Hawaii v. Trump, No. 17-16426 (9th Cir. 2017)Annotate this Case
The Ninth Circuit affirmed the district court's order modifying a preliminary injunction, which enjoins the Government from enforcing Executive Order 13780 against (1) grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States; and (2) refugees who have formal assurances from resettlement agencies or are in the U.S. Refugee Admissions Program (USRAP) through the Lautenberg Amendment. The panel held that, in modifying the preliminary injunction to preserve the status quo, the district court carefully and correctly balanced the hardships and the equitable considerations as directed by the Supreme Court in Trump v. International Refugee Assistance Project, 137 S. Ct. 2080, 2088 (2017), and did not abuse its discretion. The district court did not err in rejecting the Government's restricted reading of the Supreme Court's June 26, 2017 stay ruling and in modifying the injunction to prohibit enforcement of the Executive Order against grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States. The panel affirmed the district court's holding that formally assured refugees have bona fide relationships with resettlement agencies and are covered by the injunction because the assurance is formal, documented, and formed in the ordinary course rather than to evade the Executive Order. The panel explained that it considered the individualized screening process necessary to obtain a formal assurance and the concrete harms faced by a resettlement agency because of that refugee's exclusion.