State of Hawaii v. Trump

Filing 297

MOTION for Leave to File Amici Curiae Brief Mateo Caballero appearing for Amicus Parties HIAS, International Refugee Assistance Project (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Certificate of Service)(Caballero, Mateo)

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ACLU of Hawaiʻi Foundation Mateo Caballero 10081 P.O. Box 3410 Honolulu, Hawaiʻi 96801 Tel: (808) 522-5908 Fax: (808) 522-5909 Attorneys for Amici Curiae (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-00050-DKWKSC MOTION FOR LEAVE TO FILE BRIEF OF INTERNATIONAL REFUGEE ASSISTANCE PROJECT AND HIAS AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS’ MOTION TO CLARIFY SCOPE OF PRELIMINARY INJUNCTION ADDITIONAL COUNSEL National Immigration Law Center Karen C. Tumlin† Nicholas Espíritu† Melissa S. Keaney† Esther Sung† 3435 Wilshire Boulevard, Suite 1600 Los Angeles, CA 90010 Tel: (213) 639-3900 Fax: (213) 639-3911 National Immigration Law Center Justin B. Cox 1989 College Ave. NE Atlanta, GA 30317 Tel: (678) 404-9119 Fax: (213) 639-3911 † pro hac vice forthcoming Attorneys for Amici Curiae American Civil Liberties Union Foundation Omar C. Jadwat† Lee Gelernt† Spencer E. Amdur† David Hausman† 125 Broad Street, 18th Floor New York, NY 10004 Tel: (212) 549-2600 Fax: (212) 549-2654 American Civil Liberties Union Foundation Cody H. Wofsy† 39 Drumm Street San Francisco, CA 94111 Tel: (415) 343-0770 Fax: (415) 395-0950 INTEREST OF AMICI CURIAE AND REASONS WHY THE MOTION SHOULD BE GRANTED The International Refugee Assistance Project (“IRAP”) and HIAS (formerly known as the Hebrew Immigrant Aid Society) respectfully move for leave to file an amici curiae brief in support of Plaintiffs’ Motion to Clarify Scope of Preliminary Injunction. A “district court has broad discretion to appoint amici curiae.” Hotowit v. Ray, 682 F.2d 1237, 1260 (9th Cir. 1982), abrogated on other grounds by Sandin v. Conner, 515 U.S. 472 (1995). “An amicus brief should normally be allowed when . . . the amicus has unique information or perspective that can help the court beyond the help that the lawyers for the parties are able to provide.” Cty. Ass’n for Restoration of the Env. (CARE) v. DeRuyter Bros. Dairy, 54 Supp. 2d 974, 975 (E.D. Wash. 1999) (citing N. Sec. Co. U.S., 191 U.S. 555, 556 (1902)); see also In re Roxford Foods Litig., 790 F. Supp. 987, 997 (N.D. Cal. 1991) (stating that courts generally “have exercised great liberality in permitting an amicus curiae to file a brief in a pending case”). Here, IRAP and HIAS fulfill “the classic role of amicus curiae by assisting in a case of general public interest, supplementing the efforts of counsel, and drawing the court’s attention to law that escaped consideration.” Miller-Wohl Co. v. Comm’r of Labor & Indus., 694 F.2d 203, 204 (9th Cir. 1982). 1 Both IRAP and HIAS are intimately involved in the refugee resettlement process and have in-depth knowledge of the United States Resettlement Assistance Program (“USRAP”). Founded in 2008, IRAP’s mission is to provide and facilitate free legal services for vulnerable populations around the world, including refugees, who seek to escape persecution and find safety in the United states and other Western countries. IRAP lawyers provide legal assistance to refugees and other immigrants to the United States throughout the resettlement process, an effort that typically requires hundreds of hours of legal representation over the course of many years navigating USRAP. IRAP’s client base includes refugees from Iraq, Afghanistan, Egypt, Eritrea, Ethiopia, Iran, Jordan, Kuwait, Libya, Pakistan, Palestine, Somalia, Sudan, Syria, Turkey, and Yemen. HIAS was founded in 1881 as the Hebrew Immigrant Aid Society to assist Jews fleeing pogroms in Russia and Eastern Europe. It is the world’s oldest—and only Jewish—refugee resettlement agency, designated by the federal government to undertake this humanitarian work through cooperative agreements with the U.S. Department of State (“DOS”) and the U.S. Department of Health and Human Services (“DHHS”). HIAS is assigned clients via the Department of State’s allocation process, which determines which refugee clients will be resettled by HIAS. Through its contracts with DOS and DHHS, HIAS is obligated to ensure that each refugee family is placed in a safe and stable environment and receives 2 training and support to integrate into U.S. society and become financially selfsufficient. These obligations range from ensuring that each refugee family is picked up at the airport upon arrival with appropriate language interpretation to making sure the refugee knows his or her address and how to make a phone call. Both IRAP and HIAS are plaintiffs in the related litigation challenging the Executive Order at issue here and consolidated with this case for oral argument before the Supreme Court. See Trump v. Int’l Refugee Assistance Project (“IRAP”), Nos. 16-1436 et al., ___ S. Ct. ___, 2017 WL 2722580 (June 26, 2017). IRAP and HIAS are intimately familiar with the consequences that the Executive Order and its predecessor have had and continue to have on USRAP, their clients, and the many of thousands of refugees seeking to enter the United States. IRAP and HIAS’ amici brief, attached hereto, highlights the inadequacies of the government’s interpretation of the scope of the stay ordered by the Supreme Court on June 26, 2017. // // // // // // 3 CONCLUSION For the foregoing reasons, IRAP and HIAS respectfully request that the Court grant its motion for leave to file the amici curiae brief attached hereto. DATED: Honolulu, Hawai`i, June 30, 2017. /s/ Mateo Caballero Mateo Caballero ACLU of Hawaiʻi Foundation Attorneys for Amici Curiae Karen C. Tumlin† Nicholas Espíritu† Melissa S. Keaney† Esther Sung† National Immigration Law Center Omar C. Jadwat† Lee Gelernt† Spencer E. Amdur† David Hausman† American Civil Liberties Union Foundation Justin B. Cox† National Immigration Law Center Cody H. Wofsy† American Civil Liberties Union Foundation † pro hac vice forthcoming 4

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