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  1. #1
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    Trump Travel Ban Stalled Again as Hawaii Judge Faults U.S. Moves

    Trump Travel Ban Stalled Again as Hawaii Judge Faults U.S. Moves

    By Kartikay Mehrotra
    Fri Jul 14 2017 02:56:25 GMT-0400 (Eastern Daylight Time) Fri Jul 14 2017 09:17:22 GMT-0400 (Eastern Daylight Time)





    • Judge rules that enforcement of order ‘defies common sense’
    • U.S. Justice Department likely to appeal federal court ruling



    Prince Jonah Kuhio Kalanianaole Federal Building

    Photographer: Bruce Omori/EPA
    A federal judge in Hawaii ruled that the Trump administration didn’t conform with the Supreme Court’s instructions in rolling out its temporary travel ban.

    The decision means many people covered by the government’s restrictions would be allowed to enter the U.S. In an order issue late Thursday, U.S. District Judge Derrick Watson in Honolulu said the government shouldn’t limit entry for visa applicants from six mostly Muslim nations and refugees worldwide to only those with members of their nuclear family already living in the U.S. The Justice Department may appeal the decision over what counts as a “bona fide” relationship.

    Watson has already stopped two previous versions of the president’s executive order from being enforced. This time, the ruling halts the president’s edict, which could cause further confusion among U.S. customs officials at points of entry. The ruling is a victory for opponents of the administration’s immigration agenda.

    The Justice Department defended its definition of “close family ties” in court filings, saying it followed the Supreme Court’s June 26 filing in excluding grandparents, aunts, uncles and others consistent with the Immigration and Nationality Act. The government urged Watson to defer to the Supreme Court.
    “In sum, the government’s definition of ‘close familial relationship’ is not only not compelled by the Supreme Court’s June 26 decision, but contradicts it," Watson stated in his written order. “Equally problematic, the government’s definition represents the antithesis of common sense. Common sense, for instance, dictates that close family members be defined to include grandparents.”

    Justice Department spokeswoman Nicole Navas declined to immediately comment on Watson’s ruling, saying a statement is likely to be issued later Friday.

    Separated, Suffering


    Hawaii Attorney General Douglas Chin, a Democrat who filed the case, said he would continue to prepare for a hearing before the Supreme Court.

    “The federal court today makes clear that the U.S. government may not ignore the scope of the partial travel ban as it sees fit," Chin said in an emailed statement. “Family members have been separated and real people have suffered enough. Courts have found that this executive order has no basis in stopping terrorism and is just a pretext for illegal and unconstitutional discrimination.”

    The Supreme Court said it will hear the administration’s appeal of lower-court orders blocking the ban from taking effect in its next nine-month session starting in October. Meanwhile, the court allowed the restrictions to take effect, with caveats, five months after the initial lawsuits challenging the president’s original order.

    Because of the temporary nature of the 90-day ban, it isn’t clear exactly what will be left for the justices to decide in October. One possibility is that Trump could issue a new executive order once officials complete their review of vetting procedures for immigrants.

    When the nine-member Supreme Court partially revived the travel ban on June 26, justices Clarence Thomas, Samuel Alito and Neil Gorsuch said they would have let the entire ban take effect immediately. Thomas warned that the definition of bona fide relationships would open the door to a “flood of litigation” as U.S. customs and border officials wrestle with whether travelers from the six countries have sufficient ties.

    The case is State of Hawaii v. Trump, 17-cv-00050, U.S. District Court, District of Hawaii (Honolulu).

    https://www.bloomberg.com/news/artic...p-s-travel-ban



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  2. #2
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    The move deals a temporary blow to one of the president’s signature initiatives. | AP Photo

    Hawaii judge allows grandparents and others to bypass travel ban


    By TED HESSON
    07/14/2017 12:32 AM EDT


    A federal judge in Hawaii ordered the Trump administration on Thursday to allow grandparents, grandchildren, aunts, uncles and other relatives of people in the U.S. to circumvent the travel ban policy, dealing a temporary blow to one of the president’s signature initiatives.
    In an order issued Thursday evening local time in Honolulu, Judge Derrick Watson also prohibited the administration from blocking refugees with a commitment from a resettlement agency in the U.S., a move that could revive the flow of refugee admissions this year.

    The decision was a victory for opponents of the travel ban, who hoped to broaden the universe of people who could bypass the president’s policy, which temporarily bars travelers from six majority-Muslim nations and suspends the refugee resettlement program.

    The Supreme Court issued an order on June 26 that allowed the embattled measure to go into effect, but included the caveat that affected travelers with “bona fide” ties to a person or entity in the U.S. should not be subject to the ban.

    While the high court offered some guidance, it didn’t specifically list the categories of people or entities who might qualify as “bona fide.” When the Trump administration implemented the policy with a narrow definition that excluded grandparents and grandchildren, among others, advocates moved to take legal action.

    In the realm of refugee resettlement, the administration stood by the contention that a connection to a resettlement agency alone would not meet the criteria to avoid the ban.

    Judge Watson disagreed with those interpretations, however, and said the government’s guidance contradicted the Supreme Court’s order.

    “Common sense, for instance, dictates that close family members be defined to include grandparents,” he wrote. “Indeed, grandparents are the epitome of close family members. The Government’s definition excludes them. That simply cannot be.”

    The federal judge added that a refugee with a commitment from a resettlement agency met the standard for a “bona fide” relationship spelled out in the Supreme Court order.

    “It is formal, it is a documented contract, it is binding, it triggers responsibilities and obligations, including compensation, it is issued specific to an individual refugee only when that refugee has been approved for entry by the Department of Homeland Security, and it is issued in the ordinary course, and historically has been for decades,” he wrote.

    “Bona fide does not get any more bona fide than that.”

    Neither the State Department nor Homeland Security Department immediately responded to a request for comment.

    On Twitter, an attorney for the plaintiffs, the state of Hawaii and a local imam, celebrated the momentary legal win, which could be met with appeals by the federal government.

    “Sweeping victory in #hawaiivstrump just now,” wrote Neal Katyal, going on to quote the order. “Court: ‘The government's definition represents the antithesis of common sense.’”

    http://www.politico.com/story/2017/07/14/hawaii-judge-allows-grandparents-travel-ban-240543

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    Federal Judge To Trump: Grandpas Are Family Too

    ED MORRISSEYPosted at 9:21 am on July 14, 2017



    And grandmas, uncles, aunts, and cousins as well. After the Ninth Circuit practically begged him to do so, federal judge Derrick Watson expanded the definition of familiar relationships in Donald Trump’s so-called “travel ban.” Whether that will pass muster with the Supreme Court, which had already set up its own parameters on the question, remains to be seen:

    A federal judge in Hawaii has put new limits on the Trump administration’s travel ban on people from six mostly Muslim countries, allowing travel for grandparents, grandchildren, and other family members of people in the United States.

    U.S. District Court Judge Derrick Watson’s order Thursday prevents the administration from enforcing the travel ban against grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews and cousins.

    In his ruling, Watson took aim at how the administration defines a close familial relationship, writing, “[T]he Government’s definition represents the antithesis of common sense. Common sense, for instance, dictates that close family members be defined to include grandparents. Indeed, grandparents are the epitome of close family members. The Government’s definition excludes them. That simply cannot be.”


    While some celebrated the Ninth Circuit’s decision last week to deny Hawaii’s emergency motion to block the SCOTUS-approved ban from being implemented, they missed a key part of the order. The court correctly ruled that they no longer had the jurisdiction to “clarify” the Supreme Court’s order, as had Watson in district court earlier. However, the final paragraph of their order last week practically invited them to file another complaint that would allow Watson to interpret the Supreme Court decision as they wanted:


    Finally, we note that although the district court may not have authority to clarify an order of the Supreme Court, it does possess the ability to interpret and enforce the Supreme Court’s order, as well as the authority to enjoin against, for example, a party’s violation of the Supreme Court’s order placing effective limitations on the scope of the district court’s preliminary injunction.Cf. United States v. El-O-Pathic Pharmacy, 192 F.2d 62, 79–80 (9th Cir. 1951). But Plaintiffs’ motion before the district court was clear: it sought clarification of the Supreme Court’s June 26 order, not injunctive relief. Because the district court was not asked to grant injunctive relief or to modify the injunction, we do not fault it for not doing so.


    The only thing lacking here is the wink-wink, nudge-nudge that normally accompanies such subtle approaches. It didn’t take long for the plaintiffs to refile their challenge on the basis of defining familial relationships, allowing Watson — who authored one of the injunctions against the EO earlier this year — to take the hint from the Ninth Circuit.

    Whether this holds up with the Supreme Court is another matter — assuming that the Trump administration bothers to challenge it. Their per curiam decision limited the ban to people who could not credibly claim a “bona fide relationship with a person or entity in the United States,” but didn’t define the closeness necessary for the exception. The specific case in which they ruled dealt with a Syrian mother-in-law of an American citizen who had been denied entry, and ruled that the relationship qualified as both credible and close. The order also extended beyond familial relationships:

    The facts of these cases illustrate the sort of relationship that qualifies. For individuals, a close familial relationship is required. A foreign national who wishes to enter the United States to live with or visit a family member, like Doe’s wife or Dr. Elshikh’s mother-in-law, clearly has such a relationship. As for entities, the relationship must be formal, documented, and formed in the ordinary course, rather than for the purpose of evading EO–2. The students from the designated countries who have been admitted to the University of Hawaii have such a relationship with an American entity. So too would a worker who accepted an offer of employment from an American company or a lecturer invited to address an American audience. Not so someone who enters into a relationship simply to avoid §2(c): For example, a nonprofit group devoted to immigration issues may not contact foreign nationals from the designated countries, add them to client lists, and then secure their entry by claiming injury from their exclusion.


    The addition of familial relation categories by Watson will clearly pass muster with the Ninth Circuit. It’s clearly why they wrote the last paragraph of their order. Will the Trump administration challenge it? Probably, but the tenor of the Supreme Court decision hints that they may end up losing the argument there, too. If enrollees at the University of Hawaii have a close enough relationship to an American entity for exceptions to the ban, it’s going to be very tough to convince them that grandparents, uncles, aunts, cousins, nieces, and nephews don’t.

    http://hotair.com/archives/2017/07/14/federal-judge-trump-grandpas-family/?utm_source=hadaily&utm_medium=email&utm_campaign= nl

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    The United States of Hawaii! Hawaiian Obama Judge Halts Travel Ban

    By
    S. Noble -

    July 14, 20171


    The Obama judge in Hawaii has halted the travel ban. He seems to think he has the right to defy the President and the Supreme Court of the United States.
    In his ruling, U.S. District Judge Derrick Watson diluted Trump’s travel ban expanding the list of family relationships with U.S. citizens that visa applicants can use to enter the U.S. He ordered the government not to bar grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews and cousins of American citizens from coming into the U.S.

    “Common sense, for instance, dictates that close family members be defined to include grandparents,” Watson said in his ruling. “Indeed grandparents are the epitome of close family members.”

    Who is this man to demand the U.S. follow his directives? We are living under judicial tyranny. Thank Obama the Marxist.
    Watson’s ruling broadens the definition of “bona fide” relationship–one that the Trump administration had previously defined as including parents, spouses, fiances, sons, daughters, son-in-laws, daughter-in-laws, and siblings.

    Trump must not let this man define “bona fide” relationships. This is the province of the President with powers awarded him by Congress.

    Marxists are redefining the United States.


    The dangerous resettlement agencies


    Next comes the worst part. In the Thursday ruling, the judge also determined that the government may not exclude refugees who already have formal assurance and promise of placement services from a resettlement agency in the U.S.

    That’s everyone! The resettlement agencies allow everyone into the country. Furthermore, and this should concern everyone, we have the U.N. and foreigners picking the refugees out.

    This man needs to be impeached but the Republican Party won’t do it.



    https://www.independentsentinel.com/...ts-travel-ban/


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