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Federal Judge Limits Trump Administration Travel Ban Enforcement Rules

Shard

XBLAnnoyance
https://www.buzzfeed.com/chrisgeidn...n-travel-ban?utm_term=.gwPEQJYWEP#.kv1QzkNOQX


The federal judge in Hawaii who initially put President Trump's revised travel and refugee ban on hold on Thursday placed limits on the administration's recent rules enforcing a limited version of that ban.

The US Supreme Court allowed a portion of Trump's March 6 executive order to go into effect in a June 26 ruling. Hawaii, though, had argued that the federal government's interpretation of the Supreme Court's ruling — which exempted those with a "bona fide relationship" with people or entities in the US from being banned — was too narrow.

The federal government cannot use the executive order to "exclude grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States," US District Judge Derrick Watson ruled, agreeing with Hawaii.

Watson also placed additional restrictions on which potential refugees can be excluded under the order.
 

DrSlek

Member
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Government confuses the shit out of me...but this is good either way. I just don't understand the process. It went to SC, then Federal was able to change things still?
 

Zolo

Member
I don't disagree that this should be included, but I guess the reasoning would be that it would be hard to prove? Not sure what kind of documentation you would need for all these family relationships

Yeah. If we're talking simply about close relationships, then people have friends they're closer to than family, but you don't really have the paperwork for it.
 

devilhawk

Member
I don't disagree that this should be included, but I guess the reasoning would be that it would be hard to prove? Not sure what kind of documentation you would need for all these family relationships
I don't believe that fiance visas are easy to get anyways. Seems it would be a subjective call by the immigration official. A roommate and I would have similar proof of photos together and the same address. It would then come down to third parties vouching that the relationship exists. Grandparents, cousins, etc., are far easier relationships to prove with documentation.
 
Government confuses the shit out of me...but this is good either way. I just don't understand the process. It went to SC, then Federal was able to change things still?

The Supreme Court partially lifted the injunction on enforcing the order and imposed certain conditions. This federal court has now more expansively defined those conditions to include family members (which I wager the SC knew would happen anyway).

The Supreme Court won't hear the actual case until later this year.
 

aaaaa0

Member
Government confuses the shit out of me...but this is good either way. I just don't understand the process. It went to SC, then Federal was able to change things still?

The Supreme Court allowed the order to take effect, but said that the order should not apply to anyone with a "bona fide relationship" to someone in the US.

However, they didn't define what exactly "bona fide relationship" meant. "bona fide" legally just means "in good faith", as in someone not lying or trying to fake a relationship, or using a relationship to break the law, etc.

So the Trump administration defined it to "exclude grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States".

Then an attorney in Hawaii sued and basically argued "that can't possibly be what the Supreme Court intended as the meaning of 'bona fide relationship'".

The judge on the Federal Court in Hawaii agreed, and the result is that the Trump administration can't interpret "bona fide relationship" to exclude those relationships. So now either this ruling stays, or the Trump administration challenges it to the Supreme Court again, and the SC will have to clarify what they meant by "bona fide relationship" or decline to hear and allow the lower court ruling to stand.
 

S-Wind

Member
Why IS all of this coming from Hawaii and not necessarily some other Democratic state?

Hawaii has the fewest White people of all the states.

White people, more than any demographic voted for Trump.

Minorities are trying to clean up the mess White people created - as usual.
 

Makonero

Member
Hawaii has the fewest White people of all the states.

White people, more than any demographic voted for Trump.

Minorities are trying to clean up the mess White people created - as usual.
As a white person, please let me say: thank you, minorities. I will stand by you and do my part but thank you for fighting the good fight.
 
Of course, Sessions taking it to the Supreme Court...

DEtwqnfXYAEpCs7.jpg:large


So the SCOTUS has to decide if a grandparent is a "close family member" or a "bona fide" relationship. Gee, that's a toughy!

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Appealing "directly" to the Supreme Court isn't quite so direct.

Brent Kendall‏Verified account
@brkend

Hmm. AG Sessions says DOJ will take new Hawaii travel ban ruling to SCOTUS, but DOJ just filed papers saying it will appeal to 9th Circuit.
 
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