International Refugee Assistance Project v. Trump
Addendum/attachment to  amicus curiae Brief by Amicus Supporting Appellee T.A. in electronic and paper format. Method of filing paper copies: US Mail. Date copies mailed, dispatched, or delivered: 04/12/2017 If paper copies filed, number of copies filed: 16 Number of pages per copy if paper copies filed: 10 [17-1351] Richard Bernstein
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
INTERNATIONAL REFUGEE ASSISTANCE PROJECT, et al.
DONALD J. TRUMP, et al.
On Appeal from an Order of the United States District Court
for the District of Maryland (Chuang, J.)
Civil Action No. TDC-17-0361
ADDENDUM OF SUPPLEMENTAL MATERIALS CITED IN
CORRECTED BRIEF OF AMICUS CURIAE T.A., A U.S. RESIDENT OF
YEMENI DESCENT, IN SUPPORT OF APPELLEES, AFFIRMANCE OF
THE PRELIMINARY INJUNCTION, AND DENIAL OF THE
GOVERNMENT’S MOTION FOR A STAY
WILLKIE FARR & GALLAGHER LLP
Richard D. Bernstein
1875 K Street, N.W.
Washington D.C. 20006-1238
Telephone: (202) 303-1000
Facsimile: (202) 303-2000
Counsel for Amicus Curiae T.A.
Date: April 12, 2017
TABLE OF CONTENTS
Cable No. 25814, United States Department of State
March 17, 2017 ............................................................................................. Exhibit 1
Prepared Remarks of White House Press Secretary Sean Spicer
March 7, 2017 ............................................................................................... Exhibit 2
MRN: 17 STATE 25814Date/DTG: Mar 17, 20171172040... I Reuters.com
EDITION: UNITED STATES
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Live: U.S. Politics
MRN: 17 STATE 25814
Date/DTG: Mar 17, 2017/172040Z MAR 17
From: SECSTATE WASHDC
Action: SOMALIA, USMISSION IMMEDIATE ;
ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE IMMEDIATE
TAGS: CMGT, CVIS, KPAO, KHLS, PTER
Reference: A) 17 STATE 24324
Tillerson faces tough
talks in Moscow amid
B) 17 STATE 24800
Subject: SUPERSEDING 17 STATE 24324: IMPLEMENTING IMMEDIATE
SCREENING AND VETTING OF VISA APPLICATIONS
1. (SBU) THIS IS AN ACTION REQUEST. This guidance supersedes that provided to
the field field in REFTEL A.
2. (U) Simultaneous with the release of Executive Order 13780 on Protecting the
Secretary of State Rex
Tillerson's visit to Moscow this week will be an
early test of whether the Trump administration can
use any momentum generated by a missile attack
on a Syrian air base to craft and execute a strategy
to end the Syrian war.
Nation from Terrorist Attacks by Foreign Nationals (E.O.) on March 6, 2017, the
President signed a Memorandum for the Secretary of State, the Attorney General,
the Secretary of Homeland Security. Courts have temporarily barred the Department
from enforcing section 2 of the E.O., which relates to the suspension of entry to the
United States and the issuance of visas for nationals of designated countries, as well
as section 6, which relates to the Refugee Admissions Program. This cable provides
guidance for implementing section 2 of the Presidential Memorandum, which states:
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"The Secretary of State and the Secretary of Homeland Security, in consultation with
the Attorney General, shall, as permitted by law, implement protocols and
,. More News
procedures as soon as practicable that in their judgment will enhance the screening
and vetting of applications for visas and all other immigration benefits, so as to
increase the safety and security of the American people. These additional protocols
and procedures should focus on:
(a) preventing the entry into the United States of foreign nationals who may aid,
support, or commit violent, criminal, or terrorist acts; and
(b) ensuring the proper collection of all information necessary to rigorously evaluate
all grounds of inadmissibility or deportability, or grounds for the denial of other
3. (U) The President also underscored: "[T]his Nation cannot delay the immediate
implementation of additional heightened screening and vetting protocols and
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procedures for issuing visas to ensure that we strengthen the safety and security of
our country. Moreover, because it is my constitutional duty to 'take Care that the
Laws be faithfully executed,' the executive branch is committed to ensuring that all
laws related to entry into the United States are enforced rigorously and consistently."
4. (SBU) The E.O. and Presidential Memorandum highlight the critical importance of
maintaining extra vigilance in the conduct of our work and continuing to increase
scrutiny of visa applicants for potential security and non-security related ineligibilities.
Consular officers should not hesitate to refuse any case presenting security
concerns under §221 (g) of the Immigration and Nationality Act (INA) in order to
explore all available local leads and pending the outcome of an SAO as appropriate,
or issue any other refusals or take other precautionary actions pursuant to any
MRN: 17 STATE 25814Dala'DTG: Mar 17, 20171172040... 1 ReulBrs.com
appllcable ground of lnadmlsslblllty under the INA All officers should remember that
all visa decisions are national security decisions. A consular officer should refuse
under §214(b) of the INA any nonimmigrant visa applicant whom the consular officer
believes may fail to abide by the requirements of the visa category in question.
5. (SBU) As part of our ongoing efforts to reflne and Improve visa appllcant vetting,
to supplement the initiatives set out in the E.O. (other than section 2) and the
concepts undergirding the Presidential Memoranda, the Department instructs posts
to implement immediately the following guidance. These are preliminary measures.
Additional screening measures will be introduced based on the conclusions of the
lnteragency working groups mandated by the E.O, acUng In accordance with
applicable court orders. (U) Increased Screening Worldwide of Certain Visa
6. (SBU) If they have not already done so in response to reftel A, Consular Chiefs
must immediately convene post's law enforcement and intelligence community
partners under the auspices of existing Visa Viper or Law Enforcement Working
Groups, as appropriate. These working groups will develop a list of criteria
identifying sets of post applicant populations warranting inaeased scrutiny.
7. (SBU) Once posts have documented these population sets, posts are required to
direct adjudicating consular officers to attempt to identify individual applicants that
fall within the population set during the course of a consular visa interview. If the
applicant is otherwise eligible for a visa (including overcoming INA214(b) for
nonimmigrant visa applicants), the interviewing consular officer should consider
sending a discretionary Donkey Security Advisory Opinion (SAO) request.
8. (SBU) In conducting visa interviews, consular officers must disregard the guidance
in 17 STATE 24324, to the extent the guidance sets out specific questions to ask of
appllcants, unless and untll notified by septel that the Department has received
approval from the Office of Management and Budget (OMB) for those specific
questions. Until that time, consular officers should, as always, ask additional
questions as necessary to understand the applicanrs answers on application forms,
should thoroughly pursue any concerns that may arise during the interview, and
should provide all relevant lnfonnatlon In case notes or, when an SAO Is warranted,
in the •Additional lnfonnation Optional• field.
9. (SBU) Until the Department receives OMB approval for asking specific questions
the Department would provide, officers should continue to follow all existing SAO
guidance as outlined in 9 FAM 304.2, Security Advisory Opinions (SAO), for Donkey,
Bear, Mantis, and Merlin/Merlin 92 SAOs based on !ACT/PATRIOT Red, CLASS Hits,
TAL, or Officer DlscreUon, and the country-specific Polley SAO guidance In 9 FAM
304.5, Special Clearance and Issuance Procedures, among other sections. (SBU)
Mandatory social media check for applicants present in a territory at the time it was
controlled by ISIS
1o. (SBU) If post detennlnes the applicant may have ties to ISIS or other terrorist
organizations or has ever been present in an !SIS-controlled territory, post
must/must refer the applicant to the Fraud Prevention Unit for a mandatory social
media review, as described in more detail in 7-FAH-1 H-943.5-2. Post should scan
the results of this review into the NIV case for consideration during the SAO process.
Details on complying with this requirement will be provided via septel. If any post's
Fraud Prevention Unit believes post has such a case, the Fraud Prevention Manager
can contact post's CA/FPP and CNVO/SAC liaison officers with any further
questions. (SBU) Mandatory Donkey SAO for Iraqi nationals with presence in
territory at the time it was controlled by ISIS
11. (SBU) While the E.O. exempts nationals of Iraq from the travel suspension
provisions of Section 2, the Presidential Memorandum and Sections 1(g) and
Section 4 of the E.O. contemplate additional saeening for Iraqi nationals in addition
to the robust vetting already in place.
12. (SBU) Effective immediately and until further notice, when adjudicating an
an Iraqi national applying with an Iraqi passport, consular officers must consider
whether the applicant was ever present in a territory at the time it was controlled by
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Press Briefing by Press Secretary Sean Spicer, 3/7/2017, #18 | whitehouse.gov
the WHITE HOUSE
From the Press O ice
Speeches & Remarks
Statements & Releases
Nominations & Appointments
The White House
O ice of the Press Secretary
For Immediate Release
March 07, 2017
Press Brie ng by Press Secretary
Sean Spicer, 3/7/2017, #18
James S. Brady Press Briefing Room
1:36 P.M. EST
MR. SPICER: Hey, guys. I brought a guest. Good a ernoon. First o , at the top, I want to
acknowledge that there’s been an additional wave of threats to Jewish community centers
and Anti-Defamation League o ices. According to some reports, there have been over a
hundred bomb threats phoned in to Jewish institutions since the start of this year alone.
As the President said at the beginning of his joint address, “We're a country that stands
united in condemning hate and evil in all of its forms. We denounce these latest antiSemitic and hateful threats in the strongest terms.”
Press Briefing by Press Secretary Sean Spicer, 3/7/2017, #18 | whitehouse.gov
It is incredibly saddening that I have to continue to share these disturbing reports with you,
and I share the President’s thoughts that he fervently hopes that we don't continue to have
to share these reports with you. But as long as they will -- as long as they do continue, we'll
continue to condemn them and look at ways in which we can stop them.
Now, on to news of the day. You saw President Trump yesterday continue to deliver on two
of his most significant campaign promises: protecting the country against radical Islamic
terrorism, and repealing and replacing Obamacare with a patient-centric alternative.
We talked a lot about the executive order protecting the nation from foreign terrorists
entering the United States yesterday. And so, on to Obamacare. I'd like to introduce the
Secretary of Health and Human Services, Dr. Tom Price, to come up and talk to you a little
bit about the plan to repeal and replace Obamacare.
SECRETARY PRICE: Thanks, Sean. Good a ernoon. First, let me just share with you what an
honor it is to serve as the Secretary of Health and Human Services. I'm the third physician
out of 23 individuals who’ve had the privilege of serving as the Secretary of Health and
Human Services. And the mission at our department is to improve the health and safety and
well-being of the American people. And we take that mission very, very seriously.
And for many Americans, right now, their ability to gain healthcare or health coverage is a
real challenge. For most Americans, they receive their health coverage through their
employer. It's about 175 million folks. Those individuals will see no significant change
other than there won't be a penalty for not purchasing coverage. For the folks in the
Medicare system, there will be no changes at all in the current law. But we're talking about
those people in the individual and small-group market, the moms and pops, the folks who
run the corner grocery store, the corner cleaners. Those individuals out there are having
huge challenges gaining care and gaining coverage.
And then Medicaid is a program that by and large has decreased the ability for folks to gain
access to care, and we want to make certain that we address that.
This is about patients. This is not about money. This is not about something else. This is
about patients. And sadly, the costs are going up for those folks in the individual and smallgroup market. The access is going down, and it's only getting worse. You know the stories.
Premiums increased 25 percent over the last year, on average. Arizona had an increase of
116 percent. Deductibles are going up for many, many folks. If you're a mom or a dad out
there and you make $40,000, $50,000, $60,000, your deductible in this market, in that
individual and small-group market, o entimes is $8,000, $10,000, $12,000 a year.
CERTIFICATE OF SERVICE
I certify that on this 12th day of April 2017, the foregoing addendum
was filed using the Court’s CM/ECF system. All participants in the case are
registered CM/ECF users and will be served electronically via that system.
Dated: April 12, 2017
/s/ Richard D. Bernstein
Richard D. Bernstein
WILLKIE FARR & GALLAGHER LLP
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