Executive Order 13780 Travel Ban Close Family Member Update July 13, 2017
The Department of State (DOS) updated the FAQ on the its Announcement Page regarding the Travel Ban after the U.S. District Court for the District of Hawaii overturned the DOS and DHS FAQs noted below and concluded that the travel ban cannot be enforced against:
• Grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States; and
• Refugees who have a formal assurance from a resettlement agency in the United States or who are part of the Lautenberg Program.
What is a close familial relationship for the purposes of determining if someone is subject to the E.O.?
In light of the July 13, 2017 U.S. District Court of Hawaii ruling regarding the definition of “close familial relationship” as that phrase was used in the Supreme Court’s June 26, 2017 order on implementing Section 2(c) of E.O. 13780, a close familial relationship is defined as a parent (including parent-in-law), spouse, fiancé, child, adult son or daughter, son-in-law, daughter-in-law, sibling, grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts and uncles, nephews and nieces, and cousins. For this purpose, “cousins” are limited to first-cousins (i.e., each cousin has a parent who is a sibling of a parent of the other cousin). For all relationships, half or step status is included (e.g., “half-brother” or “step-sister”). “Close familial relations” does not include any other “extended” family members, such as second-cousins.