Wash., Ore., New York will challenge Trump's new travel order

Washington, joined by Oregon and New York, will challenge the "illegal and unconstitutional" provisions of President Trump's revised travel ban, and ask U.S. District Judge James Robart to keep in place a restraining order issued against Trump's earlier, more sweeping Muslim ban.

While the revised travel order "narrows the scope" of Trump's earlier ban, said Attorney General Bob Ferguson, it still prohibits travel from six predominantly Muslim countries and bars refugees from Syria for 120 days.

"There is still a case that the state and people in the state are harmed by this revised order," Ferguson told a Seattle news conference.

The state's legal team fighting President Trump's travel ban: Attorney General Bob Ferguson is flanked by Solicitor General Noah Purcell, right, and Civil Rights Unit chief Colleen Melody. The state's legal team fighting President Trump's travel ban: Attorney General Bob Ferguson is flanked by Solicitor General Noah Purcell, right, and Civil Rights Unit chief Colleen Melody. Photo: GENNA MARTIN, SEATTLEPI.COM Photo: GENNA MARTIN, SEATTLEPI.COM Image 1 of / 3 Caption Close Wash., Ore., New York will challenge Trump's new travel order 1 / 3 Back to Gallery

The Attorney General noted that Judge Robart's restraining order is still in place, and that actions contained in Trump's revised order are restrained. The state will argue that the current preliminary injunction applies to the president's new Executive Order.

Or, to put it another way, the 45th president cannot just act unilaterally and put a new ban in place.

"It cannot be a game of whack-a-mole for the court," Ferguson aid. "The temporary restraining order we've already obtained remains in effect."

And, he added, it is time for the 45th President to live with and respect the law. "You cannot tweet your way out of it: It doesn't work that way in court," said Ferguson, alluding to late night missives from Trump, including his reference to Robart as a "so-called judge."

Oregon is on board. Ferguson has gained a new ally and collaborator in New York Attorney General Eric Schneiderman, with whom he talked last night and again this morning.

Schneiderman delivered a broadside against the White House in announcing Thursday that New York is joining the suit.

"President Trump's latest Executive Order is a Muslim Ban by another name, imposing policies and protocols that once again violate the Equal Protection Clause and Establishment Clause of the United States Constitution," said the New York AG.

Massachusetts announced late Thursday that it is joining the suit. "President Trump's second travel ban remains a discriminatory and unconstitutional attempt to make good on his campaign promise to implement a Muslim ban," said AG Maura Healey.

The states will be filing an amended complaint early next week. "Our amended complaint will add allegations concerning the second Executive Order," said state Solicitor General Noah Purcell.

Hawaii has filed a second, separate suit seeking a temporary injunction against what its attorney general calls "Muslim Ban No. 2."

The revised Trump travel order is designed to withstand federal court challenge. It removed Iraq from the list of seven predominantly Muslim nations from which travel is barred. It exempts existing visa holders. It has softened language that gave preference to Christian refugees, when the United States again allows refugees to enter.

The revised ban, set to take effect March 16, impacts "a smaller number. There's no way around that," Ferguson said.

Still, the state has been consulting with colleges and universities, as well as major employers. There are still student, accepted for study, who won't be able to come here, plus scholars and teachers who won't be allowed in.

As to businesses, said Purcell, "They certainly feel that it does affect them."