{"id":83073,"date":"2017-07-24T21:30:04","date_gmt":"2017-07-25T01:30:04","guid":{"rendered":"http:\/\/madisoncountycourier.com\/?p=83073"},"modified":"2017-07-23T16:33:13","modified_gmt":"2017-07-23T20:33:13","slug":"schneiderman-leads-new-brief-in-travel-ban-case","status":"publish","type":"post","link":"https:\/\/madisoncountycourier.com\/?p=83073","title":{"rendered":"Schneiderman leads new brief in travel ban case"},"content":{"rendered":"

\"\"<\/a>16 Attorneys General File Amicus Brief Opposing Trump Administration\u2019s Stay Application, Following Hawaii District Court Ruling That The Travel Ban Cannot Be Applied To Grandparents And Close Relatives Of U.S. Residents<\/em><\/span><\/p>\n

July 18, New York Attorney General Eric Schneiderman, leading a coalition of sixteen Attorneys General, filed a new amicus brief in the Hawaii travel ban litigation, opposing the Trump administration\u2019s application to stay last week\u2019s district court decision that the ban should not prevent grandparents and other close relatives of United States residents from entering the country.<\/p>\n

\u201cGrandparents are family \u2013 and the courts agreed,\u201d said\u00a0Attorney General Eric Schneiderman. \u201cAttorneys General will continue to do what it takes to protect those we serve \u2013 and ensure that families are not torn apart by President Trump\u2019s unconstitutional, unlawful, and un-American ban.\u201d<\/p>\n

In June, the United States Supreme Court held that nationwide injunctions entered against the travel ban by two courts should remain in place with respect to persons having a \u201cbona fide\u00a0relationship with a person or entity in the United States,\u201d including persons having a \u201cclose familial relationship\u201d to a United States resident. Earlier this month, Hawaii filed a motion in\u00a0State of Hawaii and Ismail Elshikh v. Donald Trump, et al.\u00a0to clarify the scope of the remaining injunction in that case, supported by a coalition of Attorneys General. While the district court and the Ninth Circuit Court of Appeals declined for procedural reasons to address that motion, the Ninth Circuit observed that Hawaii could seek injunctive relief from the district court on the question of how \u201cclose familial relationship\u201d can be defined.\u00a0<\/p>\n

Last week, the plaintiffs filed a motion seeking, among other things, to enforce the district court\u2019s preliminary injunction,\u00a0supported by an amicus brief led by the same coalition of Attorneys General<\/a>\u00a0\u2013 who argued that the Trump administration too narrowly interpreted \u201cclose familial relationship.\u201d On Thursday, the district court partly granted the plaintiffs\u2019 motion, interpreting the term \u201cclose familial relationship\u201d to include grandparents and other close relatives beyond the nuclear family.<\/p>\n

Click here to read the full amicus brief<\/a>,\u00a0which was signed by New York, California, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.<\/p>\n

\u201cThe federal government\u2019s cramped view of what counts as a \u2018close familial relationship\u2019 is also contradicted by both common experience and decades of social science research,\u201d the Attorneys General wrote.<\/p>\n

\u201cAmici have a strong interest in plaintiffs\u2019 challenge to this Executive Order because many of its provisions have threatened\u2014indeed, have already caused\u2014substantial harm to our residents, communities, hospitals, universities, and businesses while courts continue to adjudicate the Order\u2019s lawfulness. The nationwide preliminary injunction initially entered by the district court in this case, along with the nationwide injunction entered in\u00a0Trump v. IRAP, substantially mitigated the harm threatened by the Order. And this Court\u2019s decision to leave important aspects of those injunctions in place continues to provide critical protection to the state interests endangered by the Order.\u00a0Accordingly, the amici States have a strong interest in ensuring that the protection provided by the remaining portions of the injunction is not diminished by an interpretation that is inconsistent with the meaning and purpose of this Court\u2019s directives.\u201d<\/p>\n

\u201cIn sum, the balance of the equities here tips decidedly in favor of denying the federal government\u2019s request for a stay. While defendants have identified no appreciable harm that the district court\u2019s July 13 order will cause to the federal government\u2019s interests during the brief period for which the Order will be effective, a stay of the July 13 order would allow irreparable harm to be imposed on the amici States and our residents. The status quo should be preserved while this litigation continues,\u201d the Attorneys General concluded.<\/p>\n","protected":false},"excerpt":{"rendered":"

16 Attorneys General File Amicus Brief Opposing Trump Administration\u2019s Stay Application, Following Hawaii District Court Ruling That The Travel Ban Cannot Be Applied To Grandparents And Close Relatives Of U.S. Residents July 18, New York Attorney General Eric Schneiderman, leading a coalition of sixteen Attorneys General, filed a new amicus brief in the Hawaii travel […]<\/p>\n","protected":false},"author":2,"featured_media":70131,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_hide_featured_image":false,"_jetpack_featured_image_duplicate_dismissed":0,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[23810,8],"tags":[],"class_list":["post-83073","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-wellbeing","category-top-story"],"jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack-related-posts":[],"jetpack_shortlink":"https:\/\/wp.me\/p43meu-lBT","jetpack_featured_media_url":"https:\/\/i0.wp.com\/madisoncountycourier.com\/wp-content\/uploads\/2016\/06\/Attorny_General_Eric_T_Schneiderman.jpg?fit=260%2C221&ssl=1","_links":{"self":[{"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=\/wp\/v2\/posts\/83073","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=83073"}],"version-history":[{"count":0,"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=\/wp\/v2\/posts\/83073\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=\/wp\/v2\/media\/70131"}],"wp:attachment":[{"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=83073"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=83073"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/madisoncountycourier.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=83073"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}