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Politics Feds appeal judge's travel ban ruling to Supreme Court

14:30  16 july  2017
14:30  16 july  2017 Source:   ap.org

U.S. judge rejects Hawaii's bid to exempt grandparents from Trump travel ban

  U.S. judge rejects Hawaii's bid to exempt grandparents from Trump travel ban A U.S. judge on Thursday rejected the state of Hawaii's bid to exempt grandparents from President Donald Trump's temporary travel ban, but he said the state could directly ask the U.S. Supreme Court to clarify its ruling. U.S. District Judge Derrick Watson in Honolulu had been asked to interpret a ruling from the U.S. Supreme Court that revived parts of Trump's March 6 executive order banning people from six Muslim-majority countries for 90 days.The highest court let the ban go forward with a limited scope, saying it could not apply to anyone with a credible "bona fide relationship" with a U.S. person or entity.

In its appeal Friday night, the Justice Department said Watson' s interpretation of the Supreme Court ' s ruling on what family relationships qualify refugees and visitors from the six Muslim-majority Only the Supreme Court can decide these issues surrounding the travel ban , the Justice Department said.

A federal judge in Hawaii further weakened the already-diluted travel ban Thursday, July 13, 2017, by vastly expanding the list of U. S On Saturday, the U. S . Justice Department asked the Ninth Circuit Court of Appeals to put Watson’ s ruling on hold while the Supreme Court considers its appeal .

FILE - In this July 6, 2017, file photo, Ali Said, of Somalia, center, waits at a center for refugees with his two sons in San Diego. Said, whose leg was blown off by a grenade, says he feels unbelievably lucky to be among one of the last refugees allowed into the United States before stricter rules were to kick in as part of the Trump administration's proposed travel ban. A federal judge in Hawaii further weakened the already-diluted travel ban Thursday, July 13, 2017, by vastly expanding the list of U.S. family relationships that visitors from six Muslim-majority countries can use to get into the country. (AP Photo/Gregory Bull, File)© The Associated Press FILE - In this July 6, 2017, file photo, Ali Said, of Somalia, center, waits at a center for refugees with his two sons in San Diego. Said, whose leg was blown off by a grenade, says he feels unbelievably lucky to be among one of the last refugees allowed into the United States before stricter rules were to kick in as part of the Trump administration's proposed travel ban. A federal judge in Hawaii further weakened the already-diluted travel ban Thursday, July 13, 2017, by vastly expanding the list of U.S. family relationships that visitors from six Muslim-majority countries can use to get into the country. (AP Photo/Gregory Bull, File)

WASHINGTON — The Trump administration is seeking to close a legal window opened for tens of thousands of refugees to enter the United States, appealing a federal judge's order directly to the Supreme Court.

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WASHINGTON (AP) — The Trump administration is seeking to close a legal window opened for tens of thousands of refugees to enter the United States, appealing a federal judge ' s order directly to the Supreme Court .

A second federal appeals court has ruled against his revised travel ban .CreditAl Drago/The New York Times. But the appeals court narrowed the injunction issued by Judge Watson in a significant way.

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U.S. District Judge Derrick Watson had ordered the government to allow in refugees formally working with a resettlement agency in the United States. His order also vastly expanded the list of U.S. family relationships that refugees and visitors from six Muslim-majority countries can use to get into the country, including grandparents and grandchildren.

In its appeal Friday night, the Justice Department said Watson's interpretation of the Supreme Court's ruling on what family relationships qualify refugees and visitors from the six Muslim-majority countries to enter the U.S. "empties the court's decision of meaning, as it encompasses not just 'close' family members, but virtually all family members. Treating all of these relationships as 'close familial relationship(s)' reads the term 'close' out of the Court's decision."

Hawaii seeks halt to Trump travel ban while legal challenge unfolds

  Hawaii seeks halt to Trump travel ban while legal challenge unfolds The state of Hawaii asked a federal appeals court on Friday to issue an emergency order blocking parts of President Donald Trump's temporary travel ban while the state seeks clarification over which parts of the ban can take effect. The U.S. Supreme Court last month let the ban on travel from six Muslim-majority countries go forward with a limited scope, saying it could not apply to anyone with a credible "bona fide relationship" with a U.S. person or entity.

As challenges to President Trump’ s latest travel ban move forward, the Supreme Court dismissed a challenge to an earlier executive order. The administration may seek to revisit Judge Watson’ s ruling now that the Ninth Circuit’ s decision has been vacated.

A federal appeals court ruled Friday against President Trump’ s latest travel ban , saying that it “exceeds the scope of his delegated authority,” but that it was ultimately for the Supreme Court to decide.

Only the Supreme Court can decide these issues surrounding the travel ban, the Justice Department said. "Only this Court can definitively settle whether the government's reasonable implementation is consistent with this Court's stay," it said.

On Saturday, the U.S. Justice Department asked the Ninth Circuit Court of Appeals to put Watson's ruling on hold while the Supreme Court considers its appeal.

The long, tangled legal fight is expected to culminate with arguments before the nation's high court in October.

Watson's ruling could help more than 24,000 refugees already vetted and approved by the United States but barred by the 120-day freeze on refugee admissions, said Becca Heller, director of the International Refugee Assistance Project, a resettlement agency.

"Many of them had already sold all of their belongings to start their new lives in safety," she said. "This decision gives back hope to so many who would otherwise be stranded indefinitely."

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Trump administration seeks additional Supreme Court ruling on travel ban after federal judge issues an order favorable to refugees.

WASHINGTON (AP) — The Trump administration is seeking to close a legal window opened for tens of thousands of refugees to enter the United States, appealing a federal judge ' s

Citing a need to review its vetting process to ensure national security, the administration capped refugee admissions at 50,000 for the 12-month period ending Sept. 30, a ceiling it hit this week.

The federal budget can accommodate up to 75,000 refugees, but admissions have slowed under Trump, and the government could hold them to a trickle, resettlement agencies say.

"Absolutely this is good news for refugees, but there's a lot of uncertainty," said Melanie Nezer, spokeswoman for HIAS, a resettlement agency. "It's really going to depend on how the administration reacts to this."

Attorney General Jeff Sessions had said the administration would ask the Supreme Court to weigh in, bypassing the San Francisco-based 9th U.S Circuit Court of Appeals, which has ruled against it in the case.

The Supreme Court allowed a scaled-back version of the travel ban to take effect last month.

"Once again, we are faced with a situation in which a single federal district court has undertaken by a nationwide injunction to micromanage decisions of the co-equal executive branch related to our national security," Sessions said. "By this decision, the district court has improperly substituted its policy preferences for the national security judgments of the executive branch in a time of grave threats."

Trump administration to appeal travel ban ruling to Supreme Court

  Trump administration to appeal travel ban ruling to Supreme Court The Trump administration will appeal to the Supreme Court to block a U.S. district judge's ruling on President Donald Trump's temporary travel and refugee ban, U.S. Attorney General Jeff Sessions said on Friday. The ruling by U.S. District Judge Derrick Watson in Honolulu said the ban on travelers from six Muslim-majority countries cannot stop grandparents and other relatives of U.S. citizens from entering the country, and also opened the door for more refugees to enter.

A federal judge in Hawaii further weakened the already-diluted travel ban Thursday, July 13, 2017, by vastly expanding the list of U. S . family relationships that visitors from six Muslim-majority countries can use to get into The Trump administration is appealing the decision directly to the Supreme Court .

Donald Trump has pledged to appeal against a federal judge ' s order placing an immediate halt on his revised travel ban . The president said he would take the case "as far as it needs to go," including to the Supreme Court , in order to get a ruling that the ban is legal.

The administration took a first step by filing a notice of appeal to the 9th Circuit, allowing it to use a rule to petition the high court directly. There was no timetable for the Supreme Court to act, but the administration sought quick action to clarify the court's June opinion.

The justices now are scattered during their summer recess, so any short-term action would come in written filings.

The administration has lost most legal challenges on the travel ban, which applies to citizens of Syria, Sudan, Somalia, Libya, Iran and Yemen.

The Supreme Court's ruling exempted a large swath of refugees and travelers with a "bona fide relationship" with a person or an entity in the U.S. The justices did not define those relationships but said they could include a close relative, a job offer or admission to a college or university.

The Trump administration defined the relationships as people who had a parent, spouse, fiance, son, daughter, son-in-law, daughter-in-law or sibling already in the U.S.

Watson enlarged that group to include grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews and cousins.

Hawaii Attorney General Douglas S. Chin, who sought the broader definition, said Thursday's ruling "makes clear that the U.S. government may not ignore the scope of the partial travel ban as it sees fit."

"Family members have been separated and real people have suffered enough," Chin said.

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Spagat reported from San Diego. Associated Press writers Julie Watson in San Diego, Jennifer Sinco Kelleher in Honolulu, Sudhin Thanawala in San Francisco and Sadie Gurman and Mark Sherman in Washington contributed to this report.

Justices urged to reject Trump plea to tighten travel ban .
Opponents of President Donald Trump's ban on refugees and visitors from six mostly Muslim countries are urging the Supreme Court to leave in place a federal judge's order that would relax restrictions on entry into the United States. The lead challengers say in a high court filing Tuesday that the administration's argument in favor of a broader travel ban that excludes grandparents and grandchildren is "nonsense." Up to 24,000 refugees could be affected by the Supreme Court's decision.

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