State of Hawaii v. Trump

Filing 301

MEMORANDUM in Opposition re #293 Emergency MOTION to Clarify Scope of Preliminary Injunction re #291 Preliminary Injunction, filed by John F. Kelly, Rex Tillerson, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of State, United States of America. (Attachments: #1 Declaration of Lawrence E. Bartlett & Att. 1-3, #2 Exhibit A: Department of State FAQs, #3 Exhibit B: Emails from Rosenberg to Katyal, #4 Exhibit C: Department of State Fact Sheet re Refugee Program, #5 Exhibit D: Department of Homeland Security FAQs, #6 Certificate of Service)(Rosenberg, Brad)

Rosenberg, Brad (CIV)
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Rosenberg, Brad (CIV)
Thursday, June 29, 2017 6:53 PM
'Katyal, Neal K.'; Wall, Jeffrey B. (OSG); Swingle, Sharon (CIV); 'Roh Sinzdak, Colleen E.';
'Reich, Mitchell P.'
RE: Injunction: time sensitive

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Delivered: 6/29/2017 6:54 PM

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'Katyal, Neal K.'
Wall, Jeffrey B. (OSG)
Swingle, Sharon (CIV)
'Roh Sinzdak, Colleen E.'
'Reich, Mitchell P.'

Dear Neal:
FYI, the State Department’s website (available through the link below) has now been
updated to indicate that fiancés are included in the definition of a close familial
relationship.
Thanks,
-Brad

From: Rosenberg, Brad (CIV)
Sent: Thursday, June 29, 2017 6:39 PM
To: 'Katyal, Neal K.' <[e-mail]>; Wall, Jeffrey B. (OSG) <[e-mail]>; Swingle, Sharon
(CIV) <[e-mail]>; 'Roh Sinzdak, Colleen E.' <[e-mail]>; 'Reich, Mitchell
P.' <[e-mail]>
Subject: RE: Injunction: time sensitive

Dear Neal:
I am writing to follow-up on my email below.
DHS has now posted a Q&A on its
website: https://www.dhs.gov/news/2017/06/29/frequently-asked-questions-protectingnation-foreign-terrorist-entry-united-states
I am also attaching a carrier notice which was disseminated by CBP earlier today.

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Exhibit B

Finally, I want to give you a heads-up that the Government’s position on the status of
fiancés under the Supreme Court’s stay and the Department of State’s guidance from
earlier today is under imminent review.
Thanks,
-Brad

From: Rosenberg, Brad (CIV)
Sent: Thursday, June 29, 2017 4:43 PM
To: 'Katyal, Neal K.' <[e-mail]>; Wall, Jeffrey B. (OSG) <[e-mail]>; Swingle, Sharon
(CIV) <[e-mail]>; Roh Sinzdak, Colleen E. <[e-mail]>; Reich, Mitchell P.
<[e-mail]>
Subject: RE: Injunction: time sensitive

Dear Neal:
Thank you again for your email; the following guidance is now available online:
Department of State: https://travel.state.gov/content/travel/en/news/importantannouncement.html
Transcript of background call with government officials answering
questions: https://www.state.gov/r/pa/prs/ps/2017/06/272281.htm
I am also attaching guidance that the Department of State sent to refugee resettlement
partners earlier today; we anticipate that this guidance will be available online shortly.
As additional public guidance becomes available, I will forward it to you this evening.
As reflected in the guidance that is already available, the Government is in full
compliance with the preliminary injunction, as amended by the Supreme Court. If you
have any questions, please let us know.
Thanks,
-Brad

From: Katyal, Neal K. [mailto:[e-mail]]
Sent: Thursday, June 29, 2017 2:16 PM
To: Rosenberg, Brad (CIV) <[e-mail]>; Wall, Jeffrey B. (OSG) <[e-mail]>; Swingle, Sharon
(CIV) <[e-mail]>; Roh Sinzdak, Colleen E. <[e-mail]>; Reich, Mitchell P.
<[e-mail]>
Subject: Injunction: time sensitive
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Brad and Jeff,
We and our co-counsel have now reached out several times in an attempt to get information about how the
Government plans to implement the ban. We have heard from numerous sources, including Congressional
offices, regarding the Government’s plans. If the information we have heard is correct, then we believe that as
soon as the Government begins to implement the ban, it will be in violation of the injunction. Please provide us
clear information about the Government’s plans, including any internal guidance, by 5 pm EST, or we will have
no choice but to go to the District Court.
Thanks,
Neal

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