30 Jun 2017
Expert Predicts More Litigation Over Trump Travel Ban 2.0
Laura Jarrett and Elise Labott, CNN, June 30, 2017 - "After months of winding through the courts, the so-called "watered-down," revised version of President Donald Trump's fiercely litigated travel ban finally went into effect at 8 p.m. ET Thursday. Less than an hour before the ban was slated to begin, an emergency motion was filed in federal court by the state of Hawaii, which contests the Trump administration's plan to exclude certain categories of foreign nationals that the state believes are allowed to enter the country under existing court rulings. ... The new guidelines provide that applicants must prove a relationship with a parent, spouse, finacee, child, adult son or daughter, son-in-law, daughter-in-law or sibling in the US in order to enter the country. Other family members -- including grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law, sisters-in-law, and any other "extended" family members will not be considered "close family" under the executive order. For several hours on Thursday -- prior to the executive order going into effect -- administration officials had provided guidance that fiancees would not be considered "bona fide" relationships, but later reversed course, and fiancees are now exempt just like spouses. The State Department criteria applies not only to visa applicants, but also to all refugees currently awaiting approval for admission to the US. Senior administration officials further confirmed despite any ambiguity in the Supreme Court's decision, a refugee resettlement organization's "assurance" or relationship to a prospective refugee will not be considered sufficiently close or bona fide for protection under the administration's interpretation of the revised executive order. ... The Trump administration's narrow reading of what constitutes a "bona fide" relationship has already elicited at least one challenge in court. Late Thursday, Hawaii filed an emergency motion asking the federal district court judge who originally blocked implementation of the travel ban in March to "clarify as soon as possible that the Supreme Court meant what it said," and issue an order confirming that the court orders do not allow the Trump administration to exclude grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews and cousins of persons in the United States. Experts say more legal battles are on the way, given the way the Trump administration has decided to interpret the Supreme Court's ruling. "I predict more litigation as people challenge visa denials under these new instructions," said Cornell Law School Professor Stephen Yale-Loehr. "Why can a stepsister visit the United States but not a grandmother?" "
