State of Hawaii v. Trump

Filing 116

MOTION for Leave to File Brief of Human Rights First, KIND (Kids in Need of Defense), Tahirih Justice Center, and HIAS as Amici Curiae in Support of Plaintiffs' Motion for Temporary Restraining Order Lisa W. Munger appearing for Amicus Parties HIAS, Human Rights First, KIND (Kids in Need of Defense), Tahirih Justice Center (Attachments: # 1 Brief of Amici Curiae, # 2 Certificate of Service)(Munger, Lisa)

GOODSILL ANDERSON QUINN & STIFEL SIMPSON THACHER & BARTLETT
A LIMITED LIABILITY LAW PARTNERSHIP LLP LLP
LISA WOODS MUNGER
[e-mail]
First Hawaiian Center
999 Bishop Street, Suite 1600
Honolulu, Hawaii 96813
Telephone: [phone]
Facsimile: [phone]

3858-0

ALAN C. TURNER*
[e-mail]
425 Lexington Avenue
New York, New York 10017
Telephone: [phone]
Facsimile: [phone]
HARRISON J. (BUZZ) FRAHN IV*
[e-mail]
2475 Hanover Street
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
*Pro hac vice application pending

Attorneys for Amici Curiae
HUMAN RIGHTS FIRST,
KIND (Kids in Need of Defense),
TAHIRIH JUSTICE CENTER, and
HIAS
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI‘I
STATE OF HAWAI‘I and ISMAIL
ELSHIKH,
Plaintiffs,
v.
DONALD J. TRUMP, in his official
capacity as President of the United States;
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.

CV. NO. 1:17-cv-00050-DKW-KSC
MOTION FOR LEAVE TO FILE
BRIEF OF HUMAN RIGHTS
FIRST, KIND (KIDS IN NEED OF
DEFENSE), TAHIRIH JUSTICE
CENTER, AND HIAS AS AMICI
CURIAE IN SUPPORT OF
PLAINTIFFS’ MOTION FOR
TEMPORARY RESTRAINING
ORDER

Human Rights First, KIND (Kids in Need of Defense), Tahirih Justice Center,
and HIAS (collectively, “Amici”) respectfully move for leave to file an amicus curiae
brief in support of Plaintiffs’ Motion for Temporary Restraining Order. Plaintiffs have
consented to the filing of this brief, while Defendants have taken no position. Amici
state as follows:
1.

Amici are non-profit organizations that, among other things, provide

legal assistance and other forms of support to immigrant communities and refugees,
advocate in favor of immigrant and refugee rights, educate the public and policymakers
about the enduring contributions of America’s immigrants, and promote justice and
equality of treatment in various areas of immigration and refugee law. All amici have a
direct interest in the outcome of this case.
2.

Amici are concerned about the real-life implications of the Executive

Order issued on March 6, 2017, entitled “Protecting the Nation from Foreign Terrorist
Entry into the United States” (the “Executive Order”). Amici are fundamentally
concerned with the interference in familial relations that will result from enforcement of
the Executive Order, as well as its limitations on immigration, non-immigrant travel,
and refugee resettlement.
3.

The proposed amicus brief, attached hereto as Exhibit A, explains why

the Executive Order is reviewable by this Court, how the Executive Order will harm
amici and the populations they serve, and how the Executive Order is unlawful.

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4.

Amici file this motion out of an abundance of caution because neither the

Federal Rules of Civil Procedure nor this Court’s Rules expressly address the filing of
an amicus curiae brief in connection with a motion for a temporary restraining order.
Plaintiffs have consented to this filing, while Defendants have taken no position.
CONCLUSION
Amici respectfully request that this Court grant them leave to file the amicus
curiae brief attached hereto.
Dated: Honolulu, Hawai‘i, March 10, 2017.
Respectfully submitted,
By: /s/ Lisa Woods Munger
LISA WOODS MUNGER
3858-0
[e-mail]
GOODSILL ANDERSON QUINN & STIFEL
A LIMITED LIABILITY LAW PARTNERSHIP LLP
First Hawaiian Center
999 Bishop Street, Suite 1600
Honolulu, Hawaii 96813
Telephone: [phone]
Facsimile:
[phone]
ALAN C. TURNER*
[e-mail]
SIMPSON THACHER & BARTLETT LLP
425 Lexington Avenue
New York, New York 10017
Telephone: [phone]
Facsimile:
[phone]
HARRISON J. (BUZZ) FRAHN IV*
[e-mail]
SIMPSON THACHER & BARTLETT LLP
2475 Hanover Street
2

Palo Alto, California 94304
Telephone: [phone]
Facsimile:
[phone]
*Pro hac vice application pending
Attorneys for Amici Curiae Human Rights
First, KIND (Kids in Need of Defense),
Tahirih Justice Center, and HIAS

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