Friday, 7 July 2017

The fight continues in US Court of Appeal against Trump's 'Muslim Travel Ban'


Business Insider, 29 June 2017:

WASHINGTON/NEW YORK (Reuters) - The state of Hawaii asked a federal judge in Honolulu on Thursday to clarify a US Supreme Court ruling that reinstated parts of President Donald Trump's revised travel ban, arguing that the Trump administration had interpreted the court's decision too narrowly.

In a court filing, Hawaii said the US government intended to violate the Supreme Court's instructions by improperly excluding from the United States people who actually have a close family relationship to US persons.

The 90-day ban took effect at 8 p.m. ET along with a 120-day ban on all refugees.

On Monday, the Supreme Court revived parts of a travel ban on people from six Muslim-majority countries, narrowing the scope of lower court rulings that had blocked parts of a March 6 executive order and allowing his temporary ban to go into effect for people with no strong ties to the United States.

The court agreed to hear arguments during its next term starting in October to decide finally whether the ban is lawful.

The Supreme Court exempted from the ban travelers and refugees with a "bona fide relationship" with a person or entity in the United States. As an example, the court said those with a "close familial relationship" with someone in the United States would be covered.

The Trump administration decided on the basis of its interpretation of the court's language that grandparents, grandchildren and fiancés traveling from Iran, Libya, Somalia, Sudan, Syria and Yemen would be barred from obtaining visas while the ban was in place.

In its court filing, Hawaii echoed criticism from immigrant and refugee groups that the Trump administration had defined too narrowly who should be exempted.

Hawaii called the refusal to recognize grandparents, fiancés, and other relatives as an acceptable family relationship " a plain violation of the Supreme Court's command."

The State of Hawaii’s  latest motion is Civil Action No. 1:17-cv-00050- DKW-KSC EMERGENCY MOTION TO CLARIFY SCOPE OF PRELIMINARY INJUNCTION



Around the same time this motion was filed, the Trump administration announced on the US State Department website that it was removing “fiancé” from the list of relationships not considered bona fide:

Upon further review, fiances are now included as close family members.

UPDATE

U.S. Court of Appeals for the 9th Circuit is reported in The Guardian to have ruled on 7 July 2017 that it did not have jurisdiction to weigh in on this particular aspect of the matter:

In a statement, Hawaii Attorney General Douglas S. Chin said the ruling “makes clear that Judge Watson does possess the ability to interpret and enforce the Supreme Court’s order, as well as the authority to enjoin against a party’s violation of the Supreme Court’s order placing effective limitations on the scope of the district court’s preliminary injunction.”

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