State of Hawaii v. Trump

Filing 66

Declaration re 65 MOTION for Temporary Restraining Order . (Attachments: # 1 Exhibit A - Dec. of Ismail Elshikh, PhD, # 2 Exhibit B-1 - Supp. Dec. of George Szigeti, # 3 Exhibit B-2 - Orig. Dec. of George Szigeti, # 4 Exhibit C-1 - Supp. Dec. of Luis P. Salaveria, # 5 Exhibit C-2 - Orig. Dec. of Luis P. Salaveria, # 6 Exhibit D-1 - Supp. Dec. of Risa E. Dickson, # 7 Exhibit D-2 - Orig. Dec. of Risa E. Dickson, # 8 Exhibit E - Dec. of Hakim Ounsafi, # 9 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-KJM
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.

DECLARATION OF NEAL K. KATYAL IN SUPPORT OF PLAINTIFFS’
MOTION FOR TEMPORARY RESTRAINING ORDER
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 for
Temporary Restraining Order (the “Motion”), filed concurrently herewith.

1

2.

Pursuant to Federal Rule of Civil Procedure 65(b), on March 6 and 7,

2017, I conferred with counsel for Defendants to provide notice of Plaintiffs’
intention to file the Motion on March 8, 2017.
3.

In addition, I caused copies of Plaintiffs’ Motion to Lift Stay and File

a Second Amended Complaint, and Plaintiffs’ [Proposed] Second Amended
Complaint, to be served electronically on counsel for Defendants through CM/ECF
on March 7, 2017. I also caused copies of these Motion papers to be served
electronically on counsel for Defendants through CM/ECF on March 8, 2017.
4.

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

Plaintiff Ismail Elshikh, PhD, a U.S. citizen who resides in Hawai‘i. He is of
Egyptian descent and a community leader, as the Imam of the Muslim Association
of Hawai‘i. He and his family have been personally affected by the Executive
Order, including with respect to separation from a family member abroad and
experience of discrimination on the basis of religion and national origin. Dr.
Elshikh’s declaration was executed on March 8, 2017.
5.

Attached as Exhibit B-1 is a true and correct copy of the Supplemental

Declaration of George Szigeti. Mr. Szigeti is the President and Chief Executive
Officer of the Hawai‘i Tourism Authority (“HTA”). He previously filed a
declaration in these proceedings providing and explaining data maintained by HTA
for the last five years with respect to visitor expenditures, total visitor arrivals and
2

mode of transport, and flow of visitors from Africa and the Middle East. Mr.
Szigeti’s earlier declaration, which was dated February 2, 2017, is attached as
Exhibit B-2. Mr. Szigeti’s Supplemental Declaration, executed on March 4, 2017,
provides an update to his previous declaration.
6.

Attached as Exhibit C-1 is a true and correct copy of the Declaration

of Luis P. Salaveria. Mr. Salaveria is the Director of the State of Hawai‘i
Department of Business, Economic Development and Tourism. He previously
filed a declaration in these proceedings addressing the impacts of President
Trump’s January 27, 2017 Executive Order on the tourism industry in Hawai‘i,
including with respect to collaborative projects, economic sister-state relationships,
and tourism branding abroad. Mr. Salaveria’s earlier declaration, which was dated
February 2, 2017, is attached as Exhibit C-2. Mr. Salaveria’s Supplemental
Declaration, executed on March 6, 2017, provides an update to his previous
declaration.
7.

Attached as Exhibit D-1 is a true and correct copy of the Declaration

of Risa E. Dickson. Ms. Dickson is the Vice President for Academic Planning and
Policy at the University of Hawai‘i system. She previously filed a declaration in
these proceedings addressing the impacts of President Trump’s January 27, 2017
Executive Order on the University of Hawai‘i community, including with respect
to limiting travel, hindering diversity of thought and experience, reducing the free
3

flow of information and ideas, and undercutting the welcoming values of the nation
and State. Ms. Dickson’s earlier declaration, which was dated February 1, 2017, is
attached as Exhibit D-2. Ms. Dickson’s Supplemental Declaration, executed on
March 8, 2017, provides an update to her previous declaration.
8.

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

Hakim Ouansafi, the Chairman of the Muslim Association of Hawai‘i which in
turn owns the Mosque on Oahu. Mr. Ouansafi has lived in Hawai‘i for nearly 20
years and knows the members of the local Muslim community well. Mr.
Ouansafi’s declaration was executed on March 8, 2017.
I declare under penalty of perjury that the foregoing is true and correct.
DATED:

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

4