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)

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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 ISMAIL ELSHIKH, PhD EXHIBIT H DECLARATION OF ISMAIL ELSEIIKII, PhD I, Ismail Elshikh, PhD declare the following: 1. I am an American citizen of Egyptian descent, and a resident of Hawai’i. I have been a resident of Hawai’i for over a decade. My wife, Dana, who is of Syrian descent, and my five children are also American citizens and residents of Hawai’i. I am proud to be an American citizen, and consider the United States to be my home country. Because of my allegiance to America, and my deep belief in the American ideals of democracy and equality, I am deeply saddened by the passage of the Executive Order barring nationals from seven Muslim countries from entering the United States. 2. I am the Imam of the Muslim Association of Hawai’i. As Imam, I am a leader within the local Hawai’i Islamic community. I believe strongly in religious equality, and that individuals of different faiths should be allowed to exercise their religious beliefs, free from government suppression, and in a way that does not harm others. The members of my Mosque consider Hawai’i to be home. They are integrated into local society and culture. They have friends and family within and outside of the local Islamic community. 3. My five children are 11, 9, 7, 5 and almost 2 years of age. They have all been United States citizens, and Hawai’i residents, since birth. All of my children were born at Kaiser Hospital in Honolulu, Hawai’i. My older children attend 1 school in Honolulu, and they have many friends from all walks of life. They are aware of the travel ban, and are deeply saddened by the message it conveys — that a broad travel-ban is “needed” to prevent people from certain Muslim countries from entering the United States. They are deeply affected by the knowledge that the United States — their own country — would discriminate against individuals who are of the same ethnicity as them, including members of their own family, and who hold the same religious beliefs. They do not fully understand why this is happening, but they feel hurt, confused, and sad. 4. The travel ban also has a direct personal effect on my children because it creates additional obstacles to their grandmother’s plan to visit them in Hawai’i. My wife’s mother is a Syrian national, living in Syria. She has been making concrete plans to visit my family for many years. It is not easy for Syrian nationals, like my wife’s mother, to obtain visitor travel documentation from the American government permitting entry into the United States. My wife filed a 1130 Petition for Alien Relative, on behalf of her mother, with the United States government in September 2015. The Petition was approved in February 2016, and my wife’s mother was eagerly anticipating the completion of the rest of her visa application process. 5. My mother-in-law has been looking forward to visiting my family for years. She last visited Hawai’i in 2005, when she stayed for one month. She has 2 not yet met two of my five children. Only my oldest child remembers meeting her grandmother. 6. President Trump’s issuance of the Executive Order banning Syrian nationals from entering the United States has directly impacted my family by complicating my mother-in-law’s ability to visit Hawai’i to see, spend time with, and get to know her grandchildren. This is devastating to my wife and children. I believe that it is also devastating to my mother-in-law. 7. As an Imam, I work with many members of the Hawai’i Islamic community. Many members of my Mosque are upset about the travel ban, and some are very fearful. All feel that the travel ban targets Muslim citizens because of their religious views and national origin. The travel ban has a very real and direct impact upon their lives. Although many members of my Mosque consider Hawai’i to be home, many have family and friends still living in the countries affected by the travel ban. While the travel ban remains in effect, these individuals live in forced separation from those family members and friends. I declare under penalty of perjury that the foregoing is true and correct. Dated: Honolulu, Hawai’i, February 2, 2017. IS MAIL ELSHIKH, PhD 3

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