Grandparents and other extended relatives of people in the United States are not exempt from President Trumps travel ban, a federal judge effectively decided Thursday as he denied a bid to curtail enforcement of the executive order meant to keep out citizens of six Muslim-majority countries.
U.S. District Judge Derrick K. Watson wrote that he would not usurp the prerogative of the Supreme Court, and if those suing over the ban wanted relief, they should take their claims there.
That means the government, at least for now, can use the travel ban to block citizens of the affected countries if they are the grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law or sisters-in-law of people in the United States. Officials can also block refugees with a formal assurance from a resettlement agency.
The administration had wanted to keep such people out, and thought a recent Supreme Court ruling partially lifting lower courts freezes on the travel ban allowed them to do so. But those who had sued over the ban disagreed, and they asked Watson to intervene which he declined to do.
[Travel ban takes effect as State Department defines close family]
Because Plaintiffs seek clarification of the June 26, 2017 injunction modifications authored by the Supreme Court, clarification should be sought there, not here, Watson wrote.
Neal Katyal, a lawyer for those challenging the ban, noted on Twitter the ruling offered no decision on the merits of dispute, but simply said it was the Supreme Courts place to decide.
The Supreme Court had ruled late last month that the government could begin enforcing the measure, but not on those with a credible claim of a bona fide relationship with a person or entity in the United States.
The court offered only limited guidance on what type of relationship would qualify. Close familial relationships would count, the court said, as would ties such as a job offer or school acceptance letter that were formal, documented, and formed in the ordinary course.
The government put the measure into effect on June 29, suspending the refugee program and barring the issuance of new visas to residents of Iran, Somalia, Sudan, Libya, Yemen and Syria without U.S. connections. But for opponents of the ban, the administrations interpretation of who had a connection was too narrow.
The administration said it would let into the United States from the six affected countries parents, parents-in-law, siblings, spouses, children, sons and daughters and sons-in-law and daughters-in-law of those already here. (Officials initially wanted to keep out fiances, but later relented.)
Still banned, though, were grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law and sisters-in-law. And the administration also said it would keep out refugees that had a formal assurance from a resettlement agency.
[What the Supreme Courts travel ban ruling means]
Hawaii, which had initially sued over the ban, objected in court, asking Watson to clarify that such people could not be blocked.
The Government does not have discretion to ignore the Courts injunction as it sees fit, lawyers representing the state wrote.
The government shot back that it was drawing lines on who counted as a close family member based on its interpretation of the Immigration and Nationality Act. Justice Department lawyers asserted that the Supreme Court had made clear not all people with U.S. connections should be allowed in.
As the Supreme Court instructed, not all relationships with a person in the United States suffice to fall outside the stay and within the injunction, Justice Department lawyers wrote. Indeed, not even all familial relationships suffice; rather, a close familial relationship is required.
The matter is likely bound for higher courts. The government had asked Watson to put his ruling on hold pending an immediate request to the Supreme Court for clarification of its ruling, and even those suing agreed that any disputes remaining after Watsons order should be dealt with through expedited appellate review.
The Supreme Court is scheduled to hear arguments in the fall on whether Trumps travel ban can pass legal muster. So far, it has only temporarily blocked lower courts injunctions. Some of the justices predicted there might be problems before that.
Justice Clarence Thomas, in an opinion joined by justices Samuel A. Alito Jr. and Neil M. Gorsuch, wrote that he would have restored Trumps travel ban in full, in part because he felt the courts move to restore it only partially would prove unworkable
Todays compromise will burden executive officials with the task of deciding on peril of contempt whether individuals from the six affected nations who wish to enter the United States have a sufficient connection to a person or entity in this country, Thomas wrote. The compromise also will invite a flood of litigation until this case is finally resolved on the merits, as parties and courts struggle to determine what exactly constitutes a bona fide relationship, who precisely has a credible claim to that relationship, and whether the claimed relationship was formed simply to avoid the executive order, he wrote.
This story has been updated.
Original post:
Judge rejects Hawaii bid to exempt grandparents from Trump's travel ban - Washington Post
- Seaching for Condors in the Andes - November 8th, 2009 [November 8th, 2009]
- Visiting "The Mayor" again - November 8th, 2009 [November 8th, 2009]
- The fantasy boot in my dream of childhood - November 8th, 2009 [November 8th, 2009]
- Day 53 54 55 - November 8th, 2009 [November 8th, 2009]
- www.acb.my - November 8th, 2009 [November 8th, 2009]
- day 22 - November 8th, 2009 [November 8th, 2009]
- Hoover Dam Grand Canyon Byrce Canyon and another little incident... - November 8th, 2009 [November 8th, 2009]
- Amazing first week - November 8th, 2009 [November 8th, 2009]
- It's Been Awhile - November 8th, 2009 [November 8th, 2009]
- Busan - November 8th, 2009 [November 8th, 2009]
- Existential Migration: Feeling at Home as the Foreigner - November 8th, 2009 [November 8th, 2009]
- Passport Chop - November 8th, 2009 [November 8th, 2009]
- Travel Photography with a Disposable Camera (it’s NOT an oxymoron) - November 8th, 2009 [November 8th, 2009]
- Miss Travel Girl - November 8th, 2009 [November 8th, 2009]
- Cape to Cairo - November 8th, 2009 [November 8th, 2009]
- Alison Travels - November 8th, 2009 [November 8th, 2009]
- True Nomads - November 8th, 2009 [November 8th, 2009]
- How the Economy Affected 16 Travellers in 2009 - November 8th, 2009 [November 8th, 2009]
- Do Travel Disasters Make the Best Travel Stories? - November 8th, 2009 [November 8th, 2009]
- The Mother of All Trips - November 8th, 2009 [November 8th, 2009]
- A story by Kudra Ricketts - December 13th, 2009 [December 13th, 2009]
- Auckland City - December 13th, 2009 [December 13th, 2009]
- Another Published Article Penny - December 13th, 2009 [December 13th, 2009]
- A Sparkling Xmas Surprise Penny - December 13th, 2009 [December 13th, 2009]
- Sandboarding - December 13th, 2009 [December 13th, 2009]
- The Way Of Make Money In Runescape - December 13th, 2009 [December 13th, 2009]
- Highway 1 California - December 13th, 2009 [December 13th, 2009]
- cancun on thanksgiven - December 13th, 2009 [December 13th, 2009]
- On tour with Louise and Zane 46 students - December 13th, 2009 [December 13th, 2009]
- Hvad vi har lavet siden Gili - December 13th, 2009 [December 13th, 2009]
- Thailand Check. Laos here we come. - December 13th, 2009 [December 13th, 2009]
- Team America - December 13th, 2009 [December 13th, 2009]
- Tour Operator of Bangladesh Sundarbans Adventure Tour Package - December 13th, 2009 [December 13th, 2009]
- The Last Leg - December 13th, 2009 [December 13th, 2009]
- Dec 13 2009 - December 13th, 2009 [December 13th, 2009]
- Latest Border News - December 13th, 2009 [December 13th, 2009]
- The Wandering Soul’s Wander Tales - December 13th, 2009 [December 13th, 2009]
- Adventure Rob - December 13th, 2009 [December 13th, 2009]
- The Golden Papaya - December 13th, 2009 [December 13th, 2009]
- Support Passports with Purpose 2009 - December 13th, 2009 [December 13th, 2009]
- Vagabonding at 60 - December 13th, 2009 [December 13th, 2009]
- The Books that Inspired Us to Travel in 2009 - December 14th, 2009 [December 14th, 2009]
- Zululand drakensberg Lesotho and the wild coast - December 14th, 2009 [December 14th, 2009]
- The Beautiful Higlands - December 14th, 2009 [December 14th, 2009]
- Loch Ness to Inverness and Culloden - December 14th, 2009 [December 14th, 2009]
- Aqaba The Little Merman - December 14th, 2009 [December 14th, 2009]
- Royal Deeside and the Castle Trail - December 14th, 2009 [December 14th, 2009]
- Southward in the Rain to Glamis Castle and Crail - December 14th, 2009 [December 14th, 2009]
- Iguassu Falls - December 14th, 2009 [December 14th, 2009]
- Stirling Castle and Edinburgh - December 14th, 2009 [December 14th, 2009]
- Edinburgh Old Town - December 14th, 2009 [December 14th, 2009]
- Galapagos II - December 14th, 2009 [December 14th, 2009]
- El Chalten and Fitz Roy Massif - December 14th, 2009 [December 14th, 2009]
- Semuc Champey - December 14th, 2009 [December 14th, 2009]
- Mechanical Problems in Flight - December 14th, 2009 [December 14th, 2009]
- "ACDC Tour Budapest without a satnav" - December 14th, 2009 [December 14th, 2009]
- Liat Airlines Stay Away - December 14th, 2009 [December 14th, 2009]
- Bariloche - December 14th, 2009 [December 14th, 2009]
- Lundi Macon - December 14th, 2009 [December 14th, 2009]
- Planning Australia Tour in Best way - December 14th, 2009 [December 14th, 2009]
- Family Fun In Breckenridge Colorado - December 14th, 2009 [December 14th, 2009]
- 5 Weeks in Australia - December 14th, 2009 [December 14th, 2009]
- The Movies and Music that Inspired Us to Travel in 2009 - December 16th, 2009 [December 16th, 2009]
- A wonderful Japanes experience - December 16th, 2009 [December 16th, 2009]
- So traveling again to a new part of the world - December 16th, 2009 [December 16th, 2009]
- Kangaroo roo roo a pinapple shake a tree.... - December 16th, 2009 [December 16th, 2009]
- Cutting wedding cost in the depression - December 16th, 2009 [December 16th, 2009]
- Pineapple Farm - December 16th, 2009 [December 16th, 2009]
- South India Chennai Pondicherry Auroville... - December 16th, 2009 [December 16th, 2009]
- Back to Amarpurkashi Village Life... - December 16th, 2009 [December 16th, 2009]
- MIA - December 16th, 2009 [December 16th, 2009]
- The most northern of Thailand - December 16th, 2009 [December 16th, 2009]
- Photo's - December 16th, 2009 [December 16th, 2009]
- Trip to Marleshwar - December 16th, 2009 [December 16th, 2009]
- Season's Greetings from Berkeley - December 16th, 2009 [December 16th, 2009]
- Small hiccup - December 16th, 2009 [December 16th, 2009]
- Thailand Laos and Vietnam in Three Weeks - December 16th, 2009 [December 16th, 2009]
- On the road again - December 16th, 2009 [December 16th, 2009]
- Part Two The Map Part Way in Cabal - December 16th, 2009 [December 16th, 2009]
- Heading Back North - December 16th, 2009 [December 16th, 2009]