State of Hawaii v. Trump

Filing 328

MOTION to Enforce or, In the Alternative, to Modify Preliminary Injunction re #291 Preliminary Injunction, Neal Katyal appearing for Plaintiff State of Hawaii (Attachments: #1 Memorandum, #2 Exhibit Proposed Order on Motion to Enforce Preliminary Injunction, #3 Exhibit Proposed Order Modifying Preliminary Injunction, #4 Certificate of Service)(Katyal, Neal)

DOUGLAS S. CHIN (Bar No. 6465)
Attorney General of the State of Hawai‘i
DEPARTMENT OF THE ATTORNEY
GENERAL, STATE OF HAWAI‘I
425 Queen Street
Honolulu, HI 96813
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff, State of Hawai‘i

NEAL K. KATYAL*
HOGAN LOVELLS US LLP
555 Thirteenth Street NW
Washington, DC 20004
Telephone: [phone]
Fax: [phone]
*Admitted Pro Hac Vice
Attorneys for Plaintiffs, State of
Hawai‘i and Ismail Elshikh

(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.

Civil Action No. 1:17-cv-00050DKW-KSC

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.

MOTION TO ENFORCE OR,
IN THE ALTERNATIVE, TO
MODIFY PRELIMINARY
INJUNCTION

ADDITIONAL COUNSEL
CLYDE J. WADSWORTH (Bar No. 8495)
Solicitor General of the State of Hawai‘i
DEIRDRE MARIE-IHA (Bar No. 7923)
DONNA H. KALAMA (Bar No. 6051)
KIMBERLY T. GUIDRY (Bar No. 7813)
ROBERT T. NAKATSUJI (Bar No. 6743)
Deputy Attorneys General
DEPARTMENT OF THE ATTORNEY
GENERAL, STATE OF HAWAI‘I
425 Queen Street
Honolulu, HI 96813
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff, State of Hawai‘i

COLLEEN ROH SINZDAK*
MITCHELL P. REICH*
ELIZABETH HAGERTY*
HOGAN LOVELLS US LLP
555 Thirteenth Street NW
Washington, DC 20004
Telephone: [phone]
Fax: [phone]
Email:
[e-mail]
THOMAS P. SCHMIDT*
HOGAN LOVELLS US LLP
875 Third Avenue
New York, NY 10022
Telephone: [phone]
Fax: [phone]
SARA SOLOW*
ALEXANDER B. BOWERMAN*
HOGAN LOVELLS US LLP
1835 Market St., 29th Floor
Philadelphia, PA 19103
Telephone: [phone]
Fax: [phone]
*Admitted Pro Hac Vice
Attorneys for Plaintiffs, State of
Hawai‘i and Ismail Elshikh

MOTION TO ENFORCE OR, IN THE ALTERNATIVE, TO MODIFY
PRELIMINARY INJUNCTION
Pursuant to Local Rules 6.2, 7, and 10.2(g) for the United States District
Court for the District of Hawai‘i and Rule 7 of the Federal Rules of Civil
Procedure, Plaintiffs State of Hawai‘i (the “State”) and Dr. Ismail Elshikh, by and
through their counsel, respectfully request that the Court partially lift the April 3,
2017 Order staying these proceedings (Dkt. No. 279) for the limited purpose of
issuing an Order enforcing or, in the alternative, modifying the scope of the
Court’s June 19, 2017 amended preliminary injunction (Dkt. No. 291).
The Government has announced that it is implementing, and that it intends
to continue implementing, Executive Order 13780 in a manner that conflicts with
the portions of this Court’s preliminary injunction that were not stayed by the
Supreme Court’s June 26, 2017 ruling. Plaintiffs therefore request that the Court
issue an Order enforcing or modifying its preliminary injunction to reflect that: (1)
the injunction bars the Government from implementing the Executive Order
against grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles,
nieces, nephews, and cousins of persons in the United States; (2) the injunction
prohibits the Government from applying sections 6(a) and 6(b) to exclude refugees
who: (i) have a formal assurance from a resettlement agency within the United
States (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 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; and (4) the preliminary injunction
prohibits the Government from applying a presumption that an applicant lacks “a
bona fide relationship with a person or entity in the United States.”
The Government began implementing the Executive Order on June 29,
2017. Counsel for Plaintiffs contacted counsel for the Government on July 7, 2017
to advise them of their intention to file this motion. In light of the exigent
circumstances, Plaintiffs request that the Court consider their motion on an
emergency basis and shorten the time for consideration and any responsive briefing
pursuant to Local Rule 6.2. The court may also wish, in light of the extensive
briefing on these issues already, to forgo a hearing under Local Rule 7.2. A
supporting memorandum of law is attached.
DATED: Washington, D.C., July 8, 2017.
Respectfully submitted,

/s/ Neal K. Katyal
DOUGLAS S. CHIN (Bar No. 6465)
Attorney General of the State of Hawai‘i
CLYDE J. WADSWORTH (Bar No. 8495)
Solicitor General of the State of Hawai‘i
DEIRDRE MARIE-IHA (Bar No. 7923)
DONNA H. KALAMA (Bar No. 6051)
KIMBERLY T. GUIDRY (Bar No. 7813)
ROBERT T. NAKATSUJI (Bar No. 6743)
Deputy Attorneys General
DEPARTMENT OF THE ATTORNEY
GENERAL, STATE OF HAWAI‘I
Attorneys for Plaintiff, State of Hawai‘i

NEAL K. KATYAL*
COLLEEN ROH SINZDAK*
MITCHELL P. REICH*
ELIZABETH HAGERTY*
THOMAS P. SCHMIDT*
SARA SOLOW*
ALEXANDER B. BOWERMAN*
HOGAN LOVELLS US LLP
*Admitted Pro Hac Vice
Attorneys for Plaintiffs, State of
Hawai‘i and Ismail Elshikh