Thursday, June 29, 2017

As Travel Ban 2.0 Goes Into Effect, Scramble To Understand Its Scope


President Trump's travel ban will go into effect at the top of the hour.

Yesterday, the Department of State issued a cable explaining how it ought to be interpreted and enforced. In particular, the DOS offered guidance on the issue of how to determine if an individual has or lacks, in the words of the Supreme Court “a bona fide relationship with a person or entity in the United States.”

In paragraph 10(a) of that cable, the DOS indicated that an applicant has a "bona fide relationship with a person" only if there is a "close familial relationship." And in paragraph 11, "close familial relationship" is further defined as: 

a parent (including parent-in-law), spouse, child, adult son or daughter, son-in-law, daughter-in-law, sibling, whether whole or half. This includes step relationships. “Close family” does not include grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-laws and sisters-in-law, fiancés, and any other “extended” family members.

Any guesses on where the first lawsuits challenging this narrow definition will come from?


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