Ninth Circuit Court Rules Against Trump and in Favor of Refugees who Have Agency Relationship

The Recorder reports on the Ninth Circuit Appeals Court ruling as follows, noting the Court sided with the Hawaii decision: The U.S. Court of Appeals for the Ninth Circuit ruled Thursday that family members of those in the United States, including grandparents and children-in-law, are exempt from President Donald Trump’s travel ban executive order.The court on Thursday disagreed with the government’s argument that, under a June order from the U.S. Supreme Court, only parents and parents-in-law, spouses, children, siblings, engaged couples and step-relatives were exempt.

The high court’s order stayed lower courts’ injunctions against the ban except with respect to people with “close familial relationship[s]” in the United States.The Ninth Circuit’s opinion said the government “unreasonably interpret[ed] the Supreme Court’s reference to ‘close familial relationship[s]."

“It is hard to see how a grandparent, grandchild, aunt, uncle, niece, nephew, sibling-in-law, or cousin can be considered to have no bona fide relationship with their relative in the United States,” the decision said.

Good news for Refugees already in resettlement process with agency relationships:

Also at issue was whether “formal assurances” by some refugee resettlement agencies, in which they agree to work with certain refugees when they arrive in the United States, counts as a bona fide relationship. The court again sided with Hawaii, allowing those refugees to be exempt from the ban:

“Although the assurance is technically between the agency and the government, the government’s intermediary function does not diminish the bona fide relationship between the resettlement agency and the specific refugee covered by the assurance,” the decision said.

A Justice Department spokeswoman said the government will appeal the ruling to the Supreme Court.

Further: “Refugees’ lives remain in vulnerable limbo during the pendency of the Supreme Court’s stay,” the decision said. “Refugees have only a narrow window of time to complete their travel, as certain security and medical checks expire and must then be reinitiated.

Even short delays may prolong a refugee’s admittance. LGBTI Refugees with a Relationship with African Human Rights Coalition - please contact us here with any questions: nathan@AfricanHRC.org READ FULL ARTICLE HERE

UPDATED September 13, 2012. Temporary reversal: This week, the U.S. Supreme Court reversed, temporarily, the 9th U.S. Circuit Court of Appeals’ decision to once again, open our borders to refugees in need. Because of the Supreme Court’s decision thousands of refugees needlessly remain in great danger. In the original appeals court ruling, the judges found that, due to the government’s narrow interpretation of the Supreme Court ruling, ‘Refugees remain in vulnerable limbo’ and are ‘gravely imperiled.’ Last night’s decision, unfortunately, further endangers this already extremely vulnerable population. It is important to note that this ruling is not a final decision. Soon the United States Supreme Court (SCOTUS) will consider the whether Donald Trump’s travel and refugee ban is legal. To date, Courts all across the USA have ruled against these bans and suspensions. We at African HRC are trusting that SCOTUS will agree and rule the bans unlawful, putting the matter to rest, and thus in favor of our American values in welcoming refugees.

African Human Rights Coalition is working hard in preparing for any eventuality with regard to assistance for LGBTQI refugees caught up in the quagmire that the Trump administration has created. Kindly assist us in our quest with your kind donation at: http://www.africanhrc.org/donate

© 2015 African Human Rights Coalition

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