Hawaii Urges US Top Court Not to Lift Trump Refugee Ban Curbs

The Ninth Circuit 'Resistance'


After lower federal appeals courts blocked the ban, the Supreme Court ruled it could be implemented, but only if it did not bar travel by anyone with a "bona fide" connection to the U.S. The court did not define what constitutes a bona fide U.S. relationship.

In a unanimous decision, the Ninth Circuit upheld a lower court's decision on Friday in Hawaii v. Trump, allowing extended family members as well as certain refugees to enter the United States.

US President Donald Trump's travel ban on several predominantly Muslim countries has had a major restriction lifted by the country's Supreme Court.

The Supreme Court on Monday temporarily put the 9th U.S. Circuit Court of Appeals ruling on hold, allowing the halt on refugee admissions to take effect while it evaluates arguments from both sides.

The government immediately appealed the order to the Ninth Circuit and simultaneously asked the Supreme Court to stop the District Court's decision from taking effect.

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In June, the Supreme Court said in a provisional ruling the ban can be enforced pending arguments scheduled before the court in October.

Hawaii - along with a vast array of civil rights, human rights and refugee groups that have filed friend-of-the-court briefs - argues the estimated 24,000 refugees "bona fide" right to entry under the Supreme Court's June decision.

The Ninth Circuit also rejected the government's argument that allowing 24,000 refugees with formal assurances to enter would defeat the goal of the Supreme Court's stay decision, noting that there were another 175,000 refugees now in processing who would still be banned from entry. The judge also determined that refugees from the six countries who already had been accepted for resettlement by a sponsoring agency should be able to enter the U.S.

"If a refugee does not arrive in the United States, or is delayed in arriving, the agency will lose the money and resources it has already expended in preparing for arrival, including securing rental housing, buying furniture, and arranging for basic necessities", the judges said.

The Justice Department opted not to appeal another part of last Thursday's ruling that related to Trump's ban on travelers from the six countries. But the original 90-day ban on entries from the mostly Muslim countries will have ended by then.

Trump's travel ban sparked chaos at airports across the U.S. earlier this year after mass confusion over whether travellers from the likes of Iraq and Syria would be allowed to board flights or not. Hawaii argues that violates the First Amendment's Establishment Clause, prohibiting the establishment of religion by the government.


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