SEATTLE -- Washington state is asking a federal judge to determine if his earlier injunction against President Donald Trump's initial travel ban also applies to the President's revised executive order.
Washington was the first state to sue over the original travel ban, which resulted in a federal judge in Seattle halting its implementation around the country. Attorney General Bob Ferguson on Thursday said the state would ask Judge James Robart to extend his temporary restraining order against the first ban to Trump's revised order.
"In our view, this new executive order contains many of the same legal weaknesses as the first and reinstates some of the identical policies as the original. Consequently, it is equally subject to the injunction we received February 3," argued Ferguson.
Related: Notice of filing of executive order
Related: Response to Defendants notice of filing executive order
Trump's revised ban bars new visas for people from six predominantly Muslim countries: Somalia, Iran, Syria, Sudan, Libya and Yemen for 90 days. Iraq, previously targeted in the initial order, was removed from the list in the revised order.
The new It also temporarily shuts down the U.S. refugee program for 120 days. Previously, Syrian refugees were subject to an indefinite ban, but that language was removed.
The new order also says current visa holders will not be affected and removes language that would give priority to religious minorities.
The Department of Justice also notes a list of circumstances when waivers may be appropriate in the new order.
While Ferguson noted "victory in rolling back some of the harms," he said core provisions, namely the provisions pertaining to refugees and citizens of the six predominately Muslim countries targeted, contain the same constitutional problems raised by the original case.
“It cannot be a game of whack-a-mole for the court," said Ferguson. "That’s up to the court to decide if the new action is sufficiently different to cure the underlying defects that were in place that caused the original injunction."
The Attorney General's office filed a motion with U.S. District Judge Robart late Thursday evening, outlining their argument.
The new filing also references statements made by advisors of President Trump, including senior policy advisor Stephen Miller stating that the second order was intended to address "technical issues," but the achieves the "same basic policy outcome."
The Department of Justice, meanwhile, in its own filing earlier this week describes the new order's policies as "substantially different," from polices in the first version.
Ferguson also announced Thursday that Oregon, and New York are seeking to join Washington's case, along with Massachusetts. Minnesota was the first state to join when the suit was first filed.
“I wouldn’t be surprised if additional states join us as well," Ferguson said.
Hawaii on Wednesday filed a separate lawsuit against Trump's revised travel ban, saying the order will harm its Muslim population, tourism and foreign students.
The Associated Press contributed to this report.
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