State of Hawaii v. Trump

Filing 10

Declaration re 2 MOTION for Temporary Restraining Order . (Attachments: # 1 Exhibit A - Doe 1, # 2 Exhibit B - Doe 2, # 3 Exhibit C - Doe 3, # 4 Exhibit D - Dickson Declaration, # 5 Exhibit E - Slaveria Declaration, # 6 Exhibit F - Szigeti Declaration, # 7 Exhibit G - Higashi Declaration, # 8 Exhibit H - Elshikh Declaration)(Chin, Douglas)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI‘I

STATE OF HAWAI‘I,
Plaintiff,
v.
DONALD J. TRUMP, in his official
capacity as President of the United States; Civil Action No.
U.S. DEPARTMENT OF HOMELAND
SECURITY; JOHN F. KELLY, in his
official capacity as Secretary of Homeland
Security; U.S. DEPARTMENT OF
STATE; REX TILLERSON, in his
official capacity as Secretary of State; and
the UNITED STATES OF AMERICA,
Defendants.
DECLARATION OF DOUGLAS S. CHIN IN SUPPORT OF PLAINTIFF’S
MOTION FOR TEMPORARY RESTRAINING ORDER
I, DOUGLAS S. CHIN, hereby state and declare as follows:
1.

I am Attorney General for the State of Hawai‘i. I have personal

knowledge of and am competent to testify to the truth of the matters stated herein.
This Declaration is submitted in support of Plaintiff’s Motion for Temporary
Restraining Order (the “Motion”), filed concurrently herewith.

1

2.

Pursuant to Federal Rule of Civil Procedure 65(b), on February 3,

2017, I called the office of the United States Attorney for the District of Hawai‘i to
provide notice of the State’s intention to file the Motion later the same day.
3.

In addition to the foregoing, I caused a member of my staff to deliver

a copy of the Complaint and Motion papers in this proceeding to the United States
Attorney for the District of Hawai‘i, and to mail a copy of the same documents by
certified mail to the Attorney General of the United States.
4.

Attached as Exhibit A is a true and correct copy of a declaration

submitted by a naturalized U.S. citizen who resides in Hawai‘i. He originally is
from one of the seven countries targeted by Defendant Donald J. Trump’s
Executive Order of January 27, 2017 (the “Executive Order”), which is the subject
of the Motion. Exhibit A is highly confidential and submitted for in camera
review, pursuant to Local Rule 10.2 and the concurrently filed Ex Parte Motion for
In Camera Review of Exhibits A, B, and C to Declaration of Douglas S. Chin in
Support of the Motion.
5.

Attached as Exhibit B is a true and correct copy of a declaration

submitted by a lawful permanent resident of the United States who resides in
Hawai‘i. He originally is from one of the seven countries targeted by the
Executive Order. Exhibit B is highly confidential and submitted for in camera
review, pursuant to Local Rule 10.2 and the concurrently filed Ex Parte Motion for

2

In Camera Review of Exhibits A, B, and C to Declaration of Douglas S. Chin in
Support of the Motion.
6.

Attached as Exhibit C is a true and correct copy of a declaration

submitted by a foreign national residing in Hawai‘i. Exhibit C is highly
confidential and submitted for in camera review, pursuant to Local Rule 10.2 and
the concurrently filed Ex Parte Motion for In Camera Review of Exhibits A, B,
and C to Declaration of Douglas S. Chin in Support of the Motion.
7.

Attached as Exhibit D is a true and correct copy of the Declaration of

Risa E. Dickson, Vice President for Academic Planning and Policy at the
University of Hawai‘i system, addressing the impacts of the Executive Order on
the University of Hawai‘i community, including with respect to limiting travel,
hindering diversity of thought and experience, reducing the free flow of
information and ideas, and undercutting the welcoming values of the nation and
State.
8.

Attached as Exhibit E is a true and correct copy of the Declaration of

Luis P. Salaveria, Director of the State of Hawai‘i Department of Business,
Economic Development and Tourism, addressing the impacts of the Executive
Order on the tourism industry in Hawai‘i, including with respect to collaborative
projects, economic sister-state relationships, and tourism branding abroad.

3

9.

Attached as Exhibit F is a true and correct copy of the Declaration of

George Szigeti, President and Chief Executive Officer of the Hawai‘i Tourism
Authority (“HTA”), providing and explaining data maintained by HTA for the last
five years with respect to visitor expenditures, total visitor arrivals and mode of
transport, and flow of visitors from Africa and the Middle East.
10.

Attached as Exhibit G is a true and correct copy of the Declaration of

Ross Higashi, Deputy Director for the Airports Division, Department of
Transportation, State of Hawai‘i, addressing the federal Department of Homeland
Security, U.S. Customs and Border Patrol (“CBP”) requirements for International
Arrival Buildings, and the State’s efforts so to qualify international airport
facilities within Hawai‘i.
11.

Attached as Exhibit H is a true and correct copy of the Declaration of

Ismail Elshikh, PhD, a U.S. citizen who resides in Hawai‘i. He is of Egyptian
descent and a community leader, as the Imam of the Muslim Association of
Hawai‘i. He and his family have been personally affected by the Executive Order,
including with respect to interrupted travel plans and separation from family
members abroad.
I declare under penalty of perjury that the foregoing is true and correct.
DATED:

Honolulu, Hawai‘i, February 3, 2017.
/s/ Douglas S. Chin
Douglas S. Chin
4