Virginia Case Against Immigration Ban Moves Forward

ALEXANDRIA, VA -- Virginia's lawsuit against President Donald Trump's immigration ban will be moving forward after Judge Leonie M. Brinkema granted Virginia's motion to intervene in the case to challenge the ban, the Virginia Attorney General's Office announced Friday afternoon.

The judge's action allows the Commonwealth to join a lawsuit challenging President Donald Trump’s travel ban. The ban impacts Syrian refugees indefinitely, all other refugees for 120 days and residents of seven Muslim-majority countries for 90 days; the ban has caused chaos at airports across the country.

Virginia's participation in the case expands the scope of affected individuals to also include visa holders as well as lawful permanent residents (green card holders.)

Some 100,000 visas were revoked in response to President Trump's executive immigration order, media outlets reported, after a lawyer for the Justice Department revealed the figure in court Friday.

The judge on Friday also granted Herring's request for the names of all Virginia residents who have been denied entry or removed because of the immigration ban.

The Commonwealth will next argue in favor of a motion for a preliminary injunction during a hearing on Friday, Feb. 10, the Attorney General's Office said.

While Virginia Attorney General Mark Herring continues to pursue the legal case against President Trump's immigration ban, he is also working to get any affected students from Virginia universities back in the country after the ban prevented them from returning from overseas, including one student who has been stranded in Turkey after not being able to continue on to the United States after leaving her home country, the Attorney General's Office said.

Herring issued the following statement on Friday's decision by Brinkema:

"President Trump's unlawful, unconstitutional, and un-American immigration ban is causing real harm as we speak to Virginia families, students, businesses, and our colleges and universities. I'm really glad the judge recognized the harm and allowed our case to move forward.

"Right now we're working to make sure we get any affected students back into the country, but one-time fixes don't address the underlying problems with this ban. I think Judge Brinkema recognized that when she encouraged the federal government to think about a more 'global' solution, which is what we're looking for, as well.

"It was also moving to hear the judge describe the unprecedented outpouring of concern this ban has caused in Virginia and around the country. She also noted, and the federal government's lawyers conceded, that the implementation had been chaotic and the revocation of visas had a real impact on people around the world.

"The legal issues in this case are complex, but in many ways this case gets to the heart of who we are as Americans. We are a country and a Commonwealth that are welcoming and open. We do not discriminate based on religion, race, or national origin. That is why we will continue to fight."

The Commonwealth's motion to intervene is available here. The Commonwealth's memorandum of law in support of its motion to intervene is available here.

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