State of Hawaii v. Trump

Filing 253

Declaration re 252 Reply to Response to Motion, Supplemental Declaration of Neal K. Katyal. (Attachments: # 1 Exhibit D (DHS Fact Sheet), # 2 Exhibit E (DHS Q&A), # 3 Exhibit F (N.Y. Times Article), # 4 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.

\\DC - 069620/000007 - 10182408 v1

Civil Action No. 1:17-cv-00050DKW-KSC
SUPPLEMENTAL
DECLARATION OF NEAL K.
KATYAL IN SUPPORT OF
PLAINTIFFS’ MOTION TO
CONVERT TEMPORARY
RESTRAINING ORDER TO
A PRELIMINARY
INJUNCTION; EXHIBITS D,
E, AND F IN SUPPORT OF
PLAINTIFFS’ MOTION TO
CONVERT TEMPORARY
RESTRAINING ORDER TO
A PRELIMINARY
INJUNCTION;
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

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SUPPLEMENTAL DECLARATION OF NEAL K. KATYAL IN SUPPORT
OF PLAINTIFFS’ MOTION TO CONVERT TEMPORARY
RESTRAINING ORDER TO A PRELIMINARY INJUNCTION
I, NEAL K. KATYAL, hereby state and declare as follows:
1.

I am counsel for Plaintiffs, the State of Hawai‘i and Ismail Elshikh. I

have personal knowledge of and am competent to testify to the truth of the matters
stated herein. This Supplemental Declaration is submitted in support of Plaintiffs’
Reply in Support of Motion to Convert Temporary Restraining Order to a
Preliminary Injunction, filed concurrently herewith.
2.

Attached as Exhibit D is a true and correct copy of a publication from

the U.S. Department of Homeland Security, Office of Public Affairs, published
electronically on March 21, 2017. See U.S. Dep’t of Homeland Security, Fact
Sheet: Aviation Security Enhancements for Select Last Point of Departure Airports
with Commercial Flights to the United States (Mar. 21, 2017),
https://goo.gl/FQ4Mbt.
3.

Attached as Exhibit E is a true and correct copy of a publication from

the U.S. Department of Homeland Security, Office of the Press Secretary,
published electronically on March 21, 2017 and updated on March 24, 2017. See
U.S. Dep’t of Homeland Security, Q&A: Aviation Security Enhancements for
Select Last Point of Departure Airports with Commercial Flights to the United
States (updated Mar. 24, 2017), https://goo.gl/7rS8vS.

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4.

Attached as Exhibit F is a true and correct copy of a New York Times

article published electronically on March 23, 2017 and in print on March 24, 2017.
See Michael D. Shear, Trump Administration Orders Tougher Screening of Visa
Applicants, N.Y. Times (Mar. 23, 2017), https://goo.gl/aJQ4m0.

I declare under penalty of perjury that the foregoing is true and correct.
DATED:

Washington, D.C., March 25, 2017.
/s/ Neal K. Katyal
Neal K. Katyal

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