Lawyers for Hawaii took their plea over President Donald Trump’s so-called “travel ban” to the 9th U.S. Circuit Court of Appeals on Friday, asking for an emergency ruling that would make grandparents and other relatives exempt from the restrictions.
“The District Court was simply incorrect,” the state said, when it ruled that Hawaii should have asked the Supreme Court to clarify its June 26 ruling that allowed the government to begin partially enforcing the executive order. Friday’s motion urged the appeals court to act quickly.
“Every day that passes is a day when our government is turning away human beings — from newborn children to elderly grandparents — whom the injunction requires to be admitted,” the state said.
The Trump administration has not yet responded to the motion.
Hawaii sought to limit the scope of the partially restored executive order, which would restrict entry to the United States for 90 days of people from six predominantly Muslim nations.
On Thursday, U.S. District Judge Derrick Watson declined to clarify the Supreme Court’s order that allowed parts of the executive order to be implemented, writing that, “Because Plaintiffs seek clarification of the June 26, 2017 injunction modifications authored by the Supreme Court, clarification should be sought there, not here.”
Caleb Jones / AP File
The Supreme Court in June also agreed to take up government appeal of
lower court rulings which had blocked implementation of Trump’s executive order.
The executive order is a revised version of Trump’s first order, which was blocked by a federal judge. The revised order calls for a 90-day ban on issuing visas to citizens of Iran, Sudan, Syria, Libya, Somalia and Yemen who want to come to the U.S. But unlike the first executive order, this one does not apply to anyone who has already obtained a valid visa.
The definitions announced by the State Department on June 29 said parents, parents-in-law, spouses, fiancés, children, and children-in-law would be exempt from the ban on visas.
Grandparents, aunts, uncles, cousins, nieces, nephews and siblings-in-law are currently subject to the ban.