State of Washington, et al v. Donald J. Trump, et al
Filed (ECF) Appellants Rex W. Tillerson, Donald J. Trump, USA, USDHS and John F. Kelly citation of supplemental authorities. Date of service: 03/06/2017.  [17-35105] (Byron, H. Thomas) [Entered: 03/06/2017 10:08 AM]
U.S. Department of Justice
Civil Division, Appellate Staff
950 Pennsylvania Ave. NW, Rm. 7250
Washington, DC 20530
March 6, 2017
Hon. Molly Dwyer
Clerk of the Court
U.S. Court of Appeals for the Ninth Circuit
The James R. Browning Courthouse
95 Seventh Street
San Francisco, CA 94103
State of Washington v. Trump, No. 17-35105
Dear Ms. Dwyer:
Pursuant to Federal Rule of Appellate Procedure 28(j), defendants-appellants
notify the Court that the President today signed a new Executive Order “Protecting
the Nation from Foreign Terrorist Entry into the United States.” The new Order,
which is attached and takes effect on March 16, 2017, id. § 14, revokes Executive
Order 13,769, id. § 13, the subject of this appeal and related motions practice.
The new Order differs from Executive Order 13,769 in critical respects.
Section 2(c) of the new Order temporarily suspends entry, for 90 days, of aliens
who are nationals of six countries, subject to significant limitations and exceptions.
The suspension applies only to aliens who are outside the United States on the
effective date of the new Order, do not have a valid visa on that date, and also did
not have a valid visa at 5 p.m. E.S.T. on January 27, 2017. Section 3(a). The
suspension does not apply to, inter alia, lawful permanent residents or nationals of
the six countries not currently in the United States who have a valid document
permitting them to travel to the United States and seek entry or admission. Section
3(b). In addition, the new Order includes a case-by-case waiver process that
permits the issuance of a visa to, and entry of, an alien who would otherwise be
excluded. Section 3(c).
Section 6 of the new Order suspends for 120 days travel into the United
States under the U.S. Refugee Admission Program and decisions on applications
for refugee status, to allow the Government to review the application and
adjudication process to determine what additional procedures should be taken to
ensure that individuals seeking admission as refugees do not pose a threat to the
United States. The new Order eliminates provisions of Executive Order 13,769
that applied to religious minorities and the entry of Syrian nationals as refugees.
The new Order also excludes from the suspension any refugee applicants who were
formally scheduled for transit by the State Department before the effective date of
the Order. Section 6(a).
/s/ Sharon Swingle
all counsel (via CM/ECF)
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