Los Angeles Times

Judges reject move to modify travel ban

A 9th Circuit panel denies Hawaii’s appeal to broaden definition of who may enter U.S.

- jaweed.kaleem @latimes.com

The U.S. 9th Circuit Court of Appeals on Friday rejected a request from the state of Hawaii to expand the number of people who can bypass President Trump’s travel ban, dealing one of the main challenger­s to the president’s executive order two court losses in two days as it fights to minimize the ban’s effect on travelers.

The order from the appeals court came a day after a Honolulu-based federal district judge denied the same request, saying he would not “usurp” Supreme Court orders that had revived a limited version of the travel ban.

In its order, a panel of three 9th Circuit judges said they “do not fault” the Hawaii judge for rejecting the state’s claim against how the ban is being implemente­d.

The judges suggested that the ban’s challenger­s made a technical mistake in their filing in Honolulu when they asked U.S. District Judge Derrick Watson to “clarify” the Supreme Court’s instructio­ns on the ban, instead of asking for “injunctive relief or to modify the injunction” of the travel ban.

The 9th Circuit judges — Michael Hawkins, Ronald Gould and Richard Paez, all appointed by President Clinton, a Democrat — had previously refused to reinstate the ban in June before the Supreme Court took over the case.

In his order Thursday, Watson said those challengin­g the ban needed to go to the Supreme Court to get clarificat­ion on whether the government is appropriat­ely implementi­ng it.

But in its appeal to the 9th Circuit, the state of Hawaii said Watson was “simply incorrect.”

At issue is which refugees and visitors to the United States can sidestep the ban — and how to determine whether such people have “close” relatives living in the United States or are associated with the country in other ways that let them bypass the ban.

Although Trump’s executive order halts travel by nationals of six majorityMu­slim countries and refugee resettleme­nt from all places, it provides exceptions for those with what the Supreme Court called “bona fide” connection­s with the United States, such as a parent, spouse, child, adult son or daughter, son-in-law, daughter-in-law, sibling, fiance or fiancee, and parentsin-law.

But the administra­tion blocked grandparen­ts, grandchild­ren, aunts, uncles, nieces, nephews, cousins, and brothers- and sisters-in-law. Travel ban challenger­s asked Watson to force the government to count all of those categories as bona fide U.S. connection­s.

Ban opponents also argue that a resettleme­nt group’s interactio­ns with a refugee constitute a bona fide relationsh­ip. The administra­tion argues otherwise.

The Trump administra­tion indicated after the Hawaii judge’s order that it was celebratin­g another court win after a series of losses over the travel ban.

“If the plaintiffs elect to proceed, we are confident that the U.S. Supreme Court will again vindicate the president and his constituti­onal duty to protect the national security of the United States,” the Justice Department said in a statement Thursday.

The ban, which puts a three-month pause on travel to the United States by nationals of Syria, Sudan, Somalia, Libya, Iran and Yemen and a four-month halt to all refugee resettleme­nt, had been blocked by federal judges since an original version of it was signed in January.

Those judges included Watson, who ruled against the ban in a case filed by Hawaii in March. Trump administra­tion losses in that case and another filed in a Maryland federal court were upheld in the 9th Circuit and 4th Circuit appellate courts before requests were made to the Supreme Court to rule on the constituti­onality of the ban.

On June 26, the Supreme Court said the ban could be put back into place with exceptions. The court suggested its move was a compromise before it heard full arguments on Trump’s executive order in the fall.

“We are now in the middle of a 90-day partial travel ban. The Trump administra­tion has reserved the option to extend or even expand the travel ban at the end of it. Many felt the balance struck by the Supreme Court was nuanced and fairly reasonable, but the Trump administra­tion has flouted the Supreme Court’s order from the start,” Hawaii Atty. Gen. Douglas Chin said in a statement after the state filed its appeal. “What happens in the next several weeks matters a lot if the administra­tion is not subject to the checks and balances of the courts.”

Hawaii and other travel ban opponents argue that the ban unconstitu­tionally discrimina­tes against Muslims and is part of the president’s campaign promise to suspend all Muslim immigratio­n. The Trump administra­tion says the president is acting within his power to ensure national security while the government develops better vetting procedures for travelers from the countries, which it says have ties to terrorism.

 ?? George F. Lee Honolulu Star-Advertiser By Jaweed Kaleem ?? U.S. DISTRICT JUDGE Derrick Watson said those challengin­g the travel ban need to go to the Supreme Court to get clarificat­ion on how to implement it.
George F. Lee Honolulu Star-Advertiser By Jaweed Kaleem U.S. DISTRICT JUDGE Derrick Watson said those challengin­g the travel ban need to go to the Supreme Court to get clarificat­ion on how to implement it.

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