State of Hawaii v. Trump

Filing 294

Declaration of Neal K. Katyal in Support of #293 Plaintiff's Emergency MOTION to Clarify Scope of Preliminary Injunction re #291 Preliminary Injunction, . (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Certificate of Service)(Katyal, Neal) Modified on 6/30/2017 (emt, ).

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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: (808) 586-1500 Fax: (808) 586-1239 Attorneys for Plaintiff, State of Hawai‘i NEAL K. KATYAL* HOGAN LOVELLS US LLP 555 Thirteenth Street NW Washington, DC 20004 Telephone: (202) 637-5600 Fax: (202) 637-5910 *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 DECLARATION OF NEAL K. KATYAL IN SUPPORT OF PLAINTIFFS’ EMERGENCY MOTION TO CLARIFY SCOPE OF PRELIMINARY INJUNCTION; EXHIBITS A, B, C, D, & E IN SUPPORT OF PLAINTIFFS’ EMERGENCY MOTION TO CLARIFY SCOPE OF 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: (808) 586-1500 Fax: (808) 586-1239 Email: deirdre.marie-iha@hawaii.gov 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: (202) 637-5600 Fax: (202) 637-5910 Email: neal.katyal@hoganlovells.com THOMAS P. SCHMIDT* HOGAN LOVELLS US LLP 875 Third Avenue New York, NY 10022 Telephone: (212) 918-3000 Fax: (212) 918-3100 SARA SOLOW* ALEXANDER B. BOWERMAN* HOGAN LOVELLS US LLP 1835 Market St., 29th Floor Philadelphia, PA 19103 Telephone: (267) 675-4600 Fax: (267) 675-4601 *Admitted Pro Hac Vice Attorneys for Plaintiffs, State of Hawai‘i and Ismail Elshikh 2 DECLARATION OF NEAL K. KATYAL IN SUPPORT OF PLAINTIFFS’ EMERGENCY MOTION TO CLARIFY SCOPE OF 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 Declaration is submitted in support of Plaintiffs’ Emergency Motion to Clarify Scope of Preliminary Injunction, filed concurrently herewith. 2. Attached as Exhibit A is a true and correct copy of a Department of State cable, received by Plaintiffs from third parties on June 29, 2017, which purports to provide guidance to consular offices regarding enforcement of Section 2(c) of Executive Order 13780. 3. Attached as Exhibit B is a true and correct copy of an untitled guidance document prepared by the Department of State and received by counsel for Plaintiffs from counsel for Defendants on June 29, 2017. Counsel for Defendants represented that this guidance soon will be publicly available online. 4. Attached as Exhibit C is a true and correct copy of Department of State guidance entitled “Executive Order on Visas” (June 29, 2017), available at: https://travel.state.gov/content/travel/en/news/important-announcement.html. 5. Attached as Exhibit D is a true and correct copy of a transcript of a Department of State Special Briefing, “Background Briefing on the 3 Implementation of Executive Order 13780 Protecting the Nation from Foreign Terrorist Entry into the United States” (June 29, 2017), available at: https://www.state.gov/r/pa/prs/ps/2017/06/272281.htm. 6. Attached as Exhibit E is a true and correct copy of a blank Reception and Placement Assurance Form prepared by the Refugee Processing Center of Arlington, Virginia, to be completed by a U.S.-based resettlement agency. I declare under penalty of perjury that the foregoing is true and correct. DATED: Washington, D.C., June 29, 2017. /s/ Neal K. Katyal Neal K. Katyal 4

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