Thread: Federal Judge Denies Hawaii’s Motion on Trump’s ‘Travel Ban’

Federal Judge Denies Hawaii’s Motion on Trump’s ‘Travel Ban’

Jul 6 2017, 10:37 pm ET
by Phil Helsel

A federal judge in Hawaii has rejected a motion filed by that state seeking to limit the scope of President Donald Trump's so-called travel ban, parts of which were cleared to be implemented by the U.S. Supreme Court.

U.S. District Judge Derrick Watson said in a ruling Thursday in Honolulu that the Supreme Court is the proper venue to deal with the issue.

Hawaii argued that the government's plan for enforcing the executive order wrongly excluded grandparents and other relatives from the list of close family members who would still be able to get visas to travel to the United States during the 90 days while the executive order is in force. Government lawyers argued against broadening exceptions, as sought by Hawaii and others.

The U.S. Supreme Court ruled on June 26 that the administration could begin enforcing part the executive order until it makes a final ruling. The high court also agreed to take up the government's appeal of lower-court rulings which had blocked implementation of Trump's executive order.

"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 in Thursday's ruling.

Hawaii was one of the federal courts that blocked implementation of the travel order, which would limit for 90 days entry to the United States of those from six predominantly Muslim nations.

Critics claim that Trump's executive order is a "Muslim ban." Trump has claimed that the order is to protect Americans from terrorism.

Trump issued a second, revised order after the first one was blocked by a federal judge in Seattle and after the 9th U.S. Court of Appeals refused to reinstate it.

The revised order calls for a 90-day ban on issuing visas to citizens of Iran, Sudan, Syria, Libya, Somalia and Yemen who want to come to the U.S. But unlike the first executive order, this one does not apply to anyone who has already obtained a valid visa.

Grandparents, aunts, uncles, cousins, nieces, nephews and siblings-in-law would be subject to the ban.

The executive order also imposes a 120-day ban on refugees who have no "bona fide relationship" with an entity or person in the United States.

http://www.nbcnews.com/news/us-news/...el-ban-n780366

Good!! Hawaii, it's time to tell your Goofy AG to sit down and shut up.

US judge in Hawaii leaves Trump's travel ban rules in place

Associated Press Thursday, July 06, 2017
HONOLULU — A federal judge in Hawaii on Thursday left Trump administration rules in place for a travel ban on citizens from six majority-Muslim countries.

U.S. District Court Judge Derrick Watson denied an emergency motion filed by Hawaii asking him to clarify what the U.S. Supreme Court meant by a "bona fide" relationship in its ruling last month.

The Supreme Court ruled the administration could mostly enforce its travel ban, but said those "with a credible claim of a bona fide relationship with a person or entity in the United States" could enter.

Watson says the relationship question would be better posed to the Supreme Court, not him.

"This court will not upset the Supreme Court's careful balancing and 'equitable judgment,'" Watson said in his order.

Hawaii attorney general Doug Chin objected to the administration's omission of grandparents, aunts and uncles from its list of people meeting the definition of a close relationship.

The Trump administration has said the exemption to the ban would apply to citizens of the six countries with a parent, spouse, child, adult son or daughter, son-in-law, daughter-in-law or sibling already in the U.S.

The U.S. Department of Justice said in an emailed statement that it was pleased with the decision.

"If the plaintiffs elect to proceed, 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," the department said.

Hakim Ouansafi, president of the Muslim Association of Hawaii, said he respects Watson's ruling but thinks there will be more opportunities to ensure the ban does not exclude grandparents and others close family members.

"We will have people directly affected by this, for sure," Ouansafi said. "When you exclude that many people, the circle is much wider."

In March, Watson blocked the ban on travelers from Syria, Sudan, Somalia, Libya, Iran and Yemen in response to a lawsuit by the state of Hawaii that argued the policy discriminates against Muslims.

Watson said there was "significant and unrebutted evidence of religious animus" behind the ban, which prevents new visas for people from the six countries and suspends the nation's refugee program. The administration appealed to the San Francisco-based 9th U.S. Circuit Court of Appeals, which largely upheld Watson's injunction.

The U.S. Supreme Court said the president's ban on visitors from the six countries can be enforced pending arguments scheduled for October, as long as those visitors lack a "credible claim of a bona fide relationship with a person or entity in the United States." Likewise, the justices said, refugees can travel to the U.S. if they demonstrate those connections.

The high court's majority laid out the "bona fide" relationships it had in mind. For individuals, a close family relationship is required: A spouse or a mother-in-law would be permitted. So would a worker who accepted a job from an American company, a student enrolled at a U.S. university or a lecturer invited to address a U.S. audience.

A relationship created for purposes of avoiding the travel ban would not be bona fide, the justices said.

___

Associated Press writers Sudhin Thanawala in San Francisco and Caleb Jones in Honolulu contributed to this report.

http://www.bostonherald.com/news/nat...rules_in_place

Stop wasting the courts time with frivolous lawsuits!

Exactly!!