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

Filing 118

Second MOTION to Amend Complaint, filed by Plaintiff State of Washington. (Attachments: # 1 Complaint Second Amended, # 2 Exhibit Exhibits to Second Amended Complaint, # 3 Index of Declarations, # 4 Decl. of R. Althaibani, # 5 Decl. of S. Amin, # 6 Decl. of B. Callaghan, # 7 Decl. of S. Dadgari, # 8 Decl. of A. Elfgeeh, # 9 Decl. of N. Fallah, # 10 Decl. of H. Ghasemzadeh, # 11 Decl. of E. Hassett, # 12 Decl. of A. Mubarez, # 13 Decl. of S. Parsian, # 14 Decl. of Z. Rasouli, # 15 Decl. of A. Shayegan, # 16 Decl. of J. Sime, # 17 Decl. of R. Branon, # 18 Decl. of A. Chaudhry, # 19 Decl. of D. Eaton, # 20 Decl. of D. Heatwole, # 21 Decl. of S. Hemmati, # 22 Decl. of R. Lewin, # 23 Decl. of A. Mehrizi-Sani, # 24 Decl. of V. Rabinowitz, # 25 Decl. of J. Riedinger, # 26 Decl. of V. Shah, # 27 Decl. of J. Wasserheit, # 28 Decl. of J. Wasserheit, # 29 Decl. of J. Wood, # 30 Decl. of N. Zimpher, # 31 Decl. of S. Buell, # 32 Decl. of R. Fullerton, # 33 Decl. of P. Johnson, # 34 Decl. of A. Lavine, # 35 Decl. of D. Pashman, # 36 Decl. of M. Rosenn, # 37 Decl. of M. Saunders, # 38 Decl. of J. Simeone, # 39 Decl. of D. Soike, # 40 Decl. of S. Topiwala, # 41 Decl. of J. Truppman, # 42 Decl. of R. Zawaideh, # 43 Decl. of M. Akhtari, # 44 Decl. of M. de Leon, # 45 Decl. of R. Eskandari, # 46 Decl. of T. Johnson, # 47 Decl. of E. Scherzer, # 48 Decl. of W. Berkovitz, # 49 Decl. of D. Duea, # 50 Decl. of L. Warren, # 51 Proposed Order) Noting Date 3/31/2017, (Melody, Colleen)

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SECOND DECLARATION OF ROVY BRANON 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 10 11 STATE OF WASHINGTON and STATE OF MINNESOTA CIVIL ACTION NO 2:17-cv-00141-JLR Plaintiffs, 12 v. 13 SECOND DECLARATION OF ROVY BRANON 18 DONALD TRUMP, in his official capacity as President of the United States; U.S. DEPARTMENT OF HOMELAND SECURITY; JOHN F. KELLY, in his official capacity as Secretary of the Department of Homeland Security; REX W. TILLERSON, in his official capacity as Secretary of State; and the UNITED STATES OF AMERICA, 19 Defendants. 14 15 16 17 20 I, Rovy Branon, hereby declare and affirm as follows: 21 1. I am over the age of 18 and am competent to testify herein. 2. I am providing this declaration to supplement my first declaration dated 22 23 February 9, 2017. 24 3. I am the Vice Provost for the Continuum College, a self-sustaining unit of the 25 University of Washington (UW). Continuum College operates a broad range of fee-based 26 SECOND DECLARATION OF ROVY BRANON 1 ATTORNEY GENERAL OF WASHINGTON 1 programs for the UW, including a large International English Language Program (IELP) that 2 attracts students from around the world. 3 4. I understand that on March 6, 2017 the President of the United States issued a 4 Revised Executive Order on immigration, which is to take effect on March 16, 2017, and that 5 this Revised Order is intended to replace the Original Executive Order on immigration issued 6 on January 27, 2017. 7 5. I understand that, among other things, the Revised Executive Order generally 8 imposes a 90-day ban on the entry into the U.S. by persons from the countries of Iran, Libya, 9 Somalia, Sudan, Syria, and Yemen, subject to certain exceptions. 10 6. Continuum College’s IELP has routinely enrolled students from these countries. 11 The students who come to the UW for the IELP pay a program fee of $3,680 per quarter and a 12 registration fee of $45.00 per quarter. The IELP offers entry to students at the beginning of 13 each quarter during the academic year (fall, winter, spring and summer academic quarters). 14 7. In my First Declaration, I indicated that four students (three from Libya and one 15 from Yemen) had been accepted into the IELP for Spring Quarter (which begins on March 22, 16 2017) and had been issued F-1 visas. I have since clarified that the students had not been 17 issued F-1 visas. Instead, they had been issued by the University of Washington a Form I-20, 18 “Certificate of Eligibility for Nonimmigrant Student Status,” which each student would use to 19 apply for or obtain a visa to enter the U.S. in time to start the IELP. I have also clarified that 20 the student from Yemen, who had been accepted into the IELP for Spring Quarter, asked after 21 the issuance of the initial Executive Order to defer his start date to Summer Quarter 2017. 22 8. In my First Declaration, I also indicated that there was one student from Iran 23 who had been accepted into the IELP for Summer Quarter 2017 and that she had been issued 24 an F-1 visa. I have since clarified that she had been issued a Form I-20 by the University and 25 had not been issued an F-1 visa. She had initially applied for and had been accepted for Spring 26 SECOND DECLARATION OF ROVY BRANON 2 ATTORNEY GENERAL OF WASHINGTON 1 Quarter 2017, but requested to defer her start to Summer Quarter 2017. (This request was 2 made before the issuance of the initial Executive Order.) 3 9. The three accepted students from Libya for Spring Quarter have not responded 4 to Continuum College’s communications sent since the issuance of the January 27, 2017 Order 5 and have not confirmed their intention to enroll in the IELP. According to my staff, none of 6 them have been issued a visa to enter the U.S. I presume that they have chosen not to pursue 7 studies at the University of Washington. If so, the University will lose the fees that each 8 student would have paid to participate in the IELP. 9 10. The accepted student from Yemen and the accepted student from Iran, who are 10 scheduled to start the IELP in Summer Quarter 2017, have not yet been granted visas to enter 11 the U.S. With the issuance of the Revised Order, it is unclear that these students will be 12 granted visas in order to enter the U.S. in time for the start of Summer Quarter, which starts on 13 June 13, 2017. These student will likely need to defer again, or will choose not to pursue 14 studies at the University of Washington. Should they not enroll, the University will lose the 15 fees that each student would have paid to participate in the IELP. 16 11. I am aware of one currently enrolled IELP student from one of the six countries 17 specified in the Revised Executive Order. This student has a single entry visa (which enabled 18 her to enter the U.S.) and now cannot leave the U.S. while a ban is in place without running the 19 risk that she will not be able to obtain another visa in order to return to the U.S. to complete her 20 studies. 21 12. In my First Declaration, I stated that Continuum College had sponsored a 22 professional instructor from Waseda University in Japan, who is a citizen of Iran, to participate 23 in a regular short term faculty training program offered through Continuum College under an 24 agreement with Waseda and that it was unknown whether this instructor would be able to 25 commence the training program on February 27, 2017. This instructor was able to enter the 26 U.S. and complete the University’s faculty training program because of the Temporary SECOND DECLARATION OF ROVY BRANON 3 ATTORNEY GENERAL OF WASHINGTON 1 Restraining Order issued by the U.S. District Court in Western Washington and the 2 Preliminary Injunction issued by the Ninth Circuit of the Court of Appeals. Had these not been 3 in place, the University would have lost the fee charged for the faculty training program. If a 4 ban remains in place, other similarly situated participants (from the six countries) for the 5 faculty training program may not be able to participate. 6 13. I have reviewed the February 9, 2017 Declaration of Judith Wood, Senior 7 Manager of Program Operations of Continuum College, whose responsibilities include 8 overseeing the Visiting International Student Internship and Training (VISIT) program. I have 9 since verified that the two VISIT interns described in Ms. Wood’s declaration are each citizens 10 11 of one of the six countries specified in the Revised Executive Order. 14. Since the issuance of the First Executive Order, Continuum College has not 12 received any applications from any of the six countries named in the Revised Executive Order, 13 which is unusual, especially from Libya, Iran, and Yemen. (In 2016, the IELP enrolled seven 14 students from Libya, two from Iran, and one from Yemen.) Students from the six countries 15 provide an important element of diversity to the IELP and to the University. 16 15. My staff has also observed that the total number of applications to the IELP 17 (this includes countries outside of the specified six) has decreased at least 24% from this time 18 last year. While I cannot say this is solely due to the issuance of the two Executive Orders, I 19 do have concerns about the longer term effects on the IELP if students cannot come to the U.S. 20 and/or choose not to study English in the U.S. given the perception that foreign nationals are 21 not welcome here. This would not only have a financial impact on the University, but also an 22 impact on the University’s status as a diverse and global institution of higher education. 23 // 24 25 26 SECOND DECLARATION OF ROVY BRANON 4 ATTORNEY GENERAL OF WASHINGTON

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