A federal judge has denied Hawaii’s request to clarify the scope of the Supreme Court’s lifting of the blockade against President Trump’s travel ban.
The ruling Thursday evening by U.S. District Judge Derrick Watson leaves in place the Trump administration’s rules regarding what classes of people to exempt from the travel ban.
Trump’s ban, implemented by a revised executive order, sought to prevent nationals from six Muslim-majority countries — Iran, Libya, Somalia, Sudan, Syria, and Yemen — from entering the U.S. for 90 days and some refugees from all countries for 120 days.
In agreeing to hear the travel ban litigation in its October term, the Supreme Court lifted holds on the executive order required by the 4th and 9th circuit courts of appeals.
Specifically, the high court allowed the Trump administration to block these travelers unless they have a “bona fide relationship with the U.S.” The Trump administration defined “bona fide relationship” to mean close family members only: parents, spouses, siblings, children, and engaged partners.
It would block entry of grandparents, grandchildren, aunts, uncles, nieces, nephews and cousins from the six countries.
Hawaii then argued in federal court that the Trump administration’s interpretation of “bona fide relationship” was too narrow, contending that “the government intended to violate the Supreme Court’s instruction.”
The Trump administration countered that its decision about how to implement the ban was compatible with the Immigration and Nationality Act and “hews closely to the categorical determinations articulated by Congress.”
Watson, who originally ruled to block the travel ban, said in his Thursday decision that Hawaii should bring its challenge of the Trump administration’s definition of “bona fide relationship” to the Supreme Court.
“The clarification to the modifications that the parties seek should be more appropriately sought in the Supreme Court,” Watson wrote.
Hawaii Attorney General Doug Chin did not say how the state will proceed.
“While we understand Judge Watson’s direction to address our request to the United States Supreme Court, we must evaluate that against the normal course of order as it relates to appeals and the clarification of injunctions,” Chin said in a statement. “Whatever course it takes, we will get this resolved. The scope of the travel and refugee bans badly needs to be resolved and not just according to the Trump Administration’s interpretation.”
