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)

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.

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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 Granting Plaintiffs’ Motion to Enforce Preliminary
Injunction.
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