State of Washington, et al v. Donald J. Trump, et al

Filing 55

Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Service Employees International Union. Date of service: 02/06/2017. [10303775] [17-35105] (Berman, Steve) [Entered: 02/06/2017 01:14 PM]

No. 17-35105
IN THE UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
__________________________________________________
STATE OF WASHINGTON; STATE OF MINNESOTA,
Plaintiffs-Appellees,
v.
DONALD J. TRUMP, President of the United States, et al.
Defendants-Appellants.
__________________________________________________
On Appeal from the United States District Court
for the Western District of Washington, Seattle
The Honorable James L. Robart
No. 2:17-cv-00141-JLR
_________________________________________________
SERVICE EMPLOYEES INTERNATIONAL UNION’S BRIEF AS
AMICUS CURIAE IN SUPPORT OF PLAINTIFFS-APPELLEES
__________________________________________________
Steve W. Berman
Andrew M. Volk
HAGENS BERMAN SOBOL
SHAPIRO LLP
1918 Eighth Ave., Suite 3300
Seattle, WA 98101
Telephone: [phone]
[e-mail]
[e-mail]

Nicole G. Berner
Deborah L. Smith
Trisha S. Pande
SERVICE EMPLOYEES
INTERNATIONAL UNION
1800 Massachusetts Avenue,
NW
Washington, DC 20036
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]

Attorneys for Amicus Curiae Service Employees International Union
007000-18 934868 V1

CORPORATE DISCLOSURE STATEMENT
Pursuant to Rule 29(a)(4)(A) of the Federal Rules of Appellate
Procedure, Service Employees International Union makes the following
disclosures:
(1) For non-governmental corporate parties please list all parent
corporations: None
(2) For non-governmental corporate parties please list all publicly
held companies that hold 10% of more of the party’s stock: None
Dated: February 6, 2017

Respectfully Submitted,
HAGENS BERMAN SOBOL SHAPIRO
LLP
By

/s/ Steve W. Berman

Steve W. Berman
Andrew M. Volk
1918 Eighth Avenue, Suite 3300
Seattle, Washington 98101
Telephone: [phone]
[e-mail]

Attorneys for Amicus Curiae Service
Employees International Union

007000-18 934868 V1

TABLE OF CONTENTS
Page
I. 

INTRODUCTION ........................................................................................... 1 

II. 

STATEMENT OF INTEREST OF AMICUS CURIAE ................................. 3 

III. 

ARGUMENT ................................................................................................... 3 
1. 

Sara.............................................................................................. 5 

2. 

Dr. Kamal Fadlalla ...................................................................... 6 

3. 

Dasin ........................................................................................... 8 

4. 

Nadia ........................................................................................... 9 

5. 

John ........................................................................................... 11 

6. 

Halima ....................................................................................... 12 

IV.  CONCLUSION ........................................................................................... 14 

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TABLE OF AUTHORITIES
Page(s)
Statutes
8 U.S.C. § 1152(a)(1)(A) ........................................................................................... 2

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I.

INTRODUCTION

The profoundly adverse and discriminatory effects of the
Executive Order are already wreaking havoc on the State of
Washington and its residents— including members of the Service
Employees International Union (“SEIU”)1. Because the Executive
Order bans individuals from seven predominately Muslim countries
from entering the United States, and is plainly driven by animus
against Muslims, the Executive Order violates the Constitution’s ban on
discrimination based on national origin and religion. The Executive
Order cannot satisfy even the deferential rational basis test, as it does
nothing to further its purported goal of protecting the U.S. from
terrorist attacks. Heavily-vetted children fleeing war-torn countries
pose no more threat of terrorism to this country than did Jewish people
fleeing Czarist Russia. The Executive Order also violates the Due
Process Clause of the Constitution by denying lawful permanent
1

Amicus affirms that no counsel for any party authored this brief in whole or in
part, and no counsel or party made a monetary contribution intended to fund the
preparation or submission of this brief. No person other than Amicus or their
counsel made a monetary contribution to its preparation or submission.

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residents and visa-holders the ability to enter Washington without
notice and the opportunity to be heard, and others of the statutory right
to seek asylum. Finally, the Executive Order violates the Immigration
and Nationality Act’s prohibition on discrimination in the issuance of
visas based on nationality, place of birth, or place of residence.2
Consistent with our nation’s laws, the Executive Order cannot stand,
and the District Court properly granted Plaintiffs-Appellees motion for
a Temporary Restraining Order to maintain the status quo pending a
full evaluation of the unprecedented and patently unconstitutional
Executive Order.
The SEIU respectfully urges that the Court deny the government’s
motion for a stay of the Temporary Restraining Order in order to
prevent harm to the States, their businesses, and their residents. The
SEIU writes to further document the immediate and irreparable harm
Washington State residents—including SEIU members, their families,
and their communities.

2

8 U.S.C. § 1152(a)(1)(A).

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II.

STATEMENT OF INTEREST OF AMICUS CURIAE

The SEIU is a labor organization representing approximately two
million men and women in the United States and Canada employed in
the private and public sectors. Many SEIU members are foreign-born
U.S. citizens, lawful permanent residents, or immigrants authorized to
work in the United States. Many SEIU members have mixed-status
families. Many SEIU members and their families are directly affected
by the Executive Order barring entry into the United States based on
national origin.
III.

ARGUMENT

The impact of the Executive Order on the SEIU and its members
is profound and highlights the State’s pressing interest in protecting its
residents and preserving its tax base. The SEIU has over 100,000
members in Washington State in five local chapters, including the
Public School Employees of Washington (representing over 28,600
public school employees); SEIU Healthcare 1199NW (over 29,000
nurses and healthcare workers across the state); SEIU Local 775 (over
40,000 long-term care workers providing in-home and nursing home

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care in Washington and Montana); SEIU Local 6 (over 4,000 janitors,
security officers, stadium and airport workers); and SEIU Local 925
(17,000 education, governmental, and non-profit workers).
A large percentage of these workers are immigrants. For
example, more than 40% of SEIU Local 6’s members are immigrants.
The Executive Order will accordingly have an enormous impact on
them. As an SEIU website states: “Among the members of SEIU
Healthcare 1199NW are countless immigrants and refugees, green card
holders and legal permanent residents, who care for our community’s
patients and mental health clients every day. [President] Trump’s
order means these caregivers face travel bans, could be unable to
reunite with families, and will face more hate and discrimination in our
community.”
SEIU members work in industries that touch Washington
residents’ daily lives. They help educate the State’s children, care for
the State’s elderly and infirm, keep the schools and buildings clean and
secure, and—ironically enough—facilitate air travel in and out of the
State. The impact on the State from losing these workers is self-

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evident, and the Executive Order makes the State less secure and less
prosperous as long as it stays in effect—and the State is obliged to
protect the safety and prosperity of its residents. The risk and danger
to SEIU members posed by the Executive Order, and the corresponding
negative impacts on the State, are concrete and immediate. Many
individuals—including SEIU members and those in their communities
and families—have recounted their stories to SEIU staff. These
individuals are fearful and do not want to reveal their identity.
1.

Sara

Sara is a 33-year-old registered nurse and member of SEIU
1199NW who lives in Seattle. She came to the U.S. from Somalia when
she was 12 years old. Both Sara and her parents are U.S. citizens;
however, almost all of her extended family lives in Somalia.
Sara is adversely impacted by the Executive Order because her
legitimate fear prevents her from travelling back to Somalia to visit her
family. She has spent most of her life in the U.S. and considers this her
home. She fears that if she leaves the U.S. she will not be able to get

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back in. Sara is also worried that her relatives will never be able to
come to the U.S. and visit her and her four children.
Sara’s father is currently in Somalia visiting her grandmother.
While her diabetic father was in Somalia, he developed a bad foot
infection. His treatment in Somalia went badly, and he needs to return
to the U.S. for medical treatment. Sara fears that her father, even
though a U.S. citizen, will get detained when trying to re-enter the U.S.
He is a senior citizen in need of immediate medical attention and will
face serious health risks if he is detained.
2.

Dr. Kamal Fadlalla

Dr. Kamal Fadlalla is a 33-year old second-year resident in
internal medicine at Interfaith Medical Center in Brooklyn, New York.
Dr. Fadlalla is a Muslim and citizen of Sudan who has been lawfully
working in the United States for 20 months under the terms of his H-1B
visa. In his work at Interfaith, Dr. Fadlalla serves a predominantly
low-income patient base in the Brooklyn communities of Bedford–
Stuyvesant and Crown Heights. Dr. Fadlalla is dedicated to his
patients, many of whom have a myriad of health problems.

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On January 13, 2017, a week before President Trump’s
inauguration, Dr. Fadlalla traveled to Sudan to visit family. Two weeks
later, co-workers advised him to return to the United States because of
rumors that President Trump would soon be imposing a travel ban on
citizens from Muslim-majority countries. Dr. Fadlalla immediately
arranged for his return to the United States, but was one day too
late. On January 28, while he was waiting to board a plane in
Khartoum with his boarding pass and valid visa, the airline agents told
him he could not board due to the ban.
Dr. Fadlalla stayed in Sudan while his friends, colleagues and
union worked to bring him back. Dr. Fadlalla worried that his hospital
and patients would suffer in his absence. “My colleagues are going to be
affected. My hospital is going to be affected. And for sure, my patients
are going to be affected.”
Dr. Fadlalla is one of the many doctors trained at foreign medical
schools. Each year, around a quarter of the residents and fellows in
advanced training programs around the U.S. attended medical school

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outside the country. While some of those are U.S. citizens or permanent
residents, about 15 to 20 percent of the total are not.
After the district court’s order in State of Washington v. Donald
Trump, Dr. Fadlalla successfully boarded a plane and arrived in the

United States on February 5, 2017. He was greeted at JFK airport by
colleagues, fellow union members, and elected officials, all eager for his
return.
3.

Dasin

Dasin was born in Iraq and lived there until 2012. He is Muslim.
His father and uncle both worked for the U.S. Army in Iraq for about
four years. Dasin helped his father and uncle while they were working
for the U.S. Army. When the U.S. Army left Iraq it was very dangerous
for Dasin and his family. ISIS bombed the front of Dasin’s home,
injuring Dasin in the face and neck. Dasin and his family then went to
Turkey as refugees. Dasin had trouble finding work in Turkey because
he was a refugee and faced discrimination.
Dasin came to the U.S. in 2013 and now lives Washington with his
four siblings and his parents. He graduated high school in 2015. He

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now works part-time as a dispatcher for a large company and part-time
as a driver. Dasin is impacted by the Executive Order because he has
many family members in Iraq that he can no longer see. Dasin’s family
hoped to bring Dasin’s grandfather, grandmother, and uncle to the
United States. Dasin fears that if his relatives are not able to come to
the United States they will be killed in Iraq. Dasin has two close
friends, also Iraqi refugees, who he met while living in Turkey. They
waited several years to be processed for resettlement in the United
States and scheduled flights for the United States this month. However,
they had to cancel their flights after the Executive Order.
4.

Nadia

Nadia is a 21 year-old Muslim woman who was born in the United
States and is a U.S. citizen. Her parents are both U.S. citizens and
originally from Somalia. Her mother is a childcare worker and member
of SEIU Local 925. Nadia is studying to become a social worker and
working part-time as a caregiver for her grandmother. She lives at
home with her two parents and three siblings in Washington. Her
father is currently in Somalia visiting her extensive family there..

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Nadia is adversely impacted by the Executive Order because she
hopes to be married in the U.S. to a Yemeni citizen currently residing in
Saudi Arabia. Nadia was introduced to her fiancé through her parents,
who met the man while they were on a pilgrimage to Saudi Arabia.
Nadia and her fiancé spoke by phone and video chat for several months
before she decided to visit him in Saudi Arabia. During the month that
she spent in Saudi Arabia with her fiancé, she became increasingly
drawn to his kindness, thoughtfulness, and great personality, and the
couple decided to get married. When Nadia returned to the U.S. in
March 2016, she filed an immigration application for her fiancé, a K-1
“fiancé” visa. Her fiancé’s application was approved pending a final
interview at the U.S. Embassy abroad.
Nadia is fearful for both herself and her fiancé. Nadia is worried
she will have to move to Saudi Arabia to be with her fiancé, and leave
her home in the U.S. because it is too “hard to live our lives separately.”
Nadia has been unable to see her fiancé, whom she misses dearly, due
to the expense of flying to Saudi Arabia. Nadia’s fiancé is really

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frightened that he will not be able to see her again, and upset that he is
unable to move to the U.S. and start a life with Nadia.
5.

John

John lives in Washington with his wife and three children. He
came to the United States from Iran in 1978 as a student, was
recognized as a religious refugee, and became a U.S. citizen in 1990.
The Executive Order adversely affects John’s family and his
business. John has several relatives living in Iran currently facing
religious persecution because they are of the Baha’i faith. John’s
parents fled Iran in 1982 after three of his uncles were killed by an
Iranian firing squad. John is now worried that his relatives cannot visit
him or his family because of the immigration ban. John also has
relatives who are Iranian citizens but reside all over the world. He is
worried that they cannot visit him in the United States.
The Executive Order is also harming John’s business, which is a
small health clinic in Seattle. The comprehensive integrative clinic
uses both Western and Eastern medicine. The clinic treats about 20
patients from Canada who are Iranian citizens. John estimates that

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those patients comprise about 20 percent of his business, and the
Executive Order would ban those patients from entering Washington.
6.

Halima

Halima, a Muslim woman, lives in Seattle, Washington with her
husband and children. She came to the United States from Somalia in
2001 as a legal resident, and became a U.S. citizen in 2008. Halima is a
caregiver for disabled and elderly patients and has been a member of
SEIU Local 775 since 2008. Although Halima and two of her children
are U.S. citizens, her husband and her other four children are legal
residents (green card holders). One of her children is in school; two of
them attend community college; the other three children are working.
The Executive Order greatly worries Halima. She worries that
her children may be attacked because of the hateful environment fueled
by the Executive Order—particularly her four daughters, who all wear
a hajib.
The husband of one of Halima’s friends flew into the Seattle
airport on January 27, 2017 with an approved visa, but was returned
back to Somalia. Her friend, a U.S. citizen, was waiting for her

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husband and couldn’t even see him before he was turned around and
sent back to Somalia—even though he was here legally. This incident
has terrorized Halima’s entire family. As Halima said, “[i]f they can
treat people with green cards and visas the way they treated these
people, who knows if they will come after naturalized citizens next? No
one is safe.”
The accounts of these individuals demonstrate that the Executive
Order has an immediate and concrete impact on the well-being of
Washington State citizens and others throughout the nation and is a
matter of State concern. The Executive Order is separating families for
no justifiable reason, causing many of Washington’s citizens—including
SEIU members—harm and distress when they face the genuine risk
that they will be permanently separated from their loved ones. The
State has a singular interest in protecting its citizens from precisely
this type of irreparable harm from any source, including the federal
government.

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IV.

CONCLUSION

The SEIU respectfully requests that the Court deny the
government’s motion for a stay of the Temporary Restraining Order.
DATED: February 6, 2017
HAGENS BERMAN SOBOL
SHAPIRO LLP
By

/s/ Steve W. Berman

Steve W. Berman
Andrew M. Volk
HAGENS BERMAN SOBOL
SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, Washington 98101
Telephone: [phone]
[e-mail]

Nicole G. Berner
Deborah L. Smith
Trisha S. Pande
SERVICE EMPLOYEES
INTERNATIONAL UNION
1800 Massachusetts Avenue, NW
Washington, DC 20036
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]

Attorneys for Amicus Curiae Service Employees
International Union

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CERTIFICATE OF COMPLIANCE
This brief complies with the typeface and type style requirements
of Fed. R. App. P. 32(a)(5)(a) and (a)(6) because it has been prepared in
a proportionally spaced typeface, using Microsoft Word in Century 14point font.
This brief complies with the type-volume limitations of Fed. R.
App. P. 29(d) because it contains 2,407 words excluding the parts
exempted by Fed. R. App. P. 32(a)(7)(B)(iii). (The maximum number of
words is 2,600 for an amicus brief in connection with a motion, which
has a word limit of 5,200 words under Fed. R. App. P. 27(d)(2)(A)).
Date: February 6, 2017
HAGENS BERMAN SOBOL SHAPIRO LLP
By

/s/ Steve W. Berman
Steve W. Berman
Andrew M. Volk
1918 Eighth Avenue, Suite 3300
Seattle, Washington 98101
Telephone: [phone]
[e-mail]
Attorney for Amicus Curiae Service Employees
International Union

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CERTIFICATE OF SERVICE
I hereby certify that I electronically filed the foregoing with the Clerk of the
Court for the United States Court of Appeals for the Ninth Circuit by using the
appellate CM/ECF system on February 6, 2017.
All participants in the case are registered CM/ECF users and will be served
by the appellate CM/ECF system.
HAGENS BERMAN SOBOL SHAPIRO LLP
By

/s/ Steve W. Berman
Steve W. Berman
Andrew M. Volk
1918 Eighth Avenue, Suite 3300
Seattle, Washington 98101
Telephone: [phone]
[e-mail]
Attorney for Amicus Curiae Service Employees
International Union

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