State of Hawaii v. Trump

Filing 336

MOTION for Leave to File Amici Curiae Brief Justin B. Cox appearing for Amicus Parties HIAS, International Refugee Assistance Project (Attachments: #1 Exhibit A - Proposed Brief, #2 Exhibit Declaration of Mark Hetfield, President and CEO of HIAS, Inc, #3 Exhibit Supplemental Declaration of Mark Hetfield, President and CEO of HIAS, Inc, #4 Exhibit Declaration of Rebecca Heller, Director of the International Refugee Assistance Project, #5 Exhibit Declaration of General John R. Allen, #6 Exhibit Declaration of (SEALED), #7 Exhibit Declaration of Allen R. Vaught, #8 Proposed Order, #9 Certificate of Service)(Cox, Justin) Modified by (afc) on 7/11/2017: Per direction of the Chambers of Judge Derrick K. Watson: - VIEWING RESTRICTED -

ACLU of Hawai’i Foundation

National Immigration Law Center

Mateo Caballero 10081
P.O. Box 3410
Honolulu, Hawai’i 96801
Tel: [phone]
Fax: [phone]
[e-mail]

Justin B. Cox†
1989 College Ave. NE
Atlanta, GA 30317
Tel: [phone]
Fax: [phone]
[e-mail]

Attorneys for Amici Curiae
(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-00050-DKWKSC
MOTION FOR LEAVE TO FILE
BRIEF OF INTERNATIONAL
REFUGEE ASSISTANCE
PROJECT AND HIAS AS AMICI
CURIAE IN SUPPORT OF
PLAINTIFFS’ MOTION TO
ENFORCE OR, IN THE
ALTERNATIVE, TO MODIFY
PRELIMINARY INJUNCTION

ADDITIONAL COUNSEL

National Immigration Law Center

American Civil Liberties Union
Foundation

Karen C. Tumlin†
Nicholas Espíritu†
Melissa S. Keaney†
Esther Sung†
3435 Wilshire Boulevard, Suite 1600
Los Angeles, CA 90010
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Omar C. Jadwat†
Lee Gelernt†
Spencer E. Amdur†
125 Broad Street, 18th Floor
New York, NY 10004
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

† appearing pro hac vice

Attorneys for Amici Curiae

American Civil Liberties Union
Foundation
Cody H. Wofsy†
39 Drumm Street
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
[e-mail]

INTEREST OF AMICI CURIAE AND REASONS WHY THE MOTION
SHOULD BE GRANTED
The International Refugee Assistance Project (“IRAP”) and HIAS (formerly
known as the Hebrew Immigrant Aid Society) respectfully move for leave to file an
amici curiae brief in support of Plaintiffs’ Motion to Clarify Scope of Preliminary
Injunction.
A “district court has broad discretion to appoint amici curiae.” Hotowit v. Ray,
682 F.2d 1237, 1260 (9th Cir. 1982), abrogated on other grounds by Sandin v.
Conner, 515 U.S. 472 (1995). “An amicus brief should normally be allowed when .
. . the amicus has unique information or perspective that can help the court beyond
the help that the lawyers for the parties are able to provide.” Cty. Ass’n for
Restoration of the Env. (CARE) v. DeRuyter Bros. Dairy, 54 Supp. 2d 974, 975 (E.D.
Wash. 1999) (citing N. Sec. Co. U.S., 191 U.S. 555, 556 (1902)); see also In re
Roxford Foods Litig., 790 F. Supp. 987, 997 (N.D. Cal. 1991) (stating that courts
generally “have exercised great liberality in permitting an amicus curiae to file a
brief in a pending case”). Here, IRAP and HIAS fulfill “the classic role of amicus
curiae by assisting in a case of general public interest, supplementing the efforts of
counsel, and drawing the court’s attention to law that escaped consideration.” MillerWohl Co. v. Comm’r of Labor & Indus., 694 F.2d 203, 204 (9th Cir. 1982).
Both IRAP and HIAS are intimately involved in the refugee resettlement
process and have in-depth knowledge of the United States Resettlement Assistance
1

Program (“USRAP”). Founded in 2008, IRAP’s mission is to provide and facilitate
free legal services for vulnerable populations around the world, including refugees,
who seek to escape persecution and find safety in the United states and other Western
countries. IRAP lawyers provide legal assistance to refugees and other immigrants
to the United States throughout the resettlement process, an effort that typically
requires hundreds of hours of legal representation over the course of many years
navigating USRAP. IRAP’s client base includes refugees from Iraq, Afghanistan,
Egypt, Eritrea, Ethiopia, Iran, Jordan, Kuwait, Libya, Pakistan, Palestine, Somalia,
Sudan, Syria, Turkey, and Yemen.
HIAS was founded in 1881 as the Hebrew Immigrant Aid Society to assist
Jews fleeing pogroms in Russia and Eastern Europe. It is the world’s oldest—and
only Jewish—refugee resettlement agency, designated by the federal government to
undertake this humanitarian work through cooperative agreements with the U.S.
Department of State (DOS) and the U.S. Department of Health and Human Services
(DHHS). HIAS is assigned clients via DOS’s allocation process, which determines
which refugee clients will be resettled by HIAS. Through its contracts with DOS and
DHHS, HIAS is obligated to ensure that each refugee family is placed in a safe and
stable environment and receives training and support to integrate into U.S. society
and become financially self-sufficient. These obligations range from ensuring that
each refugee family is picked up at the airport upon arrival with appropriate language
2

interpretation to making sure the refugee knows his or her address and how to make
a phone call.
Both IRAP and HIAS are plaintiffs in the related litigation challenging the
Executive Order at issue here and consolidated with this case for oral argument
before the Supreme Court. See Trump v. Int’l Refugee Assistance Project (“IRAP”),
Nos. 16-1436 et al., ___ S. Ct. ___, 2017 WL 2722580 (June 26, 2017). IRAP and
HIAS are intimately familiar with the consequences that the Executive Order and its
predecessor have had and continue to have on USRAP, their clients, and the many
of thousands of refugees seeking to enter the United States. IRAP and HIAS’ amici
brief, attached hereto as Exhibit A, highlights the inadequacies of the government’s
interpretation of the scope of the stay ordered by the Supreme Court on June 26,
2017.
CONCLUSION
For the foregoing reasons, IRAP and HIAS respectfully request that the Court
grant its motion for leave to file the amici curiae brief attached hereto as Exhibit A.
DATED: Atlanta, Georgia, July 10, 2017.
/s/ Justin B. Cox
Justin B. Cox†
National Immigration Law Center
Attorneys for Amici Curiae

3

Karen C. Tumlin†
Nicholas Espíritu†
Melissa S. Keaney†
Esther Sung†
National Immigration Law Center

Omar C. Jadwat†
Lee Gelernt†
Spencer E. Amdur†
American Civil Liberties Union
Foundation

Mateo Caballero
ACLU of Hawai’i Foundation

Cody H. Wofsy†
American Civil Liberties Union
Foundation

† appearing pro hac vice

4