Interpretation of the news based on evidence, including data, as well as anticipating how events might unfold based on past events

Analysis Interpretation of the news based on evidence, including data, as well as anticipating how events might unfold based on past events

In In a move that verged on willful defiance of the Supreme Court ruling , the Trump administration decided that such relationships as being the grandparent, uncle, or aunt of a US resident do not count as a “close familial relationship,” despite the fact that the Supreme Court indicated that being a mother-in-law of a US resident is sufficient. The administration also barred refugees with formal assurances of resettlement assistance from American refugee sponsorship organizations.

On the question of close familial relationships, the administration’s position is virtually indefensible. As the Ninth Circuit puts it:

The Government does not meaningfully argue how grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States can be considered to have “no connection” to or “lack any bona fide relationship” with persons in the United States…. Stated simply, the Government does not offer a persuasive explanation for why a mother-in-law is clearly a bona fide relationship, in the Supreme Court’s prior reasoning, but a grandparent, grandchild, aunt, uncle, niece, nephew, or cousin is not.

The Ninth Circuit also does an excellent job of explaining why the administration’s efforts to justify its position by analogy to various federal immigration statutes make little sense.

On the refugee question, the appellate court endorses Judge Watson’s conclusion that a formal assurance from a sponsoring organization clearly meets the Supreme Court’s requirement that a “bona fide” connection with a US entity must be one that is “formal, documented, and formed in the ordinary course.” Judge Watson effectively On the refugee question, the appellate court endorses Judge Watson’s conclusion that a formal assurance from a sponsoring organization clearly meets the Supreme Court’s requirement that a “bona fide” connection with a US entity must be one that is “formal, documented, and formed in the ordinary course.” Judge Watson effectively summarized the issue as follows

An assurance from a United States refugee resettlement agency, in fact, meets each of the Supreme Court’s touchstones: it is formal, it is a documented contract, it is binding, it triggers responsibilities and obligations, including compensation, it is issued specific to an individual refugee only when that refugee has been approved for entry by the Department of Homeland Security, and it is issued in the ordinary course, and historically has been for decades… Bona fide does not get any more bona fide than that.

It is possible that the administration will now appeal this issue to the Supreme Court. But any such appeal might soon be moot because the Court will soon hear the original cases against the travel ban order, on the merits. Moreover, most of the travel ban order is only intended to last for 90 days, and that time period is now nearly at an end in any event. By my count, 85 days have already passed since the Supreme Court’s June 13 ruling allowed the president’s order to partially go into effect. The refugee ban, however, is supposed to run for 120 days, so that part of the June 13 ruling will remain relevant for a longer period of time.

If the Supreme Court does review the Ninth Circuit decision applying the June 13 ruling, it would be extremely surprising if it endorsed the administration’s extremely weak position on the issue of grandparents and other relatives. Although the administration’s arguments on the the refugee question are only modestly stronger, they might have some chance of prevailing, because the Supreme Court did If the Supreme Court does review the Ninth Circuit decision applying the June 13 ruling, it would be extremely surprising if it endorsed the administration’s extremely weak position on the issue of grandparents and other relatives. Although the administration’s arguments on the the refugee question are only modestly stronger, they might have some chance of prevailing, because the Supreme Court did temporarily stay Judge Watson’s ruling on that part of the case, before sending it back to the Ninth Circuit

Overall, the Ninth Circuit ruling is a notable victory for the plaintiffs challenging the travel ban – and for the affected grandparents and refugees!