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

Filing 101

DECLARATION of Margarett Everett in Support of State of Oregon's Motion to Intervene filed by Plaintiff State of Oregon re 94 MOTION to Intervene Attorney Scott J Kaplan added to party State of Oregon(pty:pla) (Kaplan, Scott)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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CASE NO. C17-0141JLR

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STATE OF WASHINGTON, et al.,
Plaintiffs,

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DECLARATION OF MARGARET
EVERETT

v.
DONALD J. TRUMP, et al.,

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Defendants.

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I, Margaret Everett, hereby declare and affirm as follows:
1. I am over the age of 18 and competent to testify.
2. I am employed by Portland State University ("PSU") and serve as Vice Provost for
International Affairs and Dean of Graduate Studies. I have personal knowledge of the
facts set forth in this declaration and I am competent to testify about them.
3. Portland State University is an urban public research university located in downtown
Portland, Oregon. PSU's Mission is to serve and sustain a vibrant urban region through
creativity, collective knowledge, and expertise. The research and teaching of PSU has a
global impact. PSU is dedicated to collaborative learning, innovative research,
sustainability, and community engagement among a diverse community of life-long
learners.
4. Consistent with that Mission, Portland State University has a rich and diverse student
body, including a significant number of international students who are an essential part of
the community, who add to and enhance the experience of all students, and who provide
an important part of PSU's enrollment revenue.
DECLARATION OF MARGARET EVERETT - 1

OREGON DEPARTMENT OF JUSTICE
1162 Court Street
Salem, OR 97301
Telephone: [phone]
Fax: [phone]

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5. Portland State University has a cuiTent enrollment of approximately 25,000 students, with

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eight percent (8%), or 1929, being international students. "International students" are

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foreign nationals studying at PSU pursuant to a U.S. government-issued visa.

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6. I am familiar with the Executive Order entitled "Protecting the Nation from Foreign

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Terrorist Entry into the United States," which I understand to temporarily bar any person

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entering the United States who is a citizen of any of the following seven countries: Syria,

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Iraq, Iran, Somalia, Sudan, Libya, and Yemen ("the affected countries").

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7. Of the 1929 international students enrolled at PSU during the current academic term, 59
students are citizens of five of the affected countries: Iran, Iraq, Yemen, Libya, and Syria.

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The 59 students are at PSU under valid student visas. I believe these 59 students, along

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with all international students, enhance the educational experience of all students, faculty

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and staff at Portland State University.

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8. International students at PSU pay non-resident tuition and fee rates which are

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significantly higher than in-state resident tuition and fee rates. I have consulted with the

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University Budget Office and am informed that approximately $33 million of Portland

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State University's net tuition and fee revenue in academic year 2015-16 was derived from

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international students. This amount is approximately 13% of PSU's total net tuition and

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fees for 2015-16. This amount does not include housing or other auxiliary revenues

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received by PSU from international students. 1

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9. The implementation of the Executive Order has had a chilling effect on the PSU

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community and a negative impact on the lives of affected international students. PSU has

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advised the 59 affected students not to leave the country out of concern they would not be

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able to return to resume their studies.

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10. I understand that international students and their parents, as well as faculty and staff, are

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1 I understand it is estimated that in 2015, Portland State University's international students contributed $71.1
million to the U.S. economy, supporting 877 jobs. See NAFSA: Association of International Educators at
https://istartiu.edu/nafsaireports/state.cfm?state=OR&year=2015.

DECLARATION OF MARGARET EVERETT - 2

OREGON DEPARTMENT OF JUSTICE
1162 Court Street
Salem, OR 97301
Telephone: [phone]
Fax: [phone]

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worried about the travel restrictions generally, and specifically, for the 59 current

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students from the affected countries. Some international students at PSU are worried

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about their ability to travel to their home countries and then be able to return to complete

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their studies, particularly in the event of a family or other emergency, and about the

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ability of family members to visit or to attend significant events such as commencement.

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11. In addition, PSU has significant partnerships with foreign universities outside of the

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affected countries through which students can transfer to PSU and from which PSU

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derives a significant number of its international students. I have heard from such

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partnership universities with concerns about the safety and fair treatment of their students

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in the United States in light of the Executive Order.
12. We have seen negative impacts to the personal and professional lives of persons affiliated

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with PSU as a result of the Executive Order. For example, the Executive Order has

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already negatively impacted a visiting researcher and a recent graduate.

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13. The impacted visiting researcher is funded by a university in Finland but is an Iranian

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national. This visiting researcher came to PSU from Finland in January 2016 to conduct

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research related to water resources engineering in collaboration with faculty in PSU's

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Maseeh College of Engineering and Computer Sciences. He returned to Finland over the

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winter break and was scheduled to leave Europe to return to the United States on January

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27, 2017. He was not allowed to board his flight, despite holding a valid J-1 visa. To

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date, the visiting researcher has not returned to PSU and it is unclear at this time whether

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he will do so, thereby depriving PSU of the important research he was conducting on our

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campus.

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14. The impacted recent graduate is an Iraqi national who has completed his studies and was

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to return to Portland in order present research conducted by him and his graduate advisor.

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If he is unable to return, he will not be able to present the research as planned. In order to

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allow this former student and faculty member to jointly present their research, PSU
would likely bear the cost of having the research presented outside the United States in
DECLARATION OF MARGARET EVERETT - 3

OREGON DEPARTMENT OF JUSTICE
1162 Court Street
Salem, OR 97301
Telephone: [phone]
Fax: [phone]

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order to enable the former student and faculty member to present jointly. Doing so would

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be consistent with PSU's mission, with the dissemination of knowledge, and with

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allowing a student to participate in the culmination of his work, although doing it outside

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the United States deprives our community of the ability to participate. This is but one

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example of the many ways the Executive Order is likely to impact PSU and our local

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community if it remains in place.

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15. In addition to current student, staff, and faculty impacts, Portland State University is

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concerned about future negative impacts. PSU is presently in the middle of the

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admissions season. To date, I understand PSU has received 84 applications for

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Spring/Summer/Fall 2017 from prospective students from the seven affected countries.

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Thirteen of those students have already been admitted, nine have been denied, and the

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remaining 61 applications are pending an admission decision.

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16. I understand two of the thirteen admitted international students from the affected

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countries are graduate students admitted for the Spring 2017 term. The first day of the

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Spring term is April 3, 2017. These admitted students have been issued F-1 visas, have

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incurred the costs necessary to obtain such visas, and should be able to enter the United

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States on or after February 25, 2017 pursuant to the terms of their visas. If the students

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are not able to travel to the United States for the Spring 2017 term, their positions will not

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be filled and represent lost revenue to PSU. Moreover, the loss of international graduate

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students has a direct, negative impact on research and undergraduate teaching at PSU

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because international graduate students often serve as graduate research assistants and

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graduate teaching assistants at the University.

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17. It is my understanding and belief that many of the international students we have in our

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PSU community are provided a scholarship or other support by their home governments

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to pursue studies in fields such as Engineering, Urban Planning and Public

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Administration in order to contribute to rebuilding and civic improvement efforts in their
home countries after graduation. I believe that the ability of these students to create
DECLARATION OF MARGARET EVERETT - 4

OREGON DEPARTMENT OF JUSTICE
1162 Court Street
Salem, OR 97301
Telephone: [phone]
Fax: [phone]

positive connections and lasting ties with fellow students, the PSU community, Oregon,
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and the United States as a whole, is in our national interest and that alienating PSU's

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current and prospective international students runs counter to that interest. I also believe

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that such actions are counter to the interests of PSU and its ability to fulfill its mission

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and to its students.

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I declare under penalty of perjury that the foregoing is true and correct.

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Executed thiedy of February, 2017

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DECLARATION OF MARGARET EVERETT - 5

OREGON DEPARTMENT OF JUSTICE
1162 Court Street
Salem, OR 97301
Telephone: [phone]
Fax: [phone]