State of Hawaii v. Trump

Filing 303

REPLY re #293 Emergency MOTION to Clarify Scope of Preliminary Injunction re #291 Preliminary Injunction, filed by State of Hawaii. (Attachments: #1 Exhibit Proposed Order, #2 Certificate of Service)(Katyal, Neal)

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
Civil Action No. 1:17-cv-00050capacity as President of the United States;
DKW-KSC
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.

[PROPOSED] ORDER CLARIFYING SCOPE OF PRELIMINARY
INJUNCTION
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 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: (i) 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;
(ii) have a bona fide client relationship with a U.S. legal services
organization; or (iii) satisfy the qualifications for the Iraqi Direct Access
Program for “U.S.-affiliated Iraqis,” the Central American Minors
Program, or the Lautenberg Program.
3. The preliminary injunction bars defendants from suspending any part of
the refugee admission process, including any part of the “Advanced
Booking” process, for individuals with a bona fide relationship with a
U.S. person or entity.
4. 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.”

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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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