State of Hawaii v. Trump

Filing 2

MOTION for Temporary Restraining Order Douglas S.G. Chin appearing for Plaintiff State of Hawaii (Attachments: # 1 Memorandum in Support of TRO, # 2 Certificate with Word Count, # 3 Proposed TRO)(Chin, Douglas)

DOUGLAS S. CHIN (Bar No. 6465)
Attorney General of the State of Hawai‘i
CLYDE J. WADSWORTH (Bar No. 8495)
Solicitor General of the State of Hawai‘i
DEIRDRE MARIE-IHA (Bar No. 7923)
DEPARTMENT OF THE ATTORNEY
GENERAL, STATE OF HAWAI‘I
425 Queen Street
Honolulu, HI 96813
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

NEAL K. KATYAL*
HOGAN LOVELLS US LLP
555 Thirteenth Street NW
Washington, DC 20004
Telephone: [phone]
Fax: [phone]
Email:
[e-mail]
*Pro Hac Vice Application
Forthcoming

Attorneys for Plaintiff, State of Hawai‘i
(See Next Page For Additional Counsel)
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; U.S.
Civil Action No.
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 Acting Secretary of
State; and the UNITED STATES OF AMERICA,
Defendants.
PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER

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ADDITIONAL COUNSEL
KIMBERLY T. GUIDRY (Bar No. 7813)
DONNA H. KALAMA (Bar No. 6051)
ROBERT T. NAKATSUJI (Bar No. 6743)
Deputy Attorneys General
DEPARTMENT OF THE ATTORNEY
GENERAL, STATE OF HAWAI‘I
425 Queen Street
Honolulu, HI 96813
Telephone: [phone]
Fax: [phone]

COLLEEN ROH SINZDAK*
MITCHELL P. REICH*
ELIZABETH HAGERTY*
HOGAN LOVELLS US LLP
555 Thirteenth Street NW
Washington, DC 20004
Telephone: [phone]
Fax: [phone]
THOMAS P. SCHMIDT*
HOGAN LOVELLS US LLP
875 Third Avenue
New York, NY 10022
Telephone: [phone]
Fax: [phone]
SARA SOLOW*
ALEXANDER B. BOWERMAN*
HOGAN LOVELLS US LLP
1835 Market St., 29th Floor
Philadelphia, PA 19103
Telephone: [phone]
Fax: [phone]
*Pro Hac Vice Applications
Forthcoming

Attorneys for Plaintiff, State of Hawai‘i

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PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER
Pursuant to Rules 7 and 65 of the Federal Rules of Civil Procedure and
Local Rule 7.2 for the U.S. District Court for the District of Hawaii, Plaintiff State
of Hawai‘i, by and through its counsel, hereby moves this Honorable Court for a
temporary restraining order prohibiting Defendants from enforcing and
implementing key portions of the January 27, 2017 Executive Order issued by
Defendant Donald J. Trump (the “Executive Order”), which imposes a nationwide
ban on immigrants and travelers from seven Muslim-majority countries.
Specifically, Sections 3(c), 5(a)-(c), and 5(e) reflect blatant state-sanctioned
preference for Christian refugees and disfavor toward Muslims, in violation of the
First and Fifth Amendments to the United States Constitution. They also fail to
provide appropriate protections for those detained pursuant to the Executive Order
and thereby violating the Fourteenth Amendment.
The foregoing harassing and discriminatory provisions of the Executive
Order have no place in the State of Hawai‘i, where Defendants’ actions have
caused, and continue to cause, irreparable injury to Plaintiff. As an immediate
remedy, and to maintain the status quo while more permanent solutions may be
considered, Plaintiff asks that the Court enter a temporary restraining order
enjoining Defendants from enforcing or implementing Sections 3(c), 5(a)-(c), and

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5(e) of the Executive Order nationwide. Plaintiff further requests that the Court set
an expedited hearing to determine whether such order should remain in place.
This motion is supported by the attached Memorandum in Support of
Plaintiff’s Motion for Temporary Restraining Order, accompanying declarations,
and the records and files in this action, as well as any additional submissions and
oral argument that may be considered by the Court.
DATED:

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

NEAL K. KATYAL*
COLLEEN ROH SINZDAK*
MITCHELL P. REICH*
ELIZABETH HAGERTY*
THOMAS P. SCHMIDT*
SARA SOLOW*
ALEXANDER B. BOWERMAN*
HOGAN LOVELLS US LLP
*Pro Hac Vice Applications
Forthcoming

DOUGLAS S. CHIN (Bar No. 6465)
Attorney General of the State of Hawai‘i
CLYDE J. WADSWORTH (Bar No.
8495)
Solicitor General of the State of Hawai‘i
DEIRDRE MARIE-IHA (Bar No. 7923)
KIMBERLY T. GUIDRY (Bar No. 7813)
DONNA H. KALAMA (Bar No. 6051)
ROBERT T. NAKATSUJI (Bar No.
6743)
Deputy Attorneys General
DEPARTMENT OF THE ATTORNEY
GENERAL, STATE OF HAWAI‘I

Attorneys for Plaintiff, State of Hawai‘i

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