Trump's travel ban to head back to Supreme Court

Cheryl Sanders
July 18, 2017

The Trump administration is once again changing its policy on who can and can't come to the USA under its blanket ban on refugees and travelers from six Muslim-majority countries. "That simply can not be", he added. He said grandparents, uncles, aunts, nieces, nephews and even cousins all count as "close" family and can not be blocked from entering the U.S.

A Hawaii District Court judge said that such relatives of individuals living in the US should be considered as close relatives. He also called the original policy the "antithesis of common sense".

The Trump administration has appealed the Hawaii order to the Supreme Court saying that Watson's interpretation of the Supreme Court's ruling on what family relationships qualify refugees and visitors from the six Muslim-majority countries to enter the USA "empties the court's decision of meaning, as it encompasses not just "close" family members, but virtually all family members".

"That's what the district court correctly found and the attorney general's misleading attacks on its decision can't change that fact".

The July 14 cable updated the definition of "close family" that are exempt from the temporary travel ban laid down in Trump's March 6 executive order.

Sessions, however, said that "the district court has improperly substituted its policy preferences for that of the Executive branch, defying both the lawful prerogatives of the Executive Branch and the directive of the Supreme Court".

The district court has issued decisions that are entrusted to the Executive Branch, undermined national security, delayed necessary action, created confusion, and violated a proper respect for separation of powers.

"Posts should therefore reconsider and readjudicate a visa application refused exclusively based on the which the applicant contacts the consular section claiming to have a close family member that exempts them from the E.O. on the basis of the new guidance", according to the cable that Reuters obtained.

Previously, the State Department defined close relationships as limited to spouses, parents, parents-in-law, children, sons- and daughters-in-law, fiancés and siblings, as the agency claims that this has been set out in immigration law guidelines.

Justice Department lawyers argued in Friday night's motion that the justices should now clarify what they meant in June and, in the meantime, place an immediate freeze on the lower court's decision.

The news indicates the State Department will comply with the latest court ruling on the Trump administration's executive order preventing certain immigrants and refugees from obtaining visas to enter the country. "Treating all of these relationships as "close familial relationship (s)' reads the term 'close" out of the Court's decision". This well-intentioned item was misconstrued by critics (including a Seattle judge who ruled against it on February 3) as being "anti-Muslim", so it was removed from the second order. "Judge Watson's order renders the Supreme Court's decision all but a dead letter".

The Supreme Court allowed a scaled-back version of the travel ban to take effect last month.

Other reports by iNewsToday