A federal judge in Honolulu has agreed to consider an emergency request from state Attorney General Douglas Chin to clarify who can and cannot be excluded from President Donald Trump’s partial travel ban on foreign nationals from six mostly Muslim countries.
U.S. District Judge Derrick K. Watson has given the federal government until Monday to file legal papers in opposition to Chin’s request. He has given the state until Thursday to file papers in response.
Watson has not scheduled a hearing on the matter and may issue a ruling without one.
Chin made the emergency request for clarification Thursday, the first day the federal government started enforcing the 90-day ban. He said he is asking for clarification because he thinks the government is including in the ban people whom the U.S. Supreme Court did not intend to include when it gave its OK for a partial ban.
“The U.S. Supreme Court, when they were describing what should constitute somebody who could come into the United States, I don’t think they meant to establish the strict standards of a stepsister is allowed to come in but a grandmother is not,” he said.
When the nation’s highest court said Monday that it would hear the government’s appeal of Watson’s injunction blocking Trump’s entire ban, it said the government, in the meantime, can deny entry of citizens from Iran, Libya, Somalia, Sudan, Syria and Yemen who do not have a “bona fide” relationship with a person or entity in the United States.
For entities, the Supreme Court said the relationship must be formal, documented and formed in the ordinary course and not just to skirt the travel ban. For persons, the relationship must be a close familial one.
Just hours before the ban took effect, the State Department posted guidelines on its website that said parents and children (including in-laws), spouses and siblings (including half and step-siblings) are excluded from the ban. The guidelines posted Thursday included in the ban grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, fiances and brothers- and sisters-in-law.
On Friday some changes appeared in the guidelines, including listing fiances as close family members who are excluded from the ban.
Chin said it appears the government is “laboring to try to come up with an appropriate standard, and perhaps the better route is just to have the court set it out for us.”
Immigrant and refugee advocate group representatives joined Chin in a press conference Thursday to discuss the emergency request.
Muslim Association of Hawaii President Hakim Ouansafi said including grandparents and grandchildren in the ban is vindictive.
“I don’t think anybody in their right mind would not consider grandma and grandpa as close family members,” he said.