“This Court declines to usurp the prerogative of the Supreme Court to interpret its own order”
The State of Hawaii sought an emergency ruling from the Hawaii federal judge whose original injunction against Trump Travel Order No. 2 was mostly overturned by the Supreme Court.
We covered the emergency request in our post, Hawaii seeks injunction against Trump admin interpretation of SCOTUS Travel Order ruling. The main issue was how the Trump administration was applying the test the Supreme Court established for who would be exempt from the blanket country-wide prohibition on visa entry.
The Supreme Court reinstated substantially all of Trump’s Travel Order No. 2, but the Supreme Court carved out an exception for people who have a “bona fide” relationship to the U.S. Such persons could not be subjected to a blanket, country-wide prohibition from entering the U.S. (emphasis added):
We accordingly grant the Government’s stay applications in part and narrow the scope of the injunctions as to §2(c). The injunctions remain in place only with respect to parties similarly situated to Doe, Dr. Elshikh, and Hawaii. In practical terms, this means that §2(c) may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States. All other foreign nationals are subject to the provisions of EO–2….
The Government’s application to stay the injunction with respect to §§6(a) and (b) is accordingly granted in part. Section 6(a) may not be enforced against an individual seeking admission as a refugee who can credibly claim a bona fide relationship with a person or entity in the United States. Nor may §6(b); that is, such a person may not be excluded pursuant to §6(b), even if the 50,000-
person cap has been reached or exceeded. As applied to all other individuals, the provisions may take effect.The Trump administration issued a new rule, in light of the Supreme Court ruling, defining “bona fide” relationships as:
Parents, spouses, children, siblings, fiancés and sons- or daughters-in-law are approved relationships.
Grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law, sisters-in-law and other extended family are not accepted as “close family.”
Via LI