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Delaware Department Of Justice Statement On Litigation Over President’s Executive Order On Travel Into The United States

Date Posted: Wednesday, February 1st, 2017
Categories:  Department of Justice DOJ Press Releases

The State of Washington, through its Attorney General and Governor, has filed a federal lawsuit challenging the Executive Order issued by the President imposing new restrictions on travel to the United States. The lawsuit seeks to enjoin and invalidate certain provisions of the order that violate either federal law or the United States Constitution.

Attorney General Denn has indicated to the Attorney General of Washington that Delaware will provide assistance to Washington with its lawsuit. That assistance will be focused on the gathering of factual information from Delaware residents, businesses, and institutions detailing the impact that the challenged provisions of the order are having on them. This information could be used by the State of Washington as support for the nationwide relief it is seeking, or if appropriate could become a basis for Delaware to have a more formal role in the litigation.

Former Delaware Supreme Court Chief Justice E. Norman Veasey of the Gordon, Fournaris & Mammarella law firm, Christine DiGuglielmo of the Weil, Gotshal and Manges law firm, and Martin S. Lessner of the Young, Conaway, Stargatt & Taylor LLP law firm will be representing the State of Delaware free of charge as Special Assistant Attorneys General for purposes of gathering this information for the State of Washington litigation. Their willingness to assist the state free of charge will not only bring a wealth of experience and judgment to this effort, but it will also allow Delaware to work with the State of Washington without expanding the workload of full-time DOJ Deputies. Additional private attorneys may be appointed as special assistants to assist with this work, also on a pro bono publico basis.

Proper screening of travelers to the United States and homeland security are important federal functions, which should be carried out by the federal government thoughtfully and responsibly. Attorney General Denn hopes that Delaware can help this State of Washington litigation ultimately to result in a carefully crafted and thoughtfully implemented federal immigration policy that protects Americans’ safety and also comports with the law and Constitution.

Delaware residents who wish to provide information to the state for use in the State of Washington lawsuit may do so by calling 302-577-5400 or e-mailing publictrust@state.de.us.

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