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)

DECLARATION OF
DAVID EATON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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STATE OF WASHINGTON, et al.,
Plaintiffs

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CIVIL ACTION NO. 2:17-cv-00141-JLR

v.
DECLARATION OF DAVID L. EATON
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; TOM SHANNON,
in his official capacity as Acting
Secretary of State; and the UNITED
STATES OF AMERICA,

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Defendants.

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I, David Eaton, hereby declare and affirm:

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1.

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I have personal knowledge of the facts set forth in this declaration and I am

competent to testify about them.
2.

I am the Dean of the Graduate School of the University of Washington. I have

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held this position for more than four years. My responsibilities in this position include

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overseeing admissions of all graduate students for all three campuses of the University of

DECLARATION OF
DAVID L. EATON

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ATTORNEY GENERAL OF WASHINGTON

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Washington (Seattle, Bothell, and Tacoma), and the review and evaluation of over 350 different
graduate degrees in 126 graduate programs.
3.

I understand that the newly issued Executive Order 13769 identifies six countries,

Syria, Libya, Iran, Sudan, Somalia and Yemen, whose nationals will, for at least 90-days, be
categorically restricted from obtaining visas to enter the U.S., subject to certain exceptions. I
have reviewed with my staff the updated Graduate School records relating to applications for
graduate admissions to the UW for the coming Spring, Summer and Fall academic quarters.
Based on that review I have determined that the UW has received, to date, a total of 374
applications for those quarters from prospective students from countries who are included on that
list, and who are not permanent residents of the United States. One of these applications is for
admission for Spring Quarter, 2017 (which begins March 27, 2017). Three of the total are for
admission for Summer Quarter, 2017 (which begins June 19, 2017). The remaining 370 have
applied for admission for Fall Quarter, and 28 of these applicants have been offered admission to
date. (The admissions process is still on-going, so these numbers will change in the coming
days.) A chart summarizing these statistics is attached hereto as Exhibit 1.
4.

We are very concerned that offers made to a significant percentage of these

students could end up not being fulfilled because of the restrictions put in place by the
Executive Order. I have instructed our graduate programs that they should not use country of
origin as a determinant in their admissions decision. However, many are concerned that, if they
make an offer and it is accepted, that the student may not be able to come, and it would then be
too late to fill the position with another offer. This is especially of concern for some of our feebased programs, which need to have all of their positions filled each year in order to meet their
program budgets. There of course is also concern that many of the top students from these 6
countries that receive offers (28 thus far, but that number could go up substantially, since we are
still in the ‘offer’ period for 2017-18) will simply turn them down out of a not unreasonable fear

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DECLARATION OF
DAVID L. EATON

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ATTORNEY GENERAL OF WASHINGTON

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that they would not be able to travel to the U.S. Thus, we are very concerned that the Executive
Order will have a substantial negative impact on both the quality and number of graduate
students enrolling in our graduate programs at the UW for the upcoming year. Regular full time
tuition for regular non-resident graduate students at the UW is currently $10,404 for Fall,
Winter and Spring Quarters, and $10,074 for Summer Quarter. These are the tuition amounts
that the Graduate School generally provides for international applicants’ F-1 visa documents,
although the actual amount paid may vary depending on a student’s academic program. It is my
understanding that, unlike State of Washington residents, International students (i.e., students
who are attending under a student visa) cannot qualify for lower in-state tuition under state law,
and are required to attend full time in order to maintain their visa status. Thus, for potential
forgone revenue for the University of Washington and those graduate programs that depend
upon international students as part of their entering class is substantial.

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5.

Since the date of the issuance of the original Executive Order on January 27 of

this year, a number of applicants from the countries affected by both that Executive Order and
the newly issued Executive Order have contacted the Graduate School with concerns that, due to
the visa restrictions, their applications will no longer be fully considered or that they will not be
able to travel to attend the UW, and some have requested refunds of their application fees and

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deposits. Exhibits 2 attached hereto contains true and accurate copies of examples of e-mail

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messages (with names redacted) received by the Dean’s Office from a number of such

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applicants. The Graduate School has set a policy for this admission season to refund the $85

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application fee, if requested, from students in the seven listed countries affected by the Executive
Order. To date, the Graduate School has provided application fee refunds for at least two

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affected applicants.

DECLARATION OF
DAVID L. EATON

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ATTORNEY GENERAL OF WASHINGTON

Declaration of David L. Eaton
Exhibit 1.

Spring
2017
Iran
Libya
Somalia
Sudan
Syria
Yemen
Total

Submitted Applications
Summer
Autumn
2017
2017
TOTAL
1
1
360
362
0
1
4
5
0
0
0
0
0
0
4
4
0
0
2
2
0
1
0
1
1
3
370
374
Offers To Date
Summer
Autumn
2017
2017

Spring
2017
Iran
Libya
Somalia
Sudan
Syria
Yemen
Total

0
0
0
0
0
0
0

0
1
0
0
0
0
1

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0
0
1
0
0
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TOTAL
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1
0
1
0
0
28

Declaration of David Eaton, Exhibit 2

From:
[mailto:
@
.com]
Sent: Wednesday, March 8, 2017 8:23 AM
To: UW International Student Services <[e-mail]>
Subject: Question about the new executive order

Dear University of Washington
I have a question about the new executive order, I understand your are busy so I am highly
grateful for your time and attention.
I am a M.Sc. student in civil engineering at the University of Tehran (the oldest and the most
prestigious university in Iran). I am applying to your PhD program for the next round of your
admission. Indeed, the University of Washington is one of the best university in the world and to
be one of your PhD students is my dream. To achieve this goal, in recent years, I have striven
strikingly to enhance my CV and get excellent scores in the TOEFL and GRE exams. On the
other hand, The new executive order occasions a great deal of concern and fear for me because I
feel my dream is destroying. Is it feasible for me to apply to your PhD program? Will this order
impact upon your admission and decision? Do I have any chance to be one of your student?
I am distraught and I have lost my concentration due to this issue.
I really appreciate your time and attention
Kind regards
From:
[mailto:
Sent: Wednesday, February 8, 2017 5:37 AM
To: Julia Carlson <[e-mail]>
Subject: Re: FW: Travel ban Executive order

@

.com]

Dear Julia
Thank you for your kind reply, Although I really wanted to attend the University of Washington,
but now I believe that the best course of action is the withdrawal of my application and trying
again away from the political conflicts.
I am really grateful to you for helping me and I hope that someday in future I can have the
chance to see you in person.
Look forward to hearing from you
Best Regards
On Sun, Feb 5, 2017 at 11:52 AM,
wrote:

<

@

.com>

Dear Sir/Madam
My name is
, I applied for PhD Psychology program, and I was born in Iran, As you are aware we
are banned from entering The US and taking Visa. So, I was wondering if I can refund my application fee.
Thank you for your cooperation

Look forward to hearing from you
Best Regards

--

M.Sc in Biomedical Engineering: Bio-Electrics, Amirkabir

University of Technology

B.S in Electrical Engineering: Control Systems, University of Tehra

From:
[mailto:
Sent: Friday, February 17, 2017 12:30 PM
To: Uw Grad Enrollment <[e-mail]>
Subject: asking for refund of application fee.

@

.com]

Dear Sir or Madam,
I am

, I applied for PHD program.

I request to get a refund for my application fee because I am not willing to pursue my education as a Ph.D. student in
education due to Mr.Trump order to ban my country, Iran.
even without this ban, with a more serious vetting for visa in future, my chances to get a visa is minimal right now for my
future, so I am completely disappointed and want to withdraw my application.
Thank you

From:
[mailto:
To: gradlaw <[e-mail]> Subject: Re:

@
.com] Sent: Thursday, February 23, 2017 1:36 PM
: defer

Dear Aaron,
Thank you so much for your email. Can I aske you a question!. How can imagine and consider joining the program
when not only everyone( like me) can not enter into your country because of working for oil companies but also the
president ordered to ban entering Iranian people that added another restriction particularely on me.
Although I am in Switzerland right now but I really like University of Washington.
With my best regards.