President Donald Trump ban on refugees and travellers from six Muslim-majority countries; US Appeals Court.
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| Grandparents and other relatives of people living in the US cannot be barred from entering under President Donald Trump's travel ban, a judge has ruled.
Donald Trump's administration vowed Friday to appeal to the Supreme
Court after a federal judge dealt a fresh setback to the president's ban on travellers
from six mainly Muslim countries and refugees as unfairly excluding the
grandparents and grandchildren of people living in the United States.
Attorney General Jeff Sessions, in a strongly-worded statement
announcing the appeal, accused the Hawaii court of having "undermined
national security, delayed necessary action, created confusion and violated a
proper respect for separation of powers."
He charged the lower court had "improperly substituted its policy
preferences for the national security judgments of the executive branch in a
time of grave threats, defying both the lawful prerogatives of the executive
branch and the directive of the Supreme Court."
It was unclear how quickly the Supreme Court now in summer recess but
able to act on emergency motions might be able to respond, and when or if the
expanded terms set by the Hawaii judge might take effect. If they do, thousands
of potential travellers could be affected.
The travel ban, which the administration insists is necessary to keep
violent extremists out of the country, has faced a series of judicial
roadblocks from lower courts.
But the administration gained partial satisfaction in June when the
Supreme Court ruled that it could proceed with its plan to prohibit the entry
of some people from countries deemed dangerous, while still allowing visits by
people with "a credible claim of a bona fide relationship with a person or
entity in the United States."
The Supreme Court's ruling allowed a 90-day ban on visitors from Iran,
Libya, Somalia, Sudan, Syria and Yemen, and a 120-day ban on refugees to come
into force, with exceptions for those people with "bona fide"
relationships.
That June 29 ruling, which capped months of legal wrangling, left
unclear the question of just who had such a "credible claim." The
Trump administration then provided a list defining that category as including
parents, spouses, children, sons- and daughters-in-law, siblings and step- or
half-siblings.
But the Hawaii judge, Federal Judge Derrick Watson ruled that the
administration's criteria unfairly exclude grandparents and grandchildren.
The decision late Thursday thus expanded the exceptions to the ban,
ordering that the list include grandparents, grandchildren, brothers-in-law,
sisters-in-law, aunts, uncles, nieces, nephews and cousins of people in the
United States.
- Common sense -
Watson said the government's "narrowly defined list finds no
support in the careful language of the Supreme Court or even in the immigration
statutes on which the government relies."
"Common sense, for instance, dictates that close family members is
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 judge also ruled that refugees who have assurances of a placement by
an agency in the United States should be exempt.
White House Homeland Security Adviser Tom Bossert told journalists the
ruling seemed "fairly broad," adding that he would be troubled
"if it was as broad as reported."
The original ban, announced days after Trump became president on January
20, was successfully challenged in lower courts on the grounds that it
overstepped Trump's presidential authority and discriminated against Muslims in
violation of the US constitution. A revised version also did not pass legal
muster.
Judges in lower courts had cited Trump's repeated statements during the
presidential campaign that he intended to ban Muslims from entering the United
States.
People have suffered enough
Douglas Chin, attorney general for the state of Hawaii, which filed the
lawsuit against the Trump administration, welcomed the Thursday ruling.
"The federal court today makes clear that the US government may not
ignore the scope of the partial travel ban as it sees fit," said Chin.
"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."
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