Appeals court won’t weigh in on travel ban rules
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Appeals court won’t weigh in on travel ban rules

  • BRUCE ASATO / BASATO@STARADVERTISER.COM

    Hawaii Attorney General Doug Chin and representatives from the Muslim Association of Hawaii, ACLU, Japanese American Citizens League, Friends of Civil Rights and Amnesty International held a news conference regarding the latest developments today at the Attorney General’s office on June 30. The state this morning filed a motion with the Ninth Circuit Court of Appeals to review the scope of the travel and refugee bans.

Update 1:45 p.m.

The 9th U.S. Circuit Court of Appeals dismissed Hawaii’s attempt to challenge Trump administration rules for a travel ban on citizens from six majority-Muslim countries, saying that it doesn’t have jurisdiction to address the issue.

Hawaii objected to the government omitting grandparents, aunts and uncles, and other relatives of someone in the U.S. from the list of people who can still travel to the country.

A federal judge denied Hawaii’s request to clarify who is exempt, saying the question would be better posed to the Supreme Court. The state then appealed to the 9th Circuit.

The justices said a close family relationship or ties to a business in the U.S. was required to enter the country.

“Today’s Ninth Circuit ruling makes clear that Judge Watson does possess the ability to interpret and enforce the Supreme Court’s order, as well as the authority to enjoin against a party’s violation of the Supreme Court’s order placing effective limitations on the scope of the district court’s preliminary injunction. We appreciate the Ninth Circuit for ruling so quickly and will comply,” said Attorney General Doug Chin in a statement.

Previous coverage

State Attorney General Doug Chin today made good on his word to appeal to a higher court after a federal judge in Honolulu denied the state’s emergency motion on President Donald Trump’s partial travel ban.

The state this morning filed a motion with the 9th Circuit Court of Appeals to review the scope of the travel and refugee bans after U.S. District Judge Derrick K. Watson on Thursday declined to grant Hawaii’s motion for clarification.

Watson had put President Donald Trump’s revised travel ban on hold in March, and the justices partially reinstated it last month.

“Every day that passes is a day when our government is turning away human beings — from newborn children to elderly grandparents — whom the injunction requires to be admitted,” attorneys for Hawaii said in their filing with the 9th Circuit.

The justices said the president’s 90-day ban on visitors from Iran, Libya, Somalia, Sudan, Syria and Yemen could be enforced pending arguments set for October if a visitor lacks a “credible claim of a bona fide relationship with a person or entity in the United States.”

The court’s majority said a close family relationship in the U.S. was required to enter the country and a spouse or mother-in-law would clearly be permitted.

The Trump administration has said the exemption would apply to parents, spouses, sons, daughters, sons-in-law, daughters-in-law, fiances or siblings.

“Many felt the balance struck by the Supreme Court was nuanced and fairly reasonable, but the Trump administration has flouted the Supreme Court’s order from the start,” Hawaii Attorney General Douglas Chin said in a statement. “What happens in the next several weeks matters a lot if the administration is not subject to the checks and balances of the courts.”

A U.S. Department of Justice spokeswoman said the agency did not immediately have comment.

Appeal to Ninth Circuit Court of Appeals regarding Hawaii v. Trump by Honolulu Star-Advertiser on Scribd

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