State of Hawaii v. Trump

Filing 368

MOTION for Temporary Restraining Order Neal Katyal appearing for Plaintiff State of Hawaii (Attachments: # 1 Memorandum in Support of Plaintiffs' Motion for Temporary Restraining Order, # 2 Exhibit Proposed Order, # 3 Certificate of Service)(Katyal, Neal)

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DOUGLAS S. CHIN (Bar No. 6465) Attorney General of the State of Hawaii DEPARTMENT OF THE ATTORNEY GENERAL, STATE OF HAWAII 425 Queen Street Honolulu, HI 96813 Telephone: (808) 586-1500 Fax: (808) 586-1239 Attorneys for Plaintiff, State of Hawaii NEAL KUMAR KATYAL* HOGAN LOVELLS US LLP 555 Thirteenth Street NW Washington, DC 20004 Telephone: (202) 637-5600 Fax: (202) 637-5910 *Admitted Pro Hac Vice Attorneys for Plaintiffs, State of Hawaii and Ismail Elshikh, and Prospective Plaintiffs John Does 1 & 2 and Muslim Association of Hawaii, Inc. (See Next Page For Additional Counsel) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII PLAINTIFFS’ MOTION FOR TEMPORARY Plaintiffs, RESTRAINING ORDER; MEMORANDUM IN v. SUPPORT OF PLAINTIFFS’ MOTION FOR DONALD J. TRUMP, in his official capacity as TEMPORARY President of the United States; U.S. RESTRAINING ORDER; DEPARTMENT OF HOMELAND SECURITY; [PROPOSED] ELAINE DUKE, in her official capacity as TEMPORARY Acting Secretary of Homeland Security; U.S. RESTRAINING ORDER; DEPARTMENT OF STATE; REX TILLERSON, CERTIFICATE OF in his official capacity as Secretary of State; and SERVICE the UNITED STATES OF AMERICA, Civil Action No. 1:17-cvDefendants. 00050-DKW-KSC STATE OF HAWAII and ISMAIL ELSHIKH, ADDITIONAL COUNSEL CLYDE J. WADSWORTH (Bar No. 8495) Solicitor General of the State of Hawaii DEIRDRE MARIE-IHA (Bar No. 7923) DONNA H. KALAMA (Bar No. 6051) KIMBERLY T. GUIDRY (Bar No. 7813) ROBERT T. NAKATSUJI (Bar No. 6743) KALIKO‘ONALANI D. FERNANDES (Bar. No. 9964) KEVIN M. RICHARDSON (Bar No. 10224) Deputy Attorneys General DEPARTMENT OF THE ATTORNEY GENERAL, STATE OF HAWAII 425 Queen Street Honolulu, HI 96813 Telephone: (808) 586-1500 Fax: (808) 586-1239 Email: deirdre.marie-iha@hawaii.gov Attorneys for Plaintiff, State of Hawaii *Admitted Pro Hac Vice **Pro Hac Vice Application Forthcoming † Admitted only in Maryland; supervised by firm members †† Admitted only in Virginia; supervised by firm members COLLEEN ROH SINZDAK* MITCHELL P. REICH* ELIZABETH HAGERTY* YURI S. FUCHS** SUNDEEP IYER**† REEDY C. SWANSON**†† HOGAN LOVELLS US LLP 555 Thirteenth Street NW Washington, DC 20004 Telephone: (202) 637-5600 Fax: (202) 637-5910 Email: neal.katyal@hoganlovells.com THOMAS P. SCHMIDT* HOGAN LOVELLS US LLP 875 Third Avenue New York, NY 10022 Telephone: (212) 918-3000 Fax: (212) 918-3100 SARA SOLOW* ALEXANDER B. BOWERMAN* HOGAN LOVELLS US LLP 1735 Market St., 23rd Floor Philadelphia, PA 19103 Telephone: (267) 675-4600 Fax: (267) 675-4601 Attorneys for Plaintiffs, State of Hawaii and Ismail Elshikh, and Prospective Plaintiffs John Does 1 & 2 and Muslim Association of Hawaii, Inc. PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER Pursuant to Rules 7 and 65 of the Federal Rules of Civil Procedure and Local Rule 7.2 of the U.S. District Court for the District of Hawaii, Plaintiffs State of Hawaii and Dr. Ismail Elshikh, and prospective Plaintiffs John Doe 1, John Doe 2, and the Muslim Association of Hawaii, Inc.,1 by and through their counsel, hereby move this Honorable Court for a temporary restraining order prohibiting Defendants from enforcing and implementing Sections 2(a)-(c), (e), (g), and (h) of the September 24, 2017 Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats issued by Defendant Donald J. Trump (“EO-3”), which imposes restrictions on immigration and travel by nationals of six Muslimmajority countries. Specifically, Sections 2(a)-(c), (e), (g), and (h) impermissibly conflict with 8 U.S.C. § 1152(a)(1)(A), exceed the scope of the President’s authority under 8 U.S.C. §§ 1182(f) and 1185(a)(1), and continue to reflect an intent to exclude Muslims from the United States in violation of the First and Fifth Amendments to the United States Constitution. 1 Prospective Plaintiffs John Doe 1, John Doe 2, and the Muslim Association of Hawaii, Inc., are named parties to a Third Amended Complaint (“TAC”) that is the subject of Plaintiffs’ concurrently-filed Motion for Leave to File Third Amended Complaint. 1 The foregoing provisions of EO-3 will cause irreparable injury to the State of Hawaii, the individual plaintiffs, the Muslim Association of Hawaii, Inc., and our Nation as a whole. As an immediate remedy, and to maintain the status quo while more permanent solutions may be considered, Plaintiffs and prospective Plaintiffs respectfully request that the Court enter a temporary restraining order enjoining Defendants from enforcing or implementing Sections 2(a)-(c), (e), (g), and (h) of EO-3 nationwide. This motion is supported by the attached Memorandum in Support of Plaintiffs’ Motion for Temporary Restraining Order, accompanying declarations, and the records and files in this action, as well as any additional submissions that may be considered by the Court. DATED: Washington, DC, October 10, 2017. Respectfully submitted, /s/ Neal K. Katyal DOUGLAS S. CHIN (Bar No. 6465) Attorney General of the State of Hawaii CLYDE J. WADSWORTH (Bar No. 8495) Solicitor General of the State of Hawaii DEIRDRE MARIE-IHA (Bar No. 7923) KIMBERLY T. GUIDRY (Bar No. 7813) DONNA H. KALAMA (Bar No. 6051) ROBERT T. NAKATSUJI (Bar No. 6743) KALIKO‘ONALANI D. FERNANDES (Bar No. 9964) KEVIN M. RICHARDSON (Bar No. 10224) 2 NEAL K. KATYAL* COLLEEN ROH SINZDAK* THOMAS P. SCHMIDT* SARA SOLOW* MITCHELL P. REICH* ELIZABETH HAGERTY* ALEXANDER B. BOWERMAN* YURI S. FUCHS** SUNDEEP IYER**† REEDY C. SWANSON**†† HOGAN LOVELLS US LLP Deputy Attorneys General DEPARTMENT OF THE ATTORNEY GENERAL, STATE OF HAWAII *Admitted Pro Hac Vice **Pro Hac Vice Application Forthcoming † Admitted only in Maryland; supervised by firm members †† Admitted only in Virginia; supervised by firm members Attorneys for Plaintiff, State of Hawaii Attorneys for Plaintiffs, State of Hawaii and Ismail Elshikh, and Prospective Plaintiffs John Does 1 & 2 and Muslim Association of Hawaii, Inc. 3

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