State of Hawaii v. Donald Trump
2017 U.S. App. LEXIS 10356
| 9th Cir. | 2017Background
- EO2 reoffers travel ban, 90-day suspension for six countries and 120-day USRAP suspension with 50,000 refugee cap.
- Hawaii and Imam Elshikh sue to enjoin EO2 on statutory/constitutional grounds.
- District court grants TRO and nationwide injunction against Sections 2 and 6.
- Government appeals, arguing lack of standing, ripeness, and consular nonreviewability.
- Court determines INA-based statutory challenges merit, allows review of EO2, and partially reverses scope of injunction.
- Court remands for issuance of a narrowed injunction consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs have standing to challenge EO2 under INA claims | Elshikh and Hawai‘i have injury, causation, redressability | Claims lack Article III standing | Yes, plaintiffs have standing on INA-based claims |
| Whether EO2 exceeds President's authority under INA §§1182(f) and 1185(a) and violates 1152(a)(1)(A) | EO2 discriminates by nationality and lacks detriment finding | EO2 falls within broad executive power | Likely to violate INA sections; precondition not met; injunction sustained on statutory grounds |
| Whether the case is ripe for review given potential waivers | Waivers are discretionary but do not render injury speculative | Waivers render injury speculative | Ri p e remains; case ripe for review |
| Whether consular nonreviewability prevents review of EO2 | Challenge to sweeping policy allowed | Visa decisions are nonreviewable | Consular nonreviewability does not foreclose review of EO2 overall |
Key Cases Cited
- Lemon v. Kurtzman, 403 U.S. 602 (1971) (establishes secular purpose test for Establishment Clause analysis)
- Ashwander v. Tennessee Valley Authority, 297 U.S. 288 (1936) (avoid unnecessary constitutional rulings (assurance to decide on statutory grounds))
- Kerry v. Din, 135 S. Ct. 2128 (2015) (standing in visa-related challenges involves concrete injury to US resident/spouse)
- Int’l Refugee Assistance Project v. Trump, 2017 WL 2273306 (4th Cir. 2017) (relevant to ripeness and standing considerations (en banc cited))