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, ).

The Supreme Court’s order in Trump v. International Refugee Assistance Project,
No. 16-1436 (June 26, 2017) provides that Sections 6(a) and 6(b) of Executive
Order 13780 “may not be enforced against an individual seeking admission as a
refugee who can credibly claim a bona fide relationship with a person or entity in
the United States.” As stated in the Supreme Court’s order “for individuals, a
close familial relationship is required. … As for entities, the relationship must be
formal, documented and formed in the ordinary course, rather than for the purpose
of evading [the Order].”
Upon advice of our legal counsel, we are providing the following guidance.
A refugee who has one of the following relationships with a person already in the
United States will be considered to have a credible claim to a bona fide
relationship with a person in the United States upon presentation of sufficient
documentation or other verifiable information supporting that relationship: a
parent (including parent-in-law), spouse, child, adult son or daughter, son-in-law,
daughter-in-law, sibling, whether whole or half. This includes step
relationships. The following relationships do not qualify: grandparents,
grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-law and sistersin-law, fiancés, and any other “extended” family members.
A refugee who has a relationship with an entity in the United States that is formal,
documented, and formed in the ordinary course will be considered to have a
credible claim to a bona fide relationship with that entity upon presentation of
sufficient documentation or other verifiable information supporting that
relationship. The fact that a resettlement agency in the United States has provided
a formal assurance for a refugee seeking admission, however, is not sufficient in
and of itself to establish a qualifying relationship for that refugee with an entity in
the United States.
We will be providing additional guidance in coming days about the processes for
verifying a bona fide relationship with a person or entity in the United States. As a
reminder, refugees already scheduled for travel through July 6 will be permitted to
travel regardless of whether they have such a relationship.

EXHIBIT B