State of Hawaii v. Trump

Filing 315

Errata re #303 Reply, Proposed Order. (Attachments: #1 Errata Proposed Order, #2 Certificate of Service)(Katyal, Neal)

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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) are in the U.S. Refugee Admissions Program (“USRAP”) through 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.” 2 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. 3

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