The memo, or cable, from U.S. Secretary of State Rex Tillerson was sent to all U.S. diplomatic posts overseas on Friday after a U.S. district judge in Hawaii issued a ruling late on Thursday limiting the scope of the administration's temporary ban on refugees and travellers from the six countries.
But U.S. District Judge Derrick Watson, a leftwing ideologue appointed by Barack Obama, decided again to interfere with the travel ban after Hawaii Attorney General Chin filed the request.
The Trump Administration further interpreted the phrase "close familial relationship" to include fiancé (e) s and parents- and children-in-law. He rejected a request to categorically exempt all Iraqis refugee applicants who believe they are at risk due to their work for the USA government since March, 2003, as interpreters and translators, for instance.
The Supreme Court last month cut a middle ground, ruling 9-0 that Mr. Trump did, in fact, use valid, wide-ranging powers to decide who should be excluded from the U.S. But the justices said in cases where a potential traveler has "close" ties to the U.S., either through family or a business or school relationship, the U.S. persons' rights must also be respected. "Indeed, grandparents are the epitome of close family members".
According to Judge Watson, the State Department did not correctly understand the order of the highest federal court. "That simply can not be", he added. The judge said that grandparents, aunts, grandchildren, uncles and other family relatives should be allowed into and out of the states.
Suspected LeT operative Salim Mukim Khan arrested from Mumbai Airport
It is alleged that he has been involved in anti-national activities for the last 10 years and may be even more than that. Khan is said to be part of a hawala network that transfers money to terror operative in India.
"Common sense, for instance, dictates that close family members be defined to include grandparents", Watson stated. "By this decision, the district court has improperly substituted its policy preferences for that of the Executive branch, defying both the lawful prerogatives of the Executive Branch and the directive of the Supreme Court".
In a statement, Attorney General Jeff Sessions said the new ruling has "undermined national security and created confusion". The DOJ has also asked the Supreme Court to clarify that original ruling. The government argues the link is too indirect to constitute a genuine close relationship required by the High Court's June 26 order.
The latest round in the fight over Trump's March 6 executive order, which he says is needed for national security reasons, came after the Supreme Court intervened last month to partially revive the two bans, which were blocked by lower courts.
In that ruling the justices sought to strike a middle ground balancing Mr. Trump's powers versus the rights of a select group of people in the U.S. Justice Department lawyers, though, said if Judge Watson is right, nearly everyone can continue to travel to the U.S. despite the ban. The administration appealed the ruling to the U.S. Supreme Court.
The Justice Department is seeking the stay with the appeals court while the Supreme Court considers the appeal of Watson's ruling.
