State of Hawaii v. Trump

Filing 238

MOTION to Convert Temporary Restraining Order to Preliminary Injunction Neal Katyal appearing for Plaintiff State of Hawaii (Attachments: # 1 Memorandum, # 2 Exhibit Proposed Order, # 3 Certificate of Service)(Katyal, Neal)

DOUGLAS S. CHIN (Bar No. 6465)
Attorney General of the State of Hawai‘i
DEPARTMENT OF THE ATTORNEY
GENERAL, STATE OF HAWAI‘I
425 Queen Street
Honolulu, HI 96813
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff, State of Hawai‘i

NEAL K. KATYAL*
HOGAN LOVELLS US LLP
555 Thirteenth Street NW
Washington, DC 20004
Telephone: [phone]
Fax: [phone]
*Admitted Pro Hac Vice
Attorneys for Plaintiffs, State of
Hawai‘i and Ismail Elshikh

(See Next Page For Additional Counsel)
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.

Civil Action No. 1:17-cv-00050DKW-KSC
PLAINTIFFS’ MOTION TO
CONVERT TEMPORARY
RESTRAINING ORDER TO
A PRELIMINARY
INJUNCTION;
MEMORANDUM IN
SUPPORT OF PLAINTIFFS’
MOTION TO CONVERT
TEMPORARY
RESTRAINING ORDER TO
A PRELIMINARY
INJUNCTION; PROPOSED
ORDER; CERTIFICATE OF
SERVICE

ADDITIONAL COUNSEL
CLYDE J. WADSWORTH (Bar No. 8495)
Solicitor General of the State of Hawai‘i
DEIRDRE MARIE-IHA (Bar No. 7923)
DONNA H. KALAMA (Bar No. 6051)
KIMBERLY T. GUIDRY (Bar No. 7813)
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]
Email: [e-mail]
Attorneys for Plaintiff, State of Hawai‘i

COLLEEN ROH SINZDAK*
MITCHELL P. REICH*
ELIZABETH HAGERTY*
HOGAN LOVELLS US LLP
555 Thirteenth Street NW
Washington, DC 20004
Telephone: [phone]
Fax: [phone]
Email:
[e-mail]
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]
*Admitted Pro Hac Vice
Attorneys for Plaintiffs, State of
Hawai‘i and Ismail Elshikh

2

PLAINTIFFS’ MOTION TO CONVERT TEMPORARY RESTRAINING
ORDER TO A PRELIMINARY INJUNCTION
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, Plaintiffs, the
State of Hawai‘i and Ismail Elshikh, by and through counsel, hereby move this
Honorable Court to convert its Temporary Restraining Order of March 15, 2017 to
a Preliminary Injunction, prohibiting Defendants from enforcing and implementing
Sections 2 and 6 of the March 6, 2017 Executive Order issued by Defendant
Donald J. Trump (the “Executive Order”). Those provisions of the Executive
Order, inter alia, impose a nationwide ban on the “entry” of foreign nationals from
six Muslim-majority countries for 90 days, and suspend the United States Refugee
Admissions Program for a period of 120 days.
Plaintiffs previously moved for a temporary restraining order prohibiting the
enforcement of Sections 2 and 6 of the Executive Order nationwide (Dkt. No. 65),
and this Court entered a Temporary Restraining Order (“TRO”) providing such
relief on March 15, 2017. Dkt. No. 219. For the same reasons that this Court
entered a TRO, it should convert the TRO to a preliminary injunction. This Court
found that Plaintiffs were likely to succeed on the merits of their claim that
Sections 2 and 6 of the Executive Order inflict state-sanctioned discrimination
towards Muslims in violation of the Establishment Clause of the First Amendment
of the United States Constitution. Id. at 28-40. Additionally, Sections 2 and 6 of
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the Executive Order violate the Immigration and Nationality Act (“INA”), 8 U.S.C.
§ 1101 et seq., by discriminating on the basis of national origin and by
contravening the INA’s finely reticulated system of immigration controls, and
violate individuals’ Due Process Clause rights under the Fifth Amendment of the
U.S. Constitution.
These discriminatory and unlawful 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 Plaintiffs. As an immediate remedy, and to
maintain the status quo while more permanent solutions may be considered,
Plaintiffs ask that the Court convert the Temporary Restraining Order entered on
March 15, 2017, to a preliminary injunction, thereby enjoining Defendants from
enforcing or implementing Sections 2 and 6 of the Executive Order nationwide.
This motion is supported by the attached Memorandum in Support of
Plaintiffs’ Motion to Convert Temporary Restraining Order to a Preliminary
Injunction, an accompanying declaration and exhibits, 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: Washington, D.C., March 21, 2017.

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Respectfully submitted,
/s/ Neal K. Katyal
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)
DONNA H. KALAMA (Bar No. 6051)
KIMBERLY T. GUIDRY (Bar No. 7813)
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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NEAL K. KATYAL*
COLLEEN ROH SINZDAK*
MITCHELL P. REICH*
ELIZABETH HAGERTY*
THOMAS P. SCHMIDT*
SARA SOLOW*
ALEXANDER B. BOWERMAN*
HOGAN LOVELLS US LLP
*Admitted Pro Hac Vice
Attorneys for Plaintiffs, State of
Hawai‘i and Ismail Elshikh