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 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