Ninth Circuit Rules Grandparents Exempt From Trump’s Travel Ban

Screen Shot 2017-06-01 at 10.49.25 AMThe Post originally Appears on the Recorder: The U.S. Court of Appeals for the Ninth Circuit ruled Thursday that family members of those in the United States, including grandparents and children-in-law, are exempt from President Donald Trump’s travel ban executive order.

The court on Thursday disagreed with the government’s argument that, under a June order from the U.S. Supreme Court, only parents and parents-in-law, spouses, children, siblings, engaged couples and step-relatives were exempt. The high court’s order stayed lower courts’ injunctions against the ban except with respect to people with “close familial relationship[s]” in the United States.

The Ninth Circuit’s opinion said the government “unreasonably interpret[ed] the Supreme Court’s reference to ‘close familial relationship[s].’”

“It is hard to see how a grandparent, grandchild, aunt, uncle, niece, nephew, sibling-in-law, or cousin can be considered to have no bona fide relationship with their relative in the United States,” the decision said.

Also at issue was whether “formal assurances” by some refugee resettlement agencies, in which they agree to work with certain refugees when they arrive in the United States, counts as a bona fide relationship. The court again sided with Hawaii, allowing those refugees to be exempt from the ban.

“Although the assurance is technically between the agency and the government, the government’s intermediary function does not diminish the bona fide relationship between the resettlement agency and the specific refugee covered by the assurance,” the decision said.

A Justice Department spokeswoman said the government will appeal the ruling to the Supreme Court.   READ MORE 



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