IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAI I

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1 Case 1:17-cv DKW-KJM Document 66 Filed 03/08/17 Page 1 of 4 PageID #: 1349 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAI I STATE OF HAWAI I and ISMAIL ELSHIKH, v. Plaintiffs, 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, Civil Action No. 1:17-cv DKW-KJM 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 Case 1:17-cv DKW-KJM Document 66 Filed 03/08/17 Page 2 of 4 PageID #: 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, 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, I also caused copies of these Motion papers to be served electronically on counsel for Defendants through CM/ECF on March 8, 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, 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

3 Case 1:17-cv DKW-KJM Document 66 Filed 03/08/17 Page 3 of 4 PageID #: 1351 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

4 Case 1:17-cv DKW-KJM Document 66 Filed 03/08/17 Page 4 of 4 PageID #: 1352 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, I declare under penalty of perjury that the foregoing is true and correct. DATED: Washington, D.C., March 8, /s/ Neal K. Katyal Neal K. Katyal 4

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10 Case 1:17-cv DKW-KJM Document 66-2 Filed 03/08/17 Page 1 of 4 PageID #: 1358 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, Civil Action No. 1:17-cv DKW-KJM Defendants. SUPPLEMENTAL DECLARATION OF GEORGE SZIGETI EXHIBIT B-1

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14 Case 1:17-cv DKW-KJM Document 66-3 Filed 03/08/17 Page 1 of 5 PageID #: 1362 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, Civil Action No. 1:17-cv DKW-KJM Defendants. ORIGINAL DECLARATION OF GEORGE SZIGETI EXHIBIT B-2

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19 Case 1:17-cv DKW-KJM Document 66-4 Filed 03/08/17 Page 1 of 5 PageID #: 1367 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, Civil Action No. 1:17-cv DKW-KJM Defendants. SUPPLEMENTAL DECLARATION OF LUIS P. SALAVERIA EXHIBIT C-1

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24 Case 1:17-cv DKW-KJM Document 66-5 Filed 03/08/17 Page 1 of 6 PageID #: 1372 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, Civil Action No. 1:17-cv DKW-KJM Defendants. ORIGINAL DECLARATION OF LUIS P. SALAVERIA EXHIBIT C-2

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30 Case 1:17-cv DKW-KJM Document 66-6 Filed 03/08/17 Page 1 of 7 PageID #: 1378 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, Civil Action No. 1:17-cv DKW-KJM Defendants. SUPPLEMENTAL DECLARATION OF RISA E. DICKSON EXHIBIT D-1

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34 Case 1:17-cv DKW-KJM Document 66-6 Filed 03/08/17 Page 5 of 7 PageID #: 1382 countries included in the new Executive Order. These students attend our institution under valid visas issued by the United States government. They study and work alongside the University s many thousands of other students. The University also has employees including faculty from two of the designated countries, namely Iran and Sudan, who are here on immigrant visas. In addition, the University has at least 29 visiting faculty members and scholars with valid visas from the six countries affected by the new Executive Order. Given the new Executive Order, the University s ability to recruit and enroll students and graduate students, and recruit and hire visiting faculty from the six affected countries, is constrained. Were it not for the new Executive Order, I would expect these activities to take place both in the coming school year and in the near future. 8. Though it is too soon to determine the full impact of the new executive order and its predecessor on the University s future recruitment efforts, we are anticipating that recruitment for undergraduate students, graduate students, permanent faculty members, or visiting faculty members or scholars from the six affected countries may be impacted. Individuals who are neither legal permanent residents nor current visa holders will be entirely precluded from considering our institution. This sort of recruitment of students, graduate students, scholars, and faculty including those from the six 4

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37 Case 1:17-cv DKW-KJM Document 66-7 Filed 03/08/17 Page 1 of 5 PageID #: 1385 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, Civil Action No. 1:17-cv DKW-KJM Defendants. ORIGINAL DECLARATION OF RISA E. DICKSON EXHIBIT D-2

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42 Case 1:17-cv DKW-KJM Document 66-8 Filed 03/08/17 Page 1 of 4 PageID #: 1390 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, Civil Action No. 1:17-cv DKW-KJM Defendants. DECLARATION OF HAKIM OUNSAFI EXHIBIT E

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46 Case 1:17-cv DKW-KJM Document 66-9 Filed 03/08/17 Page 1 of 2 PageID #: 1394 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 No DKW-KJM CERTIFICATE OF SERVICE I hereby certify that, on the dates and by the methods of service noted below, a true and correct copy of the Declaration of Neal K. Katyal in Support of Plaintiffs Motion for Temporary Restraining Order was served on the following at their last known addresses: Served Electronically through CM/ECF on March 8, 2017: Florence T. Nakakuni, Esq. florence.nakakuni@usdoj.gov 1

47 Case 1:17-cv DKW-KJM Document 66-9 Filed 03/08/17 Page 2 of 2 PageID #: 1395 Edric Ming-Kai Ching Michelle R. Bennett, Esq. Brad P. Rosenberg, Esq. Daniel Schwei, Esq. edric.ching@usdoj.gov michelle.bennett@usdoj.gov brad.rosenberg@usdoj.gov daniel.s.schwei@usdoj.gov DATED: Washington, D.C., March 8, Respectfully submitted, DOUGLAS S. CHIN (Bar No. 6465) Attorney General of the State of Hawai i CLYDE J. WADSWORTH (Bar No. 8495) Solicitor General of the State of Hawai i DEIRDRE MARIE-IHA (Bar No. 7923) DONNA H. KALAMA (Bar No. 6051) KIMBERLY T. GUIDRY (Bar No. 7813) ROBERT T. NAKATSUJI (Bar No. 6743) Deputy Attorneys General DEPARTMENT OF THE ATTORNEY GENERAL, STATE OF HAWAI I /s/ Neal K. Katyal NEAL K. KATYAL* COLLEEN ROH SINZDAK* MITCHELL P. REICH* ELIZABETH HAGERTY* THOMAS P. SCHMIDT* SARA SOLOW* ALEXANDER B. BOWERMAN* HOGAN LOVELLS US LLP *Admitted Pro Hac Vice Attorneys for Plaintiff, State of Hawai i Attorneys for Plaintiffs, State of Hawai i and Ismail Elshikh 2

(See Next Page For Additional Counsel) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAI I

(See Next Page For Additional Counsel) IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAI I Case 1:17-cv-00050-DKW-KSC Document 238 Filed 03/21/17 Page 1 of 5 PageID #: 4605 DOUGLAS S. CHIN (Bar No. 6465) Attorney General of the State of Hawai i 425 Queen Street Honolulu, HI 96813 Telephone: