Herring: preliminary injunction in immigration case is 'an incredible victory'

13News Now Laura Geller has the story

The approval of a preliminary injunction of President Trump’s immigration ban is "an incredible victory," according to Virginia’s attorney general.

13News Now interviews Attorney General Mark Herring Tuesday to find out exactly what the preliminary injunction of the President's executive order means for Virginians.

“We presented a mountain of evidence,” Herring said.

The strongly worded 22-page order from the judge is about more than legal jargon, according to Attorney General Mark Herring.

“Families will continue to be reunited, that students can continue to finish classes that go to school, that faculty members can be able to travel and present their work without losing their ability to come back in the country,” he described

The injunction essentially bars the President's immigration executive order from enforcement here in Virginia until a trial is held.

A federal judge wrote Monday night it is likely the Commonwealth will prevail in its case and would suffer irreparable harm if an injunction had not been issued. In this part of the case, the federal government responded with no evidence other than the Executive Order itself.

In court, the feds argued the judge “cannot infer an anti-Muslim sentiment in the case, if the order does not affect all, or even most, Muslims.” The judge called that argument "flawed."

But that's not all-- The judge also concluded there are limitations to what the President can do. She wrote "maximum power does not mean absolute power."

“It is really important for our system of checks and balances, for our judicial system to step in and make sure that the executive is operating within those constitutional limitations,” Herring explained.

He believes this sends a message to Virginians.

“That their Commonwealth will stand with them to make sure that their rights are protected,” Herring added. “I've spoken to so many minority communities that are feeling really vulnerable right now.”

There are differences between this ruling and what's going on in Washington State. There, the judge only issued a temporary restraining order, which has a time limit and expires. The injunction in Virginia will be in place until a trial.

13News Now also reached out to the White House for a comment, but we haven't heard back yet.

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