State of Hawaii v. Trump
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI‘I
STATE OF HAWAI‘I and ISMAIL
DONALD J. TRUMP, in his official
Civil Action No. 1:17-cv-00050capacity 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,
[PROPOSED] ORDER CLARIFYING SCOPE OF PRELIMINARY
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.
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