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)

Download PDF
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 GRANTING PLAINTIFFS’ MOTION TO ENFORCE PRELIMINARY INJUNCTION This matter came before the Court on Plaintiffs’ Emergency Motion To Enforce Or, In The Alternative, To Modify Preliminary Injunction (the “Motion”). Having considered the foregoing, the Court hereby GRANTS Plaintiffs’ Motion. In order to ensure the Government’s compliance with the preliminary injunction entered on March 29, 2017 (Dkt. No. 270), amended on June 19, 2017 (Dkt. No. 291), and partially stayed by subsequent decision of the United States Supreme Court, Defendants are hereby enjoined from: 1. Applying section 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. 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. 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. Applying a presumption that an applicant lacks “a bona fide relationship with a person or entity in the United States.” Defendants must notify the Court of their compliance with this Order within 24 hours. 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 Granting Plaintiffs’ Motion to Enforce Preliminary Injunction. 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?