Hawai'i v. Trump

245 F. Supp. 3d 1227, 2017 WL 1167383, 2017 U.S. Dist. LEXIS 47042
District Court, D. Hawaii·Decided March 29, 2017·No. CV. NO. 17-00050 DKW-KSC·Published·Cited by 19 cases

Opinion

ORDER GRANTING MOTION TO CONVERT TEMPORARY RESTRAINING ORDER TO A PRELIMINARY INJUNCTION

Derrick K. Watson, United States District Judge

INTRODUCTION

On March 15, 2017, the Court temporarily enjoined Sections 2 and 6 of Executive Order No. 13,780, entitled, “Protecting the [1230]*1230Nation, from Foreign Terrorist Entry into the. United States,” 82 Fed. Reg. 13209 (Mar, 6, 2017). See Order Granting Mot. for TRO, ECF No. 219 [hereinafter TRO]. Plaintiffs State of Hawai’i and Ismail El-shikh, Ph.D., now move to convert the TRO to a preliminary injunction. See Pis.’ Mot. to Convert TRO to Prelim. Inj., ECF No. 238 [hereinafter Motion].

Upon consideration of the parties’ submissions, and following a hearing on March 29, 2017, the Court concludes that, on the record before it, Plaintiffs have met their burden of establishing a'strong likelihood of success on the merits of their Establishment Clause claim, that irreparable injury is likely if the requested relief is not issued, and that the balance of the equities and public interest counsel in favor of granting the requested relief. Accordingly, Plaintiffs’ Motion (ECF No. 238) is GRANTED.

BACKGROUND

The Court briefly recounts the factual and procedural background relevant to Plaintiffs’ Motion. A fuller recitation of the facts is set forth in the Court’s TRO. See TRO 3-14, ECF No. 219.

I. The President’s Executive Orders

A. Executive Order No. 13,769

On January 27, 2017, the President of the United States issued Executive Order No. 13,769 entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States,” 82.Fed. Reg. 8977 (Jan. 27, 2017).1 On March 6, 2017, the President 'issued another Executive Order, No. 13,-780, identically entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States” (the “Executive Order”), 82 Fed; Reg. 13209. Like its predecessor, the Executive Order -restricts the entry of foreign nationals from specified countries and suspends the United States refugee program for specified periods of time.

B. Executive Order No. 13,780

Section 1 of the Executive Order declares that its purpose is to “protect [United States] citizens from terrorist attacks, including those committed- by foreign nationals.” By its terms, the Executive Order also represents a response to the Ninth Circuit’s per curiam decision in Washington v. Trump, 847 F.3d 1151. According to the Government, it “clarifies and narrows the scope of Executive action regarding immigration, extinguishes the need for emergent consideration, and eliminates the potential constitutional concerns identified by the Ninth Circuit.” Notice of Filing of Executive Order 4-5, ECF No. 56.

Section 2 suspends from “entry into the United States” for a period of 90 days, certain nationals of six countries referred [1231]*1231to in Section 217(a)(12) of the Immigration and Nationality Act, 8 U.S.G. § 1101 et seq.x Iran, Libya, Somalia, Sudan,, Syria, and Yemen. 8 U.S.C. § 1187(a)(12); Exec. Order § 2(c), The suspension of entry applies to nationals of these six countries who (1) are outside the United States on the new Executive Order’s effective date of March 16, 2017; (2) do not have a valid visa on that date; and (3) did not have a valid visa as of 6:00 p.m. Eastern Standard Time on January 27, 2017 (the date of Executive Order No. 13,769). Exec. Order § 3(a). The 90-day suspension does not apply to: (1) lawful permanent residents; (2) any foreign national admitted to or paroled into the United States on or after the Executive Order’s effective date (March 16, 2017); (3) any individual who has a document other than a visa, valid on the effective date of the Executive Order or issued anytime thereafter, that permits travel to the United States, such as an advance parole document; (4) any dual national traveling on a passport not issued by one of the six listed countries; (5) any foreign national traveling on a diplomatic-type or other specified visa; and (6) any foreign national who has been granted asylum, any refugee already admitted to the United States, or any individual granted withholding of removal, advance parole, or protection under the Convention Against Torture. See Exec. Order § 3(b). Under Section 3(c)’s waiver provision, foreign nationals of the six countries who are subject to the suspension of entry may nonetheless seek entry on a case-by-case basis.

Section 6 of the Executive Order suspends the U.S. Refugee Admissions Program for 120 days. The suspension applies both to travel into the United States and to decisions on applications for refugee status. See Exec. Order § 6(a). It excludes refugee applicants who were formally scheduled for transit by the Department of State before the March 16, 2017 effective date. Like the 90-day suspension, the 120-day suspension includes a waiver provision that allows the Secretaries of State and Homeland Security to admit refugee applicants on a case-by-case basis. See. Exec. Order § 6(c). Unlike Executive Order No. 13,769, the new Executive Order does not expressly refer to an individual’s status as a “religious minority” or refer to any particular religion, and it does not include a Syria-specific ban on refugees.

II. Plaintiffs’ Claims

Plaintiffs filed a Second Amended Complaint for Declaratory and Injunctive Relief (“SAC”) on March 8, 2017 (EOF No. 64) simultaneous with their Motion for TRO (ECF No. 66). The State asserts that the Executive Order inflicts constitutional and statutory injuries upon its residents, employers, and educational institutions, while Dr. Elshikh alleges injuries on behalf of himself, his family, and members of his Mosque. SAC ¶ 1.

According to Plaintiffs, the Executive Order results in “their having to live in a country and in a State where there is the perception that the Government has established a disfavored religion.” SAC ¶ 5. Plaintiffs assert that by singling out nationals from the six predominantly Muslim countries, the Executive Order causes harm by stigmatizing not only immigrants and refugees, but also Muslim citizens of the United States. Plaintiffs point to public statements by the President and his advis-ors regarding the implementation of a “Muslim ban,” which Plaintiffs contend is the tacit and illegitimate motivation underlying the Executive Order. See SAC ¶¶ 35-60. Plaintiffs argue that, in light of these and similar statements “where the President himself has repeatedly and publicly espoused an improper motive for his actions, the President’s action must be invalidated.” Pis.’ Mem. in Supp. of Mot. for [1232]*1232TRO 2, ECF No. 65-1. Plaintiffs additionally present evidence that they contend undermines the purported national security rationale for the Executive Order and demonstrates the Administration’s pretex-tual justification for the Executive Order. E.g., SAC ¶ 61 (citing Draft DHS Report, SAC, Ex. 10, ECF No. 64-10).

III. March 15, 2017 TRO

The Court’s nationwide TRO (ECF No.

Free access — add to your briefcase to read the full text and ask questions with AI

Hawai'i v. Trump, 245 F. Supp. 3d 1227, 2017 WL 1167383, 2017 U.S. Dist. LEXIS 47042 (D. Haw. 2017).

245 F. Supp. 3d 1227 (Hawai'i v. Trump) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Untitled Case
D. Nevada, 2026
Intl Refugee Assistance v. Donald Trump
961 F.3d 635 (Fourth Circuit, 2020)
Trump v. Hawaii
585 U.S. 667 (Supreme Court, 2018)
Intl. Refugee Assistance v. Donald J. Trump
883 F.3d 233 (Fourth Circuit, 2018)
Doe v. Trump
288 F. Supp. 3d 1045 (W.D. Washington, 2017)
Hawai'i v. Trump
263 F. Supp. 3d 1049 (D. Hawaii, 2017)
Trump. v. International Refugee Assistance Project
137 S. Ct. 2080 (Supreme Court, 2017)