U.S. appeals court rejects Trump’s bid to bar most refugees

FILE PHOTO - An Iceland Air flight crew arrives on the day that U.S. President Donald Trump's limited travel ban, approved by the U.S. Supreme Court, goes into effect, at Logan Airport in Boston, Massachusetts, U.S., June 29, 2017. REUTERS/Brian Snyder

By Mica Rosenberg and Jonathan Stempel

NEW YORK (Reuters) – A U.S. appeals court on Thursday rejected the Trump administration’s effort to temporarily bar most refugees from entering the country, ruling that those who have relationships with a resettlement agency should be exempt from an executive order banning refugees.

A three-judge 9th U.S. Circuit Court of Appeals panel also ruled that grandparents, aunts, uncles and cousins of legal U.S. residents should be exempted from President Donald Trump’s order, which banned travelers from six Muslim-majority countries.

The ruling is the latest legal blow to the President’s sweeping executive order barring travelers from Iran, Syria, Libya, Somalia, Sudan and Yemen for 90 days, which the Republican president said was necessary for national security.

The Justices said that the government did not persuasively explain why the travel ban should be enforced against close relatives of people from the six countries or refugees with guarantees from resettlement agencies. The 3-0 ruling takes effect in five days.

The U.S. Supreme Court ruled in June that Trump’s ban could be implemented on a limited basis, but should not be applied to people with “bona fide” relationships to people or entities in the United States.

The government took a narrow view of that interpretation, which the state of Hawaii challenged in court. A lower court judge sided with Hawaii, and the 9th Circuit judges upheld that view.

“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 court said.

The court also rejected the administration’s argument that the written assurances provided by resettlement agencies obligating them to provide services for specific refugees is not a bona fide relationship.

The agencies’ advance preparation and expenditure of resources for each refugee “supports the district court’s determination that a bona fide relationship with the refugee exists,” the decision said.

Trump’s first version of the executive order, signed in January, sparked protests and chaos at airports around the country and the world before it was blocked by courts. The administration replaced that version of the ban with a new order in March in response to the legal challenges.

A Department of Justice spokeswoman said: “The Supreme Court has stepped in to correct these lower courts before, and we will now return to the Supreme Court to vindicate the Executive Branch’s duty to protect the Nation.”

Hawaii’s Attorney General Douglas Chin said the ruling “keeps families together. It gives vetted refugees a second chance. The Trump administration keeps taking actions with no legal basis. We will keep fighting back.”

Refugee organizations cheered Thursday’s decision, saying it will give relief to people fleeing violence who were caught in limbo after the ban.

The broader question of whether the revised travel ban discriminates against Muslims in violation of the U.S. Constitution will be considered by the U.S. Supreme Court in October.

(Reporting by Mica Rosenberg and Jonathan Stempel in New York; Additional reporting by Andrew Chung and Lawrence Hurley in Washington; editing by Sue Horton and Grant McCool)

Trump administration defends travel ban in Supreme Court brief

FILE PHOTO - International passengers arrive at Washington Dulles International Airport after the U.S. Supreme Court granted parts of the Trump administration's emergency request to put its travel ban into effect later in the week pending further judicial review, in Dulles, Virginia, U.S., June 26, 2017. REUTERS/James Lawler Duggan

By Mica Rosenberg

NEW YORK (Reuters) – President Donald Trump’s administration reiterated arguments defending its temporary travel ban in a filing with the U.S. Supreme Court on Thursday, repeatedly citing the executive’s broad powers to exclude foreigners from the United States.

The travel ban barring refugees and people from six Muslim-majority nations was signed as an executive order in March, after an earlier version had to be scrapped in the face of legal challenges.

Two federal appeals courts blocked the revised order from taking effect until the U.S. Supreme Court ruled in June it could move forward on a limited basis.

The nation’s highest court has agreed to hear oral arguments about the lawfulness of the ban on Oct. 10, and the brief laid out the legal position the government plans to make.

The state of Hawaii and refugee organizations challenging the executive order claim it is discriminatory against Muslims, citing statements Trump made on the campaign trail calling for “a total and complete shutdown of Muslims entering the United States.”

However, the government, hammering against a broad ruling by the 9th U.S. Circuit Court of Appeals that blocked the ban, said campaign statements made by the president when he was a private citizen should not be taken into account.

The brief said it was a mistake to probe the president’s motives in decisions about national security, which would amount to inappropriate “judicial psychoanalysis” of the president. Trump said the order was necessary to review vetting procedures to help protect the country from terrorist attacks.

The Department of Justice argued the case would “invite impermissible intrusion on privileged internal Executive Branch deliberations” and that the plaintiffs in the case were calling for “up to 30 depositions of White House staff and Cabinet-level officials.”

The government repeated its stance that Congress has granted the president wide authority to limit refugee admissions and bar the entry of any foreigner or group of foreigners if it would be “detrimental to the interests of the United States.”

The Supreme Court ruled parts of the revised March executive order could go into effect on June 29, finding that anyone from Iran, Libya, Somalia, Sudan, Syria and Yemen with a “bona fide relationship” to a U.S. citizen or entity could not be barred.

However, the government excluded grandparents and other family members from the definition of who would be allowed in, leading to another round of legal sparring.

Eventually the Supreme Court said that, while litigation continues over enforcement of the ban in lower courts, grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, and siblings-in-law of people from the six countries would be let in but that refugees with relationships with U.S. resettlement agencies would not.

Attorney Neal Katyal, who is representing Hawaii in its challenge to the ban, said in an email on Thursday: “We look forward to the Supreme Court hearing our case in October.”

(Reporting by Mica Rosenberg; Additional reporting by Andrew Chung; Editing by Paul Tait)

Trump administration moves to make tougher U.S. visa vetting permanent

A sign warns of surveillance at the International Arrival area at Logan Airport in Boston.

By Yeganeh Torbati

WASHINGTON (Reuters) – The Trump administration moved on Thursday to make permanent a new questionnaire that asks some U.S. visa applicants to provide their social media handles and detailed biographical and travel history, according to a public notice.

The questionnaire was rolled out in May as part of an effort to tighten vetting of would-be visitors to the United States, and asks for all prior passport numbers, five years’ worth of social media handles, email addresses and phone numbers and 15 years of biographical information including addresses, employment and travel history. (See: http://bit.ly/2v0qsR2)

A State Department official declined to provide data on how many times the form had been used or which nationalities had been asked to fill it out since May, only stating that it estimates 65,000 visa applicants per year “will present a threat profile” that warrants the extra screening.

President Donald Trump ran for office in 2016 pledging to crack down on illegal immigration for security reasons, and has called for “extreme vetting” of foreigners entering the United States. On Wednesday, he threw his support behind a bill that would cut legal immigration to the United States by 50 percent over 10 years.

The Office of Management and Budget, which must approve most new federal requests of information from the public, initially approved the form on an “emergency” basis, which allowed its use for six months rather than the usual three years.

The State Department published a notice in the Federal Register on Thursday seeking to use the form for the next three years. The public has 60 days to comment on the request.

The questions are meant to “more rigorously evaluate applicants for terrorism, national security-related, or other visa ineligibilities,” the notice said.

While the questions are voluntary, the form says failure to provide the information may delay or prevent the processing of a visa application.

Trump ordered a temporary travel ban in March on citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen. After months of legal wrangling, the Supreme Court in June allowed the travel ban to go forward with a limited scope.

The form does not target any particular nationality.

Seyed Ali Sepehr, who runs an immigration consultancy in California serving Iranian clients applying for U.S. visas, said that since late June, all of his clients who have been referred for extra security checks have also been asked to fill out the new form.

Kiyanoush Razaghi, an immigration attorney based in Maryland, said he knows of Iraqis, Libyans and Iranians who have been asked to fill out the form.

Immigration attorney Steve Pattison said one of his clients, who is not from one of the six travel ban countries, had been asked to fill out the new form when applying for a visitor visa, indicating that consular officers are using it broadly.

“It could be that everyone is missing another consequence of the use of the form – its deployment in a far wider sense to cover all sorts of individuals,” Pattison said.

 

(Reporting by Yeganeh Torbati; editing by Sue Horton and Grant McCool)

 

U.S. bans travel to North Korea from September 1, says Americans should leave

FILE PHOTO: People carry flags in front of statues of North Korea founder Kim Il Sung (L) and late leader Kim Jong Il during a military parade marking the 105th birth anniversary Kim Il Sung, in Pyongyang April 15, 2017. REUTERS/Damir Sagolj

By Yeganeh Torbati

WASHINGTON (Reuters) – A ban on travel by U.S. passport holders to North Korea will take effect on Sept. 1 and Americans in the country should leave before that date, the U.S. State Department said on Wednesday.

Journalists and humanitarian workers may apply for exceptions to the ban, the department said in a public notice.

The U.S. government last month said it would bar Americans from traveling to North Korea due to the risk of “long-term detention” there.

The ban comes at a time of heightened tensions between the United States and North Korea, which has been working to develop a nuclear-tipped missile capable of hitting the United States.

North Korea will become the only country to which Americans are banned from traveling.

American student Otto Warmbier, sentenced last year to 15 years’ hard labor in North Korea, returned to the United States in a coma on June 13 after being released on humanitarian grounds, and died June 19. The circumstances surrounding his death are not clear, including why he fell into a coma.

North Korea has said through its state media that Warmbier’s death was “a mystery” and dismissed accusations that he had died as a result of torture and beating in captivity.

The State Department issued a notice in the Federal Register on Wednesday declaring U.S. passports invalid for travel to, in or through North Korea. The restriction takes effect in 30 days, and applies for one year unless extended or revoked by the secretary of state.

“Persons currently in North Korea on a U.S. passport should depart North Korea before the travel restriction enters into effect on Friday, September 1, 2017,” the department said in a statement.

Professional reporters or journalists, representatives of the International Committee of the Red Cross or the American Red Cross traveling on official missions, those traveling to North Korea for “compelling humanitarian considerations” and those whose requests are “in the national interest” may ask for a special validation of their passports in order to travel to the country, the State Department said.

North Korea is currently holding two Korean-American academics and a missionary, a Canadian pastor and three South Korean nationals who were doing missionary work. Japan says North Korea has also detained at least several dozen of its nationals.

(Reporting by Yeganeh Torbati, David Brunnstrom and David Alexander; Editing by Jonathan Oatis and James Dalgleish)

Stranded Yemenis, thousands of others stand to lose ‘golden ticket’ to U.S.

Yemeni Rafek Ahmed Mohammed Al-Sanani (R), 22, and Abdel Rahman Zaid, 26 look through documents as they speak with Reuters in Serdang, on the outskirts of Kuala Lumpur, Malaysia July 20, 2017.

By Riham Alkousaa and Yeganeh Torbati

NEW YORK/WASHINGTON (Reuters) – Yemen is urging the U.S. government to take in dozens of Yemenis who traveled to Malaysia in recent months expecting to immigrate to the United States, only to find themselves stranded by President Donald Trump’s temporary travel ban.

The ban, which was blocked by lower courts before being partially reinstated by the Supreme Court in June, temporarily bars citizens of Yemen and five other Muslim-majority countries with no “bona fide” connections to the United States from traveling there.

The Supreme Court ruling sharply limited the number of people affected by the ban. Largely unreported has been the fate of one group – thousands of citizens of the six countries who won a randomized U.S. government lottery last year that enabled them to apply for a so-called green card granting them permanent residence in the United States.

In a stroke of bad luck for the lottery winners, the 90-day travel ban will expire on Sept. 27, just three days before their eligibility for the green cards expires. Given the slow pace of the immigration process, the State Department will likely struggle to issue their visas in time.

A recent email from the U.S. government to lottery winners still awaiting their visas warned “it is plausible that your case will not be issuable” due to the travel ban.

The lottery attracts about 14 million applicants each year, many of whom view it as a chance at the “American Dream.” It serves as a potent symbol of U.S. openness abroad, despite the fact that the chance of success is miniscule – about 0.3 percent, or slightly fewer than 50,000, of lottery entrants actually got a green card in 2015.

The program helps to foster an image of America “as a country which welcomes immigrants and immigration from around the world, but also especially from Africa,” said Johnnie Carson, a former U.S. assistant secretary of state for African affairs during the Obama administration.

Some former diplomats worry the travel ban’s impact on the lottery could tarnish that image of inclusiveness.

“Taking this away from people who have won it is the cruelest possible thing this administration could do,” said Stephen Pattison, a former senior State Department consular official. “It makes us look petty and cruel as a society.”

Reuters spoke to dozens of lottery winners from Yemen, Iran and Syria, including about 20 who are still waiting for their visas to be issued. Many declined to be named so as not to risk their applications but provided emails and other documents to help confirm their accounts.

They described having spent thousands of dollars on the application process, and many said they had delayed having children, sold property and turned down lucrative job offers at home because they assumed they would soon be moving to the United States.

 

AN ARDUOUS JOURNEY

For Yemenis, the situation is particularly difficult. Because the United States does not maintain a diplomatic post in Yemen, its citizens are assigned to other countries to apply for their visas, and many of them to travel to Kuala Lumpur, Malaysia. The journey to a country 4,000 miles (6,400 km) away can be expensive and arduous for Yemenis, whose country, the Middle East’s poorest, is embroiled in a two-year conflict.

Most of the Yemenis who come to Malaysia make their first stop at a high-rise apartment building on the outskirts of the capital, where they have built a small community. Because of immigration restrictions, they are not allowed to work and are slowly running out of money. Most survive from funds donated by other Yemenis or sent by relatives back home.

“Imagine you get notified you got the golden ticket, only to have it yanked away,” said Joshua Goldstein, a U.S. immigration attorney who advises lottery winners.

The so-called “diversity visa” program was passed in its current form by Congress in 1990 to provide a path to U.S. residency for citizens from a range of countries with historically low rates of immigration to the United States.

Because it has relatively few educational or professional requirements, it tends to attract people from poorer countries. In Ghana and Sierra Leone, for instance, more than 6 percent of the population in each of the West African nations entered the lottery in 2015.

Yemeni officials in Washington launched talks with the State Department this month to find a way to get dozens of Yemeni lottery winners into the United States despite the travel ban, said Yemen’s ambassador to the United States, Ahmed bin Mubarak.

“They’ve been in Malaysia for more than six months and sold everything in Yemen,” bin Mubarak said. “We are doing what we can.”

U.S. officials said they would work with Yemen’s government to help those who qualify for exceptions to the travel ban to be allowed in on a case-by-case basis, said Mohammed al-Hadhrami, a diplomat at Yemen’s embassy in Washington.

A State Department official declined to comment on how the United States was working with Yemen on the issue.

 

‘YANKED AWAY’

It is unclear exactly how many lottery winners are now caught up in the travel ban, which affects Iran, Libya, Somalia, Sudan, Syria and Yemen, but in 2015, more than 10,000 people from the six countries won the lottery, and 4,000 of them eventually got visas.

Yemeni officials provided Reuters with a list of Yemeni lottery winners, mostly in Malaysia, which they have also given to the State Department. It showed 58 Yemenis still waiting for a response to their applications, including some who have been stuck in security checks for more than eight months.

The State Department declined to comment on the figures, but departmental data shows that 206 Yemenis received diversity visas between March and June.

Following the June 26 Supreme Court ruling, State Department officials told lottery winners from the six countries that their visas would not be granted during the 90-day period the travel ban is in place unless they can demonstrate close family ties or other approved connections to a person or institution in the United States, according to an email seen by Reuters.

Yemeni officials are scrambling to help the country’s lottery winners demonstrate how they might qualify for an exemption and are also pushing to get a waiver for those who don’t have any relationships, Hadhrami said.

Rafek Ahmed al-Sanani, a 22-year-old farmer with a high school education, is among the Yemenis stuck in Malaysia. He traveled there in December via a route that included a 22-hour bus ride followed by flights to Egypt, Qatar and finally Malaysia.

“I was the first one to apply for the lottery in my family,” said Sanani, one of nine children in a family from Ibb governorate in Yemen’s north. “I want to come to the United States to learn English and continue my studies.”

Sanani said he had to borrow $10,000 to pay for his trip to Malaysia and living expenses. As he waits to hear the outcome of his application, he is resigned to his fate.

“What can I do?” he said. “I will accept reality.”

 

(Additional reporting by Rozanna Latif in Kuala Lumpur and Yara Bayoumy in Washington; Editing by Sue Horton and Ross Colvin)

 

Trump asks Supreme Court to block travel ban ruling

FILE PHOTO: Tom Bossert, Homeland Security Advisor to President Trump during a news briefing at the White House in Washington, D.C., U.S., May 11, 2017. REUTERS/Kevin Lamarque

By Lawrence Hurley

WASHINGTON (Reuters) – The U.S. Justice Department on Friday asked the Supreme Court to block a judge’s ruling that prevented President Donald Trump’s travel ban from being applied to grandparents of U.S. citizens and refugees already being processed by resettlement agencies.

In a court filing, the administration asked the justices to overturn Thursday’s decision by a U.S. district judge in Hawaii, which limited the scope of the administration’s temporary ban on refugees and travelers from six Muslim-majority countries.

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.

The Supreme Court said then that the ban could take effect, but that people with a “bona fide relationship” to a U.S. person or entity could not be barred.

The administration had narrowly interpreted that language, saying the ban would apply to grandparents and other family members, prompting the state of Hawaii to ask Hawaii-based U.S. District Judge Derrick Watson to expand the definition of who could be admitted. He ruled for the state late on Thursday.

In the court filing, the Justice Department said the judge’s ruling “empties the (Supreme) Court’s decision of meaning, as it encompasses not just “close” family members but virtually all family members.

The conservative-leaning Supreme Court is not currently in session but the justices can handle emergency requests. The administration’s application could be directed either to Justice Anthony Kennedy, who has responsibility for emergency requests from western states, or to the nine justices as a whole. If the court as a whole is asked to weigh in, five votes are needed to grant such a request.

“The truth here is that the government’s interpretation of the Supreme Court’s stay order defies common sense,” said Omar Jadwat, a lawyer with the American Civil Liberties Union involved in challenging the ban. “That’s what the district court correctly found and the attorney general’s misleading attacks on its decision can’t change that fact.”

In his decision, Watson harshly criticized the government’s definition of close family relations as “the antithesis of common sense.”

Watson also ruled that the assurance by a resettlement agency to provide basic services to a newly arrived refugee constitutes an adequate connection to the United States because it is a sufficiently formal and documented agreement that triggers responsibilities and compensation.

In the court filing, the Justice Department said Watson’s ruling on refugees would make the Supreme Court’s decision on that part of the executive order “effectively meaningless.”

The ruling, if left in place, means refugees can continue to be resettled in the United States, beyond a cap of 50,000 set by the executive order. That limit was reached this week.

The Supreme Court’s decision last month revived parts of Trump’s March 6 executive order banning travelers from Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days, as well as refugees for 120 days. The court also agreed to hear oral arguments in the fall over whether the ban violates the U.S. Constitution.

 

(Reporting by Lawrence Hurley; Additional reporting by Ayesha Rascoe, Yeganeh Torbati and Dan Levine; Editing by Jonathan Oatis and Bill Trott)

 

U.S. judge narrows travel ban in defeat for Trump

people hugging; travel ban

By Dan Levine and Mica Rosenberg

(Reuters) – President Donald Trump’s temporary ban on travelers from six Muslim-majority countries cannot stop grandparents and other relatives of United States citizens from entering the country, a U.S. judge said on Thursday.

The ruling by U.S. District Judge Derrick Watson in Honolulu also opens the door for more refugees and deals Trump a fresh courtroom defeat in a long back-and-forth over an executive order that has gone all the way up to the U.S. Supreme Court.

The state of Hawaii had asked Watson to narrowly interpret a Supreme Court ruling that revived parts of Trump’s March 6 executive order banning travelers from Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days, as well as refugees for 120 days.

The Supreme Court last month said the ban could take effect, but that anyone from the six countries with a “bona fide relationship” to a U.S. person or entity could not be barred.

The Trump administration then interpreted that opinion to allow spouses, parents, children, fiancés and siblings into the country, but barred grandparents and other family members, in a measure Trump called necessary to prevent attacks.

Watson harshly criticized the government’s definition of close family relations as “the antithesis of common sense” in a ruling that changes the way the ban can now be implemented.

“Common sense, for instance, dictates that close family members be defined to include grandparents. Indeed, grandparents are the epitome of close family members,” he wrote.

A Justice Department spokeswoman declined to comment.

Trump’s order is a pretext for illegal discrimination, Hawaii Attorney General Douglas Chin said in a statement.

“Family members have been separated and real people have suffered enough,” Chin said.

Chin had asked Watson for an injunction allowing grandparents and other family members to travel to the United States. Hawaii and refugee groups also had argued that resettlement agencies have a “bona fide” relationship with the refugees they help, sometimes over the course of years.

The Justice Department said its rules were properly grounded in immigration law.

Watson said the assurance by a resettlement agency to provide basic services to a newly arrived refugee constitutes an adequate connection to the U.S. because it is a sufficiently formal and documented agreement that triggers responsibilities and compensation.

“‘Bona fide’ does not get any more ‘bona fide’ than that,” Watson said.

Melanie Nezer, vice president of global refugee advocacy group HIAS, said the ruling should mean that refugees can continue to be resettled in the United States, beyond a cap of 50,000 set by the executive order. That limit was reached this week.

“We are thrilled that thousands of people will be reunited with their family members,” said Becca Heller, director of the International Refugee Assistance Project.

More than 24,000 additional refugees should be allowed to travel to the U.S. under Watson’s order, she estimated.

Watson did not grant everything the state of Hawaii sought, however. He rejected a request to categorically exempt all Iraqis refugee applicants who believe they are at risk due to their work for the U.S. government since March, 2003, as interpreters and translators, for instance.

Watson also refused a blanket exemption for those eligible to apply to a refugee program aimed at protecting certain children at risk in El Salvador, Honduras, and Guatemala.

The roll-out of the narrowed version of the ban was more subdued than in January, when Trump first signed a more expansive version of his order. That sparked protests and chaos at airports around the country and the world.

(Reporting by Dan Levine in San Francisco and Mica Rosenberg in New York; Additional reporting by Andrew Chung in New York; Editing by Clarence Fernandez)

U.S. appeals court denies Hawaii bid to narrow Trump travel ban

U.S. President Donald Trump and his wife Melania Trump are seen at the G20 summit in Hamburg, Germany July 7, 2017. REUTERS/Wolfgang Rattay

By Dan Levine

SAN FRANCISCO (Reuters) – A U.S. appeals court on Friday rejected Hawaii’s request to issue an emergency order blocking parts of President Donald Trump’s temporary travel ban while the state sought clarification over what groups of people would be barred from travel.

The U.S. Supreme Court last month let the ban on travel from six Muslim-majority countries go forward with a limited scope, saying it could not apply to anyone with a credible “bona fide relationship” with a U.S. person or entity.

The Trump administration then decided that spouses, parents, children, fiancés and siblings would be exempt from the ban, while grandparents and other family members traveling from Iran, Libya, Somalia, Sudan, Syria and Yemen would be barred.

Trump said the measure was necessary to prevent attacks. However, opponents including states and refugee advocacy groups sued to stop it, disputing its security rationale and saying it discriminated against Muslims.

A Honolulu judge this week rejected Hawaii’s request to clarify the Supreme Court ruling and narrow the government’s implementation of the ban.

Hawaii appealed to the 9th U.S. Circuit Court of Appeals, saying in a filing on Friday that the appeals court has the power to narrow the travel ban while it decides how to interpret the Supreme Court’s ruling.

A three-judge 9th Circuit panel on Friday rejected that argument and said it did not have jurisdiction to hear Hawaii’s appeal.

The 9th Circuit said the Honolulu judge could issue an injunction against the government in the future, if he believed it misapplied the Supreme Court’s ruling to a particular person harmed by the travel ban.

But the judge did not have the authority to simply clarify the Supreme Court’s instructions now, the appeals court said.

In a statement, Hawaii Attorney General Douglas Chin said he appreciated that the 9th Circuit ruled so quickly, and that the state will comply.

The Justice Department declined to comment.

Justice Department lawyers have argued that its definition of close family “hews closely” to language found in U.S. immigration law, while Hawaii’s attorney general’s office said other parts of immigration law include grandparents in that group.

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. That sparked protests and chaos at airports around the country and the world.

(Reporting by Dan Levine; Editing by Cynthia Osterman and Lisa Shumaker)

U.S. travel ban set to take effect after top court’s green light

An international passenger arrives at Washington Dulles International Airport after the U.S. Supreme Court granted parts of the Trump administration's emergency request to put its travel ban into effect later in the week pending further judicial review, in Dulles, Virginia, U.S., June 26, 2017. REUTERS/James Lawler Duggan

By Arshad Mohammed and Mica Rosenberg

WASHINGTON/NEW YORK (Reuters) – President Donald Trump’s temporary ban on people from six predominantly Muslim countries and all refugees entering the United States is finally scheduled to take effect later on Thursday, but in a scaled-back form that still allows in some travelers.

The rollout of the controversial measure follows a Supreme Court decision this week that allowed the executive order to take effect but significantly narrowed its scope, exempting travelers and refugees with a “bona fide relationship” with a person or entity in the United States.

It is set to go into effect at 8 p.m. EDT (0000 GMT Friday).

Late Wednesday, the State Department said visa applicants from Iran, Libya, Syria, Somalia, Sudan and Yemen must have a close U.S. family relationship or formal ties to a U.S. entity to be admitted to the United States in keeping with the Supreme Court’s ruling.

Trump first announced a temporary travel ban in January, calling it a counterterrorism measure to allow time to develop better security vetting. The order caused chaos at airports as officials scrambled to enforce it and was blocked by federal courts, with opponents arguing the measure discriminated against Muslims and that there was no security rationale for it.

A revised version of the ban, issued in March, was also halted by courts.

In its decision on Monday, the Supreme Court allowed the ban, which bars people from the designated six countries for 90 days and refugees for 120 days, to go partially into effect until the top court can take up the case during its next term starting in October.

The State Department guidance on the ban, distributed to all U.S. diplomatic posts and seen by Reuters, defined a close familial relationship as being a parent, spouse, child, adult son or daughter, son-in-law, daughter-in-law or sibling, including step-siblings and other step-family relations.

“Grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-laws and sisters-in-law, fiancés, and any other ‘extended’ family members,” are not considered close family, according to the cable.

The guidelines also said that workers with an offer of employment from a company in the United States or a lecturer addressing U.S. audiences would be exempt from the ban, but someone who simply made a hotel reservation would not be considered as having a bona fide relationship.

Asked about the guidance, the State Department declined to comment on internal communications.

The Department of Homeland Security is expected to release additional information on Thursday. A Justice Department spokesman declined to comment.

Immigration lawyers and refugee advocates expressed surprise late on Wednesday that fiancés, grandparents and grandchildren would not qualify as close family.

“This unduly limited definition of family excludes many of the very people that Americans are looking forward to welcoming as visitors,” said Eleanor Acer of the group Human Rights First, adding that the guidelines appeared to go against the exceptions outlined by the Supreme Court.

“Barring grandparents,” she said, “is not the way to keep this country safe.”

Refugee resettlement organizations have said they believe their organizations should qualify as having a “bona fide relationship” with the clients they serve, but the State Department cable did not give guidance on that question.

Rana, an Iranian consultant who has been in the United States since 2003 and is married to a U.S. citizen, said no Thursday that she feared the travel ban will only increase the confusion in an already onerous visa system for visitors from her country.

“The way the president is talking, it makes it sound like the doors were open and people were just coming and going. It was always hard, it was never easy,” she said, asking that her last name not be used.

In 2014, Rana’s 65-year-old mother missed her wedding because of a seven-month security clearance process. Her brother, who had a scholarship to a U.S. university in 2008, was never allowed in. The brother now lives with his wife in Canada, and they are thinking of trying to get permission for their mother to visit him there instead of trying again for a U.S. visa.

“This is just adding to chaos,” Rana said. “It is putting a lot of power of interpretation into the hands of the individual visa officers.”

The ban’s looming enforcement also stirred anger and confusion in parts of the Middle East on Wednesday, with would-be visitors worried about their travel plans and their futures.

Airlines in the region said they had not received a directive from the United States, and there were few people at the U.S. Consulate in Dubai, where there is normally a line out the door of people waiting to process visa applications.

On Thursday, Emirates Airline, the Middle East’s largest airline, said its flights to the United States were operating normally. Abu Dhabi-based Etihad Airways said it is allowing nationals from the six countries to board U.S.-bound flights if they have valid travel documents.

Amnesty International said it would be sending researchers to airports in New York City, Washington and Los Angeles to monitor the implementation of the ban.

But Stephen Yale-Loehr, an immigration law professor at Cornell Law School said that since the order only applies to those who have not yet been issued visas, any legal fights will likely not occur right away and could become moot once the ban expires.

“We may see a lot of attorneys standing around at airports tonight with nothing much to do,” Yale-Loehr said.

(Additional reporting by Yeganeh Torbati and Gabriella Borter in New York; Additional writing by Susan Heavey; Editing by Frances Kerry and Jonathan Oatis)

Iran says will act on U.S. court ruling on Trump’s travel ban

FILE PHOTO: A young boy stands behind an Iranian flag at Tehran's Mehrabad International Airport, Iran, May, 5, 2010. REUTERS/Morteza Nikoubazl/File Photo

BEIRUT (Reuters) – Iran said on Wednesday it would take “reciprocal action” in response to the U.S. Supreme Court allowing a partial implementation of President Donald Trump’s travel ban on six Muslim-majority countries.

Lower U.S. courts had completely blocked Trump’s executive order issued on March 6, which includes a blanket 90-day ban on people from countries including Iran and Libya and a 120-day ban on all refugees. But the Supreme Court on Monday ruled there could be partial restrictions placed on refugees.

The decision is “an indication of the decision of the leaders of that country to discriminate against Muslims,” Iran’s Foreign Ministry Spokesman Bahram Qassemi was cited as saying by the official Islamic Republic News Agency (IRNA).

“The Islamic Republic of Iran, after carefully examining the recent decision of the Supreme Court of America, will take proportional and reciprocal action,” Qassemi said. He did not elaborate.

U.S. citizens must apply for tourist visas before traveling to Iran, as opposed to others including Germans who are able to obtain these on arrival.

During his presidential campaign in 2016, Trump campaigned for “a total and complete shutdown” of Muslims entering the United States, arguing the measure is needed for national security.

The court also gave examples of who may qualify for exemptions, including those with close family ties in the United States, obtaining a place at a U.S. university, or offers of employment.

Qassemi also said the United States was targeting the wrong countries for a visa ban.

“It’s regrettable that the American government, because of their economic and commercial short-sightedness, have closed their eyes to the main perpetrators of terrorism in America,” he said.

Iran blames Saudi Arabia, a long standing U.S. ally, for Islamic militancy. Saudi citizens are not affected by the travel ban.

(Reporting By Babak Dehghanpisheh; Editing by Raissa Kasolowsky)