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)

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: [phone]
Fax: [phone]
Attorneys for Plaintiff, State of Hawaii

NEAL KUMAR 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
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: [phone]
Fax: [phone]
Email: [e-mail]
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: [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
1735 Market St., 23rd Floor
Philadelphia, PA 19103
Telephone: [phone]
Fax: [phone]
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