Arkansas Democrat-Gazette

Judges probe travel ban’s close-kin rule

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SEATTLE — A government lawyer faced questions Monday from three federal appeals court judges over who should be allowed into the U.S. under President Donald Trump’s travel ban.

In June, the U.S. Supreme Court said the president’s 90-day ban on visitors from Iran, Libya, Somalia, Sudan, Syria and Yemen can be enforced pending arguments scheduled for October, as long as those visitors lack a “bona fide relationsh­ip with a person or entity in the United States,” such as a close family relationsh­ip.

The government interprete­d such relations as including immediate family members and in-laws, but it excluded grandparen­ts, cousins, aunts and uncles. A judge in Hawaii overruled that interpreta­tion, expanding the definition of who can enter. The administra­tion appealed that order to the 9th U.S. Circuit Court of Appeals, which heard arguments in Seattle on Monday.

Judge Ronald Gould asked “from what universe” the government got the idea that grandparen­ts don’t constitute a close family relationsh­ip. Judge Richard Paez questioned why a parent-in-law would be allowed in, but not a grandparen­t.

Justice Department lawyer Hashim Mooppan said parentsin-law are only one step removed from the family unit, while a grandparen­t or grandchild is more than one step removed. He said the government wasn’t disputing that people could have a profound connection to their grandparen­ts, but said the administra­tion was relying on a standard set by Congress.

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