U.S. judge rejects Hawaii's bid to exempt
grandparents from Trump travel ban
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[July 07, 2017]
By Dan Levine
(Reuters) - A U.S. judge rejected Hawaii's
bid to exempt grandparents from President Donald Trump's temporary
travel ban on Thursday, but ruled that the state could ask the U.S.
Supreme Court directly to clarify which parts of the order should take
effect.
U.S. District Judge Derrick Watson in Honolulu had been asked to
interpret a ruling from the U.S. Supreme Court that revived parts of
Trump's March 6 executive order banning people from six Muslim-majority
countries for 90 days.
The highest court let the ban go forward with a limited scope, saying it
could not apply to anyone with a credible "bona fide relationship" with
a U.S. person or entity.
Trump said the measure was necessary to prevent extremist attacks.
However, opponents including states and refugee advocacy groups sued to
stop it, disputing its security rationale and saying it discriminated
against Muslims.
Watson said in Thursday's ruling he "declines to usurp the prerogative
of the Supreme Court to interpret its own order."
Hawaii said late on Thursday it would appeal against Watson's ruling to
the 9th U.S. Circuit Court of Appeals in San Francisco, according to a
court filing.
The Justice Department said in a statement it was pleased with the
ruling.
"We are confident that the U.S. Supreme Court will again vindicate the
president and his constitutional duty to protect the national security
of the United States," it said.
The government said after last month's Supreme Court ruling that a "bona
fide relationship" meant close family members only, such as parents,
spouses, fiancés, siblings and children.
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Grandparents, grandchildren, aunts, uncles, nieces, nephews and
cousins from Iran, Libya, Somalia, Sudan, Syria and Yemen would
still be banned.
The state of Hawaii asked Watson last week to clarify the Supreme
Court's ruling, arguing the government's definition of "bona fide
relationship" was too narrow.
Justice Department lawyers said its definition "hews closely" to
language found in U.S. immigration law, while Hawaii's attorney
general's office said other parts of immigration law included
grandparents as close family.
The government reversed its position on fiancés before the ban went
into effect last week, saying they could also qualify for
exceptions.
The roll-out of the narrowed version of the ban was more subdued
last week compared to January, when Trump first signed a more
expansive version of the order. That sparked protests and chaos at
airports around the country and the world.
(Reporting by Dan Levine in San Francisco; Editing by Peter Cooney
and Paul Tait)
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