump Administration’s request to stay the district court injunction currently preventing the ban from going into effect.
In urging the Court to continue the current injunction against the ban, the states made it clear that the Trump administration is unlikely to win their appeal; the public interest strongly favors a continued injunction against the stay; the Trump administration has not demonstrated the required “irreparable harm” that would entitle it to a stay; and States and their residents will face significant harm if the ban goes into effect.
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