Hawaii filed an emergency motion asking U.S. District Judge Derrick Watson to clarify that the ban can’t be enforced against other relationships such as grandparents, aunts and uncles.
The government’s filing Monday says Watson should deny Hawaii’s request or wait until a clarification request can be made to the Supreme Court.
Hawaii in February sued to stop Trump’s initial executive order banning people from majority-Muslim countries, saying the policy separates Hawaii’s families and degrades values Hawaii has worked hard to protect.
The U.S. Supreme Court earlier this week said it would hear full arguments on the case in October.
Until then, it allowed the ban to be enforced if visitors lack a “credible claim of a bona fide relationship with a person or entity in the United States.”
Under the temporary rules, citizens of Syria, Sudan, Somalia, Libya, Iran and Yemen who already have visas will be allowed to enter. But people from those countries who want new visas will now have to prove a close family relationship or an existing relationship with an entity like a school or business in the U.S.
The State Department said the personal relationships would include a parent, spouse, son, daughter, son-in-law, daughter-in-law or sibling already in the United States. It does not include other relationships such as grandparents, grandchildren, aunts and uncles.