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Immigration Law

CA9 on Travel Ban: Hawaii v. Trump (Sept. 7, 2017)

Hawaii v. Trump, Sept. 7, 2017 - "We are asked to review the district court’s modified preliminary injunction, which enjoins the Government from enforcing Executive Order 13780 against (1) grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States; and (2) refugees who have formal assurances from resettlement agencies or are in the U.S. Refugee Admissions Program (“USRAP”) through the Lautenberg Amendment.

For the reasons that follow, we conclude that in modifying the preliminary injunction to preserve the status quo, the district court carefully and correctly balanced the hardships and the equitable considerations as directed by the Supreme Court in Trump v. International Refugee Assistance Project, 137 S. Ct. 2080, 2088 (2017), and did not abuse its discretion. We affirm.

... In sum, the district court did not err in rejecting the Government’s restricted reading of the Supreme Court’s June 26, 2017 stay ruling and in modifying the injunction to prohibit enforcement of the Executive Order against grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States. Denying entry to these foreign nationals would burden persons in the United States “by reason of that party’s relationship with the foreign national.” Trump, 137 S. Ct. at 2088."