State of Hawaii v. Trump

Filing 293

Emergency MOTION to Clarify Scope of Preliminary Injunction re #291 Preliminary Injunction, Neal Katyal appearing for Plaintiff State of Hawaii (Attachments: #1 Memorandum Memorandum of Law in Support of Emergency Motion to Clarify, #2 Exhibit Proposed Order, #3 Certificate of Service)(Katyal, Neal)

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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 Civil Action No. 1:17-cv-00050capacity as President of the United States; DKW-KSC 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. [PROPOSED] ORDER CLARIFYING SCOPE OF PRELIMINARY INJUNCTION This matter came before the Court on Plaintiffs’ Emergency Motion to Clarify Scope of Preliminary Injunction (the “Motion”). Having considered the foregoing, the Court hereby GRANTS Plaintiffs’ Motion and CLARIFIES that the preliminary injunction entered on March 29, 2017 (Dkt. No. 270), amended on June 29, 2017 (Dkt. No. 291), and modified by subsequent decision of the United States Supreme Court, provides as follows: 1. The preliminary injunction prohibits Defendants from applying sections 2(c), 6(a) and 6(b) of Executive Order 13780 to exclude fiancés, grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States. 2. The preliminary injunction prohibits Defendants from applying sections 6(a) and 6(b) to exclude refugees who have a formal assurance from an agency within the United States that the agency will provide, or ensure the provision of, reception and placement services to that refugee. 3. The preliminary injunction prohibits Defendants from applying a presumption that an applicant lacks “a bona fide relationship with a person or entity in the United States.” DATED: Honolulu, Hawai‘i, ___________. _______________________ Derrick K. Watson U.S. District Judge State of Hawai‘i, et al. v. Trump, et al., Civil Action No. 1:17-cv-00050-DKWKSC; [Proposed] Order Clarifying Scope of Preliminary Injunction. 2

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