Donald Trump's travel ban is facing further legal issues
US District Judge Leonie Brinkema ruled the travel ban was found on an unconstitutional religious bias, which violates the First Amendment prohibitions on favouring one region over another.
In her 22-page ruling, Judge Brinkema said Trump's promises during the campaign to implement what came to be known as a "Muslim ban" provide evidence the current executive order unconstitutionally targets Muslims, according to ABC news.
She added: “The president himself acknowledged the conceptual link between a Muslim ban and the EO (executive order).”
Virginia Attorney General Mark Herring, a Democrat who brought the lawsuit against Trump in Virginia, hailed the judge’s ruling.
Mr Herring told ABC news: “Judge Brinkema's ruling gets right to the heart of our First Amendment … claim.”
Initially, Mr Herring had asked the Judge to enforce the injunction nationwide, but Brinkema refused stating the nationwide suspension of the ban, implemented from Washington, would cover the other areas.
Virginia based its plea for an injunction on the basis that the ban would negatively affect the state.
UK Reacts To Trump's 'Muslim' Travel Ban Mon, January 30, 2017
President Trump signed an executive order banning immigration to the USA from seven 'muslim' countries. This led to protests across America and, now, the UK.
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Britons protest against US President Trump's executive order on immigration
With a large student base, Virginia claimed 1,000 students at its universities and dozens of university staff members and professors could be affected by the ban.
Judge Brinkema slammed Trump's administration for not justifying the travel ban. She said the President’s executive power "does not mean absolute power".
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The Pentagon defence HQ is located within the state of Virginia
She added: “Every Presidential action must still comply with the limits set by Congress' delegation of power and the constraints of the Constitution, including Bill of Rights.”
Trump has raised the possibility that he will issue a new executive order to replace the one being challenged in court.
Last week, a White House official released a statement which read: "We are actively considering changes or other executive orders that will keep our country safe from terrorism."
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