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Administration, through State Department, Releases Restrictive Interpretation of Monday’s Supreme Court Decision

As the implementation of the administration’s “Travel Ban” executive order (restricting entry for individuals from six predominantly Muslim countries, as well as all refugees) was set to go into effect the night of June 29th, the US State Department released the administration’s very restrictive interpretation of the Supreme Court ruling.

The Supreme Court, in allowing partial implementation of the travel ban, noted that it could not be applied against those with “a credible claim of a bona fide relationship with a person or entity in the United States.”

The State Department guidance, while acknowledging that sons-in-law, daughters-in-law and stepchildren have a credible claim of a bona fide relationship under the Supreme Court’s ruling, indicates that grandparents, grandchildren, uncles, aunts, cousins and fiancés are not viewed as having a sufficiently credible claim of a bona fide relationship with someone in the US.

The State Department interpretation doesn’t directly address refugees (who would need to have assurances of resettlement from a US-based resettlement agency to come here) other than to say those already scheduled to come to the US up through July 6 will be permitted to enter. Presumably, those after that would be prohibited under the 120-day moratorium of the executive order (though the annual limit would likely be almost reached near-term in any event).