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Published: Tue, July 11, 2017
Tech | By Dwayne Harmon

US Appeals Court Rejects Hawaii's Request for Emergency Injunction on Travel Ban

US Appeals Court Rejects Hawaii's Request for Emergency Injunction on Travel Ban

Explaining that the source of the dispute between the two sides was "the meaning and intent of words" in the Supreme Court's June 26 order, U.S. District Judge Derrick Watson concluded that the clarifications sought by the plaintiffs "should be more appropriately sought in the Supreme Court".

The state had filed a motion in the US District Court hoping to include grandparents and other relatives, but that was rejected on Friday.

Hawaii Attorney General Douglas Chin said he appreciated the quick ruling, and said in a statement that the state would comply.

Earlier this week, Hawaiian state officials had asked a Honolulu judge for a court order clarifying the Supreme Court's ruling to allow grandparents into the United States.

Every day that passes is a day when our Government is turning away human beings-from newborn children to elderly grandparents-whom the injunction requires to be admitted. He suggested that the dispute over the new restrictions be taken directly to the Supreme Court.

In January, President Trump issued a temporary ban on travel from six Muslim-majority countries which sparked protests and chaos at airports around the country and the world.

Immigration activists, including members of the DC Justice for Muslims Coalition, rally against the Trump administration's new ban against travelers from six Muslim-majority nations, outside of the U.S. Customs and Border Protection headquarters in Washington, U.S., March 7, 2017.

Opponents to the bill say that it discriminates on racial grounds and is therefore racist.

The issue will continue to develop as courts are called upon to think about what the language of the law means and how it applies in different circumstances, said Justin Levitt, a professor at Loyola Law School in Los Angeles.

The roll-out of the narrowed version of the ban was more subdued last week than in January when Trump first signed a more expansive version of the order. Lower courts had blocked the executive order, ruling that it is discriminatory.

"This Court will not upset the Supreme Court's careful balancing and 'equitable judgment, '" Watson wrote.

In addition, the U.S. Equal Employment Opportunity Commission found in July 2015 that discriminating against gay and lesbian employees is a type of sex discrimination and is therefore prohibited under Title VII of the Civil Rights Act.

An appeals court on Thursday declined to rehear a case involving a security guard who claims she was fired because she's a lesbian. Armed with the Ninth Circuit's roadmap, Hawaii has now reframed its motion to the district court as a request for injunctive relief.

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