Donald Trump signed a new travel ban order this week
US District Court Judge Derrick Watson announced the state could add to its initial lawsuit, which had challenged Trump's original ban signed in January.
The state is claiming the revised ban signed by the president on Monday violates the US Constitution, in the first legal challenge to the revised order.
Hawaii will now ask the court on Wednesday to put an emergency halt to Trump's new order – and a hearing has already been set for March 15, a day before the new ban is to go into effect.
The news comes just days after President Trump signed the new executive order for a revised travel ban, which excluded Iraqis.
Donald Trump issued a revised travel ban this week
However the order will continue to block entry to the US for citizens of Somalia, Sudan, Syria, Iran, Libya and Yemen.
The order, which will go into effect on March 16, will not revoke existing visas approved before that date and does not explicitly apply to current lawful permanent residents and green card holders.
But the revised order still seeks to curb the number of refugees allowed in to the United States — with no more than 50,000 being allowed in in 2017.
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U.S. President Donald Trump arrives aboard Air Force One at Joint Base Andrews, Maryland
However Syrian refugees will get a new deal – after the old order indefinitely banned them from travel to the US.
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Now under the revised ban, Syrian refugees are expected to be treated like other refugees and find themselves subject to a 120-day suspension of the US refugee programme.
The President’s first travel ban had been taken to court by the state of Washington and slapped down – yet Trump announced he would challenge the ruling and take the case to the Supreme Court.
The state claims the ban violates the US Constitution
Following the banning of the first travel ban last month, Donald Trump tweeted: “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”
And his second order could now face the same scrutiny following Hawaii's announcement today.
But legal experts have said court challenges will be more difficult now because changes to the order give exemptions to more people.
However Hawaii is determined to push ahead with its plans.
The state claims its state universities would be harmed by the order as they would have trouble recruiting students and faculty.
And officials also say the island state's economy would be hit by a massive decline in tourism.
New York’s Attorney General Eric Schneiderman also said he was examining the new ban to see if he could lodge a legal challenge of his own.
The news will sour relations with Obama, who is from Hawaii, even further
Schneiderman said: “While the White House may have made changes to the ban, the intent to discriminate against Muslims remains clear.
“This doesn’t just harm the families caught in the chaos of President Trump’s draconian policies – it’s diametrically opposed to our values, and makes us less safe.”
Immigration advocates have said the new ban, like the original one, discriminates against Muslims.
But the government says the president has wide authority to implement immigration policy and says the travel rules are necessary to protect against terrorist attacks.
The news is likely to sour relations with former President Barack Obama, who is from Hawaii, even further following the phonetapping allegations last week.
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