The legal challenge was filed by the state on behalf of a Hawaiian Imam. According to the Politico, which obtained a copy of the motion, Hawaii has contested the Trump administration’s definition of a familial relationship.
Trump’s revised guidelines allowed new visa applicants from the six Muslim-majority countries originally listed to be exempt if they could prove a “close” family member was already living in the U.S.
According to the Associated Press, grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, fiancés, brothers and sisters-in-law were not included in the State Department’s definition of family member.
Hawaii has requested that the Supreme Court explain its ruling that people with “bona fide” connections to the U.S. should be allowed to enter, claiming that the Trump administration’s definition of familial ties is too narrow.
The filing reads:
The Government does not have discretion to ignore the Court’s injunction as it sees fit. The State of Hawaii is entitled to the enforcement of the injunction that it has successfully defended, in large part, up to the Supreme Court — one that protects the State’s residents and their loved ones from an illegal and unconstitutional Executive Order.
This Court should clarify as soon as possible that the Supreme Court meant what it said, and that foreign nationals that credibly claim connections with this country cannot be denied entry under the President’s illegal Order.
If a federal judge rules that the State Department’s guidelines contradict the Supreme Court’s ruling, it will be yet another defeat for Trump’s monstrous attempt at banning Muslims from entering the country.