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 MODIFYING 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. The Court MODIFIES 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, to
provide as follows:

Defendants JOHN F. KELLY, in his official capacity as Secretary of Homeland
Security; REX W. TILLERSON, in his official capacity as Secretary of State; and
all their respective officers, agents, servants, employees, and attorneys, and persons
in active concert or participation with them, are hereby enjoined from enforcing or
implementing Sections 2 and 6 of Executive Order No. 13780 across the Nation—
except for those portions of Sections 2 and 6 providing for internal review
procedures that do not burden individuals outside of the executive branch of the
federal government. Enforcement of the enjoined provisions in all places,
including the United States, at all United States borders and ports of entry, and in
the issuance of visas is prohibited, pending further orders from this Court.
Defendants and all their respective officers, agents, servants, employees, and
attorneys, and persons in active concert or participation with them who receive
actual notice of this Order, hereby are enjoined fully from the following:
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

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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.”

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 Modifying Preliminary Injunction.
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