So now lower court judges challenge the Supreme Court Decision. Revolution?
The burden of proof is on applicants to prove they have family ties here.
And the SCOTUS has told lower courts to defer to the executive branch’s application of immigration rules.
I don’t think the HI suit will go far.
No, the lower court is challenging the Administration rules regarding what constitutes "close family ties" from the Supreme Court Decision.
Which is exactly what Justice Thomas warned against in his dissent opinion:
Moreover, I fear that the Court’s remedy will prove unworkable. Today’s compromise will burden executive officials with the task of deciding—on peril of contempt— whether individuals from the six affected nations who wish to enter the United States have a sufficient connection to a person or entity in this country. See ante, at 11– 12. The compromise also will invite a flood of litigation until this case is finally resolved on the merits, as parties and courts struggle to determine what exactly constitutes a “bona fide relationship,” who precisely has a “credible claim” to that relationship, and whether the claimed relationship was formed “simply to avoid §2(c)” of Executive Order No. 13780, ante, at 11, 12. And litigation of the factual and legal issues that are likely to arise will presumably be directed to the two District Courts whose initial orders in these cases this Court has now— unanimously—found sufficiently questionable to be stayed as to the vast majority of the people potentially affected.