State of Hawaii v. Trump

Filing 329

Declaration re #328 MOTION to Enforce or, In the Alternative, to Modify Preliminary Injunction re #291 Preliminary Injunction, of Neal K. Katyal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 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.

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.

Civil Action No. 1:17-cv-00050DKW-KSC
DECLARATION OF NEAL K.
KATYAL IN SUPPORT OF
PLAINTIFFS’ MOTION TO
ENFORCE OR, IN THE
ALTERNATIVE, TO
MODIFY PRELIMINARY
INJUNCTION; EXHIBITS A,
B, C, D, E, & F IN SUPPORT
OF PLAINTIFFS’ MOTION
TO ENFORCE OR, IN THE
ALTERNATIVE, TO
MODIFY PRELIMINARY
INJUNCTION;
CERTIFICATE OF
SERVICE

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

2

DECLARATION OF NEAL K. KATYAL IN SUPPORT OF PLAINTIFFS’
MOTION TO ENFORCE OR, IN THE ALTERNATIVE, TO MODIFY
PRELIMINARY INJUNCTION
I, NEAL K. KATYAL, hereby state and declare as follows:
1.

I am counsel for Plaintiffs, the State of Hawai‘i and Ismail Elshikh. I

have personal knowledge of and am competent to testify to the truth of the matters
stated herein. This Declaration is submitted in support of Plaintiffs’ Motion to
Enforce or, In the Alternative, to Clarify Preliminary Injunction, filed concurrently
herewith.
2.

Attached as Exhibit A is a true and correct copy of a Department of

State cable, received by Plaintiffs from third parties on June 29, 2017, which
purports to provide guidance to consular offices regarding enforcement of Section
2(c) of Executive Order 13780.
3.

Attached as Exhibit B is a true and correct copy of an untitled

guidance document prepared by the Department of State and received by counsel
for Plaintiffs from counsel for Defendants on June 29, 2017. Counsel for
Defendants represented that this guidance soon would be publicly available online.
4.

Attached as Exhibit C is a true and correct copy of Department of

State guidance entitled “Executive Order on Visas” (June 29, 2017), available at:
https://travel.state.gov/content/travel/en/news/important-announcement.html.

3

5.

Attached as Exhibit D is a true and correct copy of the Declaration of

Lawrence E. Bartlett filed in this action on July 3, 2017 at Dkt. 301-1 in support of
Defendants’ Opposition to Emergency Motion to Clarify Scope of Preliminary
Injunction.
6.

Attached as Exhibit E is a true and correct copy of the Declaration of

Lawrence E. Bartlett, Director, Office of Admissions, Bureau of Population,
Refugees, and Migration, United States Department of State, publicly filed on
January 1, 2016 in Texas Health & Human Servs. Comm’n v. United States of Am.,
et al., Civ. Action No. 3:15-cv-3851 (DCG) (N.D. Tex.) at ECF No. 46-1.
7.

Attached as Exhibit F is a true and correct copy of a Department of

State email sent by Lawrence E. Bartlett to Voluntary Agencies on July 3, 2017,
and provided to counsel for Plaintiffs by a third party (email addresses and
recipient names have been redacted).
I declare under penalty of perjury that the foregoing is true and correct.
DATED:

Washington, D.C., July 8, 2017.
/s/ Neal K. Katyal
Neal K. Katyal

4