Saturday, July 8, 2017

Muslim travel ban upheld, judge defers to SCOTUS ruling

U.S. DISTRICT Judge Derrick Kahala Watson punted, thus allowing Donald Trump's narrowed down travel ban to stay in place for the 90 days it will remain in effect.

U.S. District Judge Derrick Watson
When the Supreme Court allowed part of the Muslim ban to proceed last week, the ambiguity of the order was left to the Trump administration to define "bona fide" relations, who would be allowed to enter the country.

Under the ban, people from the six Muslim-majority nations that are impacted by the ban who sought new visas need to have either a 'close relationship' with a family member – parent, spouse, son, daughter, son-in-law, daughter-in-law or sibling – or an entity such as a business within the United States.
The guidelines do not include grandparents, grandchildren, aunts, uncles and other extended family.

Judge Watson wrote Thursday (July 7) afternoon: “Because Plaintiffs seek clarification of the June 26, 2017 injunction modifications authored by the Supreme Court, clarification should be sought there, not here.”

Though Watson deferred clarifying the definition given by the Trump administration, Chin said the Hawaiian judge hadn't ruled on the merits of the request for a clarification, and suggested the state could pursue further legal action. "Whatever course it takes, we will get this resolved," he said in a written statement.

Hawaii has filed an appeal.

In most Asian families, the definition of immediate family differs from the western view of family. In many Asian cultures, the grandparents, aunts, uncles and cousins are considered immediate family. Having them live in the same household is not unusual.

By the time the 90-day order expires, the U.S. Supreme Court will agreed to llisten to arguments to the constitutionality of the executive order.