La Oferta

March 27, 2023

Trump will ask Supreme Court to overturn new travel-ban ruling

Demonstrators gather to protest against US President Trump’s travel ban executive orders, outside of the international arrivals terminal at Philadelphia International Airport in Philadelphia, Pennsylvania, USA, 29 January 2017. President Trump issued an executive order on 27 January barring entry to people from seven Muslim majority countries for 90 days, as well as an indefinite block of Syrian refugees. EFE

Washington, Jul 14 (EFE).- The US Justice Department said Friday that it will ask the Supreme Court to reverse a ruling by a federal judge in Hawaii that the administration’s definition of close family in allowing exemptions to President Donald Trump’s ban on US entry for residents of six Muslim-majority countries is too narrow.

“(W)e will now reluctantly return directly to the Supreme Court to again vindicate the rule of law and the Executive Branch’s duty to protect the nation,” Attorney General Jeff Sessions said in a statement.

Last month, the Supreme Court set aside injunctions issued by federal appellate courts and said that portions of Trump’s March 6 executive order could take effect.

That document barred citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen from entering the US for 90 days and excluded all refugees for 120 days.

In allowing the order to take effect, the Supreme Court said that the restrictions could not be applied to people with “a credible claim of a bona fide relationship” with a person or entity in the United States.

Under the Trump administration guidelines, spouses, parents, parents-in-law, children, sons-in-law and daughters-in-law, fiances and siblings of those already in the country can be admitted. But grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law and sisters-in-law are excluded.

Attorney General Jeff Sessions, along with other law enforcement officials, announces the results from their annual national health care fraud takedown at the Department of Justice in Washington, DC, USA, 13 July 2017. They said it was the largest criminal health care takedown in US history. EFE

Thursday’s ruling by the judge in Hawaii struck down those exclusions.

“Common sense, for instance, dictates that close family members be defined to include grandparents,” US District Judge Derrick Watson found. “Indeed, grandparents are the epitome of close family members. The government’s definition excludes them. That simply cannot be.”

Besides expanding the definition of close family, Watson said that the government could not prohibit entry by refugees assured of placement in the United States by recognized refugee agencies.

The judge said that such assurances constituted a bona fide relationship with a US entity.

Sessions, however, said that “the district court has improperly substituted its policy preferences for that of the Executive branch, defying both the lawful prerogatives of the Executive Branch and the directive of the Supreme Court.”

“The district court has issued decisions that are entrusted to the Executive Branch, undermined national security, delayed necessary action, created confusion, and violated a proper respect for separation of powers,” the attorney general said.