Virginia Takes Legal Action Against Trump Executive Order on Refugee Ban

RICHMOND, VA -- Virginia Attorney General Mark Herring brought legal action Tuesday against President Donald Trump and members of his administration for his Jan. 27 Executive Order banning entry to the United States for individuals from certain countries, even those who are lawful permanent residents or entering the United States on valid work or student visas.

In his announcement about the legal action, Herring said the Commonwealth will defend the rights of its residents and its own sovereign rights by moving to intervene and join the pending case Aziz v. Trump et al. in the Eastern District of Virginia.

The action comes a few days after Trump issued an executive order temporarily banning travel from seven Muslim-majority countries. The move has raised legal questions, sparked protests around the country including at Dulles Washington International Airport.

Herring and Gov. Terry McAuliffe stood together Tuesday afternoon in Richmond at a news conference to announce the legal action; they noted the executive order by Trump is playing havoc with students attempting to return to universities in Virginia.

"Today I am bringing legal action on behalf of the Commonwealth of Virginia against President Donald Trump and his administration for the unconstitutional and unlawful executive order of January 27, 2017," Herring said. "The Commonwealth has substantial interests justifying its intervention, and make no mistake, the Commonwealth of Virginia, and our people, are already being harmed by this Executive Order.

"As we speak, there are students at our colleges and universities who are unable to return to Virginia. We have professors, researchers, and employees at our colleges and universities and Virginia businesses who either cannot enter the country, or who will be barred from returning should they leave.

"We have been working around the clock since Friday to examine this Executive Order before reaching this conclusion. This is not an action I take lightly, but it is one I take with confidence in our legal analysis, and in the necessity of intervening to both protect the Commonwealth's own sovereign interests and vindicate its residents' civil rights.

"This order is unlawful, unconstitutional, and un-American, and action is required."

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.

The Commonwealth's intervention and participation in the suit is being handled by Virginia Solicitor General Stuart A. Raphael and members of his team.

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