State of Hawaii v. Trump

Filing 198

MEMORANDUM re 65 MOTION for Temporary Restraining Order [MUSLIM ADVOCATES, AMERICAN MUSLIM HEALTH PROFESSIONALS, MUPPIES, INC., THE NATIONAL ARAB AMERICAN MEDICAL ASSOCIATION, AND NETWORK OF ARAB-AMERICAN PROFESSIONALS' BRIEF OF AMICI CURIAE IN SUPPORT OF PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER], filed by American Muslim Health Professionals, Muppies, Inc., Muslim Advocates, Network of Arab-American Professionals, The National Arab American Medical Association. (Attachments: # 1 Declaration of Anton A. Ware, # 2 Exhibit 1 - Shutdown Press Release, # 3 Exhibit 2 - Anderson Cooper Interview, # 4 Exhibit 3 - State Rudy Guiliani, # 5 Exhibit 4 - Miller on Fox News, # 6 Exhibit 5 - WaPo Kansas Suspect, # 7 Exhibit 6 - Seattle Kent, # 8 Exhibit 7 - Fire store owner, # 9 Exhibit 8 - WaPo pipe attack, # 10 Exhibit 9 - Spate of mosque fires stretches across the country, # 11 Exhibit 10 - Politico absolute no choice but to close down mosques, # 12 Exhibit 11 - Georgetown Bridge Initiative Trump Cites Flowed Poll, # 13 Exhibit 12 - Republican Candidates Debate in North Charleston, South Carolina, # 14 Exhibit 13 - Transcript Donald Trump's national security speech, # 15 Exhibit 14 - 60 Minutes Trranscript, # 16 Exhibit 15 - Meet the Press, # 17 Exhibit 16 - Presidential Candidates Debates, # 18 Exhibit 17 - Christian Broadcasting Network, # 19 Exhibit 18 - Donald Trump on Twitter defends Muslim ban, calls work a 'horrible mess', # 20 Exhibit 19 - Pew Reseach Center 2016 Refugees, # 21 Exhibit 20 - DJT Tweet, # 22 Exhibit 21 - So called judge tweet, # 23 Exhibit 22 - See you in court tweet, # 24 Exhibit 23 - Sean Spicer press conference, # 25 Exhibit 24 - Stephen Miller key engineer, # 26 Exhibit 25 - Stephen Miller Islamofascism, # 27 Exhibit 26 - Pew Forum, # 28 Exhibit 27 - State Dept Country Report, # 29 Exhibit 28 - DHS, # 30 Exhibit 29 - DOJ Iraqi Kentucky, # 31 Exhibit 30 - Cato, # 32 Exhibit 31 - Lawfare, # 33 Exhibit 32 - Brennan Center, # 34 Exhibit 33 - Letter Former Officials on March 6 EO, # 35 Exhibit 34 - Trump delays new travel ban after well-reviewed speech - CNN Politics, # 36 Exhibit 35 - Families hoping to make the U.S., # 37 Exhibit 36 - Trump Muslim ban is tearing apart families, # 38 Exhibit 37 - Children and Refugees Who Planned Medical Care in the US Stuck After Trump Executive Order - Health News - ABC News Radio, # 39 Exhibit 38 - Trump's Travel Ban, Aimed at Terrorists, Has Blocked Doctors - The New York Times, # 40 Certificate of Service)(Kacprowski, Nickolas) Modified on docket title text on 3/14/2017 (ecs, ).

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EXHIBIT 35 2/16/2017 Families hoping to make the U.S. their home scramble to rearrange their lives - LA Times Families hoping to make the U.S. their home scramble to rearrange their lives Syrians evacuated from the embattled city of Aleppo during a cease-fire arrive Dec. 19 at a refugee camp near Idlib. (Associated Press) By Shashank Bengali, Nabih Bulos and Ramin Mostaghim JANUARY 27, 2017, 4:15 PM H | REPORTING FROM TEHRAN ours of interviews, months of waiting: they were a small price to pay for Syrians, Iranians and others hoping the U.S. would be their new home. President Trump appeared to end those hopes Friday with an executive order that was expected to bar refugees from entering the United States, including citizens of several Muslim-majority nations. For Syrians attempting to flee the nearly six-year-old civil war in their country, Trump’s policy, based on a draft of the order, would indefinitely suspend their chances of finding refuge in the U.S., a country that many blame for failing to stop the conflict. For citizens of countries including Iran, Iraq, Libya, Somalia, Sudan and Yemen — whose visa applications would be blocked until a new “extreme vetting” procedure is put in place — the policy would separate families, Presidents Day Sale! Get 90% off. Ends 2/22. keep parents from attending their children’s weddings and perhaps make it tougher for green-card holders to SAVE NOW › come home to the U.S. 1/4 2/16/2017 Families hoping to make the U.S. their home scramble to rearrange their lives - LA Times “Why is Trump victimizing Iranians as people?” asked a 45-year-old engineer in Tehran, who asked that his name be withheld because he did not want to run afoul of U.S. authorities. Even before Trump signed the executive order Friday afternoon, families in the affected countries reacted to reports about a draft of the policy obtained by the Los Angeles Times and other news organizations. The Iranian engineer and his wife had traveled to Cyprus to apply for asylum in the U.S., because Iran and the U.S. have not had diplomatic relations since 1979. The couple’s 18-year-old daughter is autistic, he said, and refuses to wear a headscarf, which has gotten her arrested by Iran’s moral police. “The education and medical care of an autistic child is breaking me financially,” he said. “I hoped that in America we could afford to get her better care and schooling.” Syrians who were in the middle of a lengthy, difficult process to apply for asylum in the U.S. suddenly found their petitions stuck in limbo, with no word as to whether their scheduled interviews would take place. Abdul Jabbar Yousef, a 33-year old native of Homs, Syria, who is applying for asylum in the U.S., had gone through two interviews over the past year but was unsure if his third interview, scheduled for two weeks from now, was still on. The father of three left Homs in late 2012 and settled in Jordan, before migration officials contacted him and asked if he wanted to go to the U.S. This week he called the International Organization for Migration, which processes asylum cases, but officers there said they had heard nothing. “We asked if they could switch our case to another country, and they said it was unlikely,” Yousef said. For Abdul Salam Hussein, 21, going to America meant a chance to complete his studies. His family had applied for asylum in the U.S. two years ago, after they fled the northern Syrian city of Aleppo in early 2014. His parents, along with most of his younger brothers and sisters, had already been granted asylum, but Hussein was forced to apply separately when he turned 21. He hoped to become a journalist and prepared for the TOEFL, an English proficiency test foreign students must take to apply for U.S. universities. He had also picked up some Turkish and German living in the city of Bursa, roughly 60 miles south of Istanbul. “My older brother was a geography teacher in Syria, but now he’s working in a garment factory. … It’s not right. That’s why we wanted to go to America,” he said in a phone interview this week. With prospects of getting refuge in America dimming, Hussein wondered whether he should have risked his life to join the throngs of Syrians who have fled the country by sea. Presidents Day Sale! SAVE NOW › “We’ve 90% off.two years if this happens,” he said. “I could have gone to Europe in the boat. I have friends of Get wasted Ends 2/22. mine who applied to Canada, and they are there now. I’m still in Turkey.” 2/4 2/16/2017 Families hoping to make the U.S. their home scramble to rearrange their lives - LA Times Yet he remained sanguine. “We learned from the war not to regret anything,” he said. “What can I do? Sit down and cry? If they don’t [let me into the U.S.] then I’ll try somewhere else.” Jamal Abdi, policy director for the National Iranian American Council, an advocacy group based in Washington, said the order had been generating insecurity and uncertainty. “We’re already inundated with calls and emails from people about travel plans they’re putting on hold, spouses and family members who are currently traveling and not able to come back to the U.S., a large Iranian student population who are at international conferences and potentially stuck in limbo,” Abdi said. The language in the executive order was so broad, Abdi said, that it was not immediately clear whether greencard holders — who have undergone strict vetting to become permanent U.S. residents — would be allowed to come back to the United States if they were currently overseas. Simindokht Shirvani, a green-card holder from Iran who lives in Southern California, has been with her pregnant daughter in Iran for the past month and is unsure whether she will be allowed to return to the U.S. Shirvani, a member of the Bahai religious minority that has complained of widespread discrimination in Iran, said she was shocked at the news. She hoped Trump’s policy would make an exception for her faith, as reports suggested that “religious minorities” in the majority-Muslim countries would be exempted from the ban. “But I am worried about my fellow countrymen and women who are Muslims and may not be admitted to U.S. soil even with a green card,” said Shirvani, a 65-year-old widow. “It is not fair.” Hadi Kargar, a retired Iranian education ministry employee in Tehran, and his wife were hoping in February to visit their daughter in Boston, where she is earning a master’s degree focusing on human rights. Two years ago they obtained a U.S. visa from the U.S. consulate in Dubai. They have an appointment there scheduled for next week, but after hearing reports that U.S. authorities have suspended visa interviews for Iranians, they have no idea whether to spend the more than $1,000 it will cost to get to Dubai. “We do not know what the answer of the U.S. will be — it is less than 10 days from now,” said Kargar, 60. “Hearing the news my wife got so worried that she is sick now. We don’t want to migrate to America — we just want to see our daughter.” Foreign students in the U.S. were anticipating being separated from loved ones. At a pro-immigrant demonstration in New York this week, Saeed Vasebi, a 28-year-old doctoral student from northwestern Iran, said he was unsure whether he could return home this summer to visit his family and Presidents Day Sale! girlfriend and still be2/22. Get 90% off. Ends allowed to come back and complete his degree in renewable energy. SAVE NOW › 3/4 2/16/2017 Families hoping to make the U.S. their home scramble to rearrange their lives - LA Times “If I leave this country, I cannot get back and I cannot finish my PhD,” said Vasebi, who held a placard that read, “We are students, not terrorists.” “I don’t know that I can ask my girlfriend to wait four more years for me. We were planning to get married. I can apply for a new visa in Iran. I can ask her to apply for a visa. But it is not a sure thing.” Some institutions were already taking action before Trump signed the order. At a major teaching hospital in Ohio, one official said he had sent instructions to administrators telling them to cancel offers of residency to medical students from some countries. “We are literally going to look at ‘Country of origin’ and remove the applicant based on [that],” said the official, who did not want to be named criticizing the policy. “Can’t get more racist than that.” Special correspondents Mostaghim reported from Tehran and Bulos from Amman, Jordan, and staff writer Bengali from Mumbai, India. Staff writer Barbara Demick in New York contributed to this report. Follow @SBengali on Twitter for more news from South Asia Copyright © 2017, Los Angeles Times This article is related to: Middle East, Iran, Syria, Africa, Turkey Presidents Day Sale! Get 90% off. Ends 2/22. SAVE NOW › 4/4

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