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Hawaiʻi Intends to Pursue Legal Action on Trump’s New Travel Ban

March 8, 2017, 4:00 AM HST · Updated March 8, 7:18 AM
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Kahului Airport. File photo by Wendy Osher.

Hawaiʻi Attorney General Doug Chin confirmed that the State of Hawaiʻi intends to pursue legal action regarding President Trump’s new travel ban, which was issued on Monday.

The State, together with the Department of Justice, asked Judge Derrick K. Watson for an expedited briefing schedule on a motion for temporary restraining order.

If Judge Watson agrees, this schedule will allow the court to hear the State’s motion before the new travel ban goes into effect on March 16, 2017.

The executive order effectively bans refugees and immigrants from certain Muslim-majority nations.

A copy of Tuesday filing can be found below. The State anticipates filing a second amended complaint and a motion for temporary restraining order in the near future. Those documents will be available to the public after they have been filed in court.

JOINT MOTION FOR ENTRY OF PROPOSED BRIEFING SCHEDULE ORDER FOR PLAINTIFFS’ FORTHCOMING MOTION FOR A TEMPORARY RESTRAINING ORDER

The parties file the instant joint motion with this Court, respectfully moving for the entry of a Proposed Briefing Schedule Order for Plaintiffs’ forthcoming Motion for a Temporary Restraining Order.

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On March 6, 2017, Plaintiffs conferred with counsel for the Government and informed the Government that Plaintiffs intended to file a Motion to Lift the Stay and for Leave to File a Second Amended Complaint, as well as a Second Amended Complaint and a Motion for a Temporary Restraining Order in connection with President Donald Trump’s new Executive Order, signed March 6, 2017. On March 7, 2017, the Government responded that it consents to Plaintiffs’ request to lift the stay of the proceedings in this case to the extent that Plaintiffs seek to challenge the new Executive Order. The Government related that it takes no position on Plaintiffs’ Motion for Leave to File a Second Amended Complaint.

Upon further discussion, the parties have agreed to the following briefing and argument schedule on Plaintiffs’ forthcoming Motion for a Temporary Restraining Order, if it is acceptable to this Court. Namely, the parties propose that: Plaintiffs file their Second Amended Complaint, Motion for a Temporary Restraining Order, and any declarations in support thereof on March 8, 2017; the Government files its Opposition to Plaintiffs’ Motion for a Temporary Restraining Order by 6 AM Hawaii Standard Time on March 13, 2017; Plaintiffs file a Reply by 12 Noon Hawaii Standard Time on March 14, 2017; and both parties prepare to appear at a hearing in this Court with telephonic access available on the morning of March 15, 2017. The parties have also agreed, if it is acceptable to this Court, to seek leave to allow both parties to file briefs of up to 12,000 words for Plaintiffs’ Memorandum of Law in Support of their Motion for a Temporary Restraining Order and the Government’s opposition thereto.

The parties respectfully move for the entry of a proposed briefing schedule with the above dates and word limits. Given that the Executive Order will become effective at 6:01 P.M. Hawaii Standard Time on March 15, 2017, the proposed briefing and argument schedule will enable the Court to consider Plaintiffs’ motion for a temporary restraining order before the Executive Order is scheduled to take effect.

DATED: Honolulu, Hawai‘i, March 7, 2017.

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