State of Hawaii v. Trump

Filing 301

MEMORANDUM in Opposition re #293 Emergency MOTION to Clarify Scope of Preliminary Injunction re #291 Preliminary Injunction, filed by John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America. (Attachments: #1 Declaration of Lawrence E. Bartlett & Att. 1-3, #2 Exhibit A: Department of State FAQs, #3 Exhibit B: Emails from Rosenberg to Katyal, #4 Exhibit C: Department of State Fact Sheet re Refugee Program, #5 Exhibit D: Department of Homeland Security FAQs, #6 Certificate of Service)(Rosenberg, Brad)

Information Regarding the U.S. Refugee Admissions Program

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U.S. Department of State
Diplomacy in Action
Information Regarding the U.S. Refugee Admissions
Program
Fact Sheet
BUREAU OF POPULATION, REFUGEES, AND MIGRATION
June 30, 2017

The Supreme Court’s order in Trump v. International Refugee Assistance Project, No. 16-1436 (June 26, 2017)
provides that Sections 6(a) and 6(b) of Executive Order 13780 “may not be enforced against an individual seeking
admission as a refugee who can credibly claim a bona fide relationship with a person or entity in the United States.”
As stated in the Supreme Court’s order “for individuals, a close familial relationship is required. … As for entities, the
relationship must be formal, documented and formed in the ordinary course, rather than for the purpose of evading
[the Order].”
Upon advice of our legal counsel, we are providing the following guidance.
A refugee who has one of the following relationships with a person already in the United States will be considered to
have a credible claim to a bona fide relationship with a person in the United States upon presentation of sufficient
documentation or other verifiable information supporting that claim: a parent (including parent-in-law), spouse, fiancé,
fiancée, child, adult son or daughter, son-in-law, daughter-in-law, sibling, whether whole or half. This includes step
relationships. The following relationships do not qualify: grandparents, grandchildren, aunts, uncles, nieces, nephews,
cousins, brothers-in-law and sisters-in-law, and any other “extended” family members.
A refugee who has a relationship with an entity in the United States that is formal, documented, and formed in the
ordinary course will be considered to have a credible claim to a bona fide relationship with that entity upon
presentation of sufficient documentation or other verifiable information supporting that claim. The fact that a
resettlement agency in the United States has provided a formal assurance for a refugee seeking admission, however,
is not sufficient in and of itself to establish a qualifying relationship for that refugee with an entity in the United States.
We will be providing additional guidance in coming days about the processes for identifying a bona fide relationship
with a person or entity in the United States. As a reminder, refugees already scheduled for travel through July 6 will
be permitted to travel regardless of whether they have such a relationship.

Exhibit C
https://www.state.gov/j/prm/releases/factsheets/2017/272316.htm

7/3/2017

Information Regarding the U.S. Refugee Admissions Program

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https://www.state.gov/j/prm/releases/factsheets/2017/272316.htm

7/3/2017