The State Department has issued guidance regarding the admission of refugees following the Supreme Court’s decision in the Trump Executive Order cases.
The guidance includes the narrow interpretation of “bona fide relationship with a person” adopted for the visa ban provision (fiancés are in; grandparents are out). As to a “bona fide relationship” to “an entity in the United States,” the guidance states:
The communication concludes by stating that additional guidance will be forthcoming. And well it should be. No reason is given for the conclusory statement italicized above. Moreover, refugee resettlement agencies will be able to show significant evidence of bona fide relationship beyond the “formal assurance” they receive from the State Department. This is amply and persuasively demonstrated by a brief filed yesterday on behalf of IRAP and HIAS as amici curiae by the ACLU in the Hawaii litigation.