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)

THIRD
DECLARATION OF
JEFFREY
RIEDINGER

1

2
3
4
5
6
7
8

UNITED STATES DISTMCT COURT
WESTERN DISTMCT OF WASHINGTON

9
10

STATE OF WASHINGTON,
Plaintiff,

11
12
13

CW1L ACTION NO. 2:17-cv-00141-JLR

V.

14

DONALD TRUMP, in his official
capacity as President of the United
States; U.S. DEPARTMENT OF

15

THIRD DECLARATION OF JEFFREY
RIEDINGER

HOMELAND SECURITY; JOHN F.

16
17
18

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,

19
Defendants.

20
21

I, Jeffrey Riedinger, hereby declare and affirm as follows:

22

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

23
24

competent to testify about them.
2. I have made further inquiries to determine the extent to which the exclusion of

25

Iraq from the list of countries subject to newly issued Executive Order 13769 affects the statistics

26

referenced in my prior declarations. I have learned that of the 96 current students referenced in

THIRD DECLARATION OF
JEFFREY RIEDINGER

ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue, Suite 2000
Seattle, WA 98104-3188

[phone]

paragraph 5 of my declaration of January 30,2017,only one is from Iraq. Accordingly, many of

2
3

4

the concerns raised in that declaration regarding potential impacts to these students (and by
extension to the University of Washington) continue to be applicable under the new Executive
Order.

5
6

7

3. I have also been informed by the University's International Scholars Operations

(ISO) of the following updated information regarding visiting international scholars (referenced
in paragraph 10 of my second declaration, dated February 7, 2017):

8

a. ISO'S most current list of J and H visa scholars has 14 scholars from the six countries

9

specified in the new Executive Order: twelve from Iran, one from Iraq, and one from

10

Syria. Of those 14, two are not currently in the U.S.

11

b. One scholar from Iran, who currently resides in Canada, was supposed to start on

12

March 15, 2017 as a Research Associate in Engineering. ISO'S information indicates

13

that he received his U.S. visa in December 2016, but the last ISO heard from the

14 If

scholar was that he was waiting for his family to get their J-2 visas. It is unclear

15

whether his family will be able to obtain their visas in light of the new Executive

16

Order, which may in turn affect the scholar's decision to come to the University.

17

c. The second scholar is a prospective Visiting Scientist from Iran with a June 1, 2017

18

anticipated start date in medicine. Per the information available on SEVIS, this

19 11

scholar does not yet have a visa.

20
21
22
23

4. Based on the foregoing, I continue to have concerns regarding the impacts of the
revised Executive Order on the University. Although the impacts will likely be lessened because
the revised Order does not apply to lawful permanent residents and persons holding valid visas

as of its effective date, I believe it will still have many of the negative effects on the University

24 || _

referenced in my prior declarations. The uncertainty regarding whether potential students and

25

visiting scholars from the six countries listed in the new Executive Order will be able to obtain

26
THIRD DECLARATION OF 2 ATTORNEY GENERAL OF WASHINGTON
JEFFREY RIEDINGER 80° Fifth Avenue, Suite 2000
Seattle, WA 98104-3188
[phone]

visas to come study at the University will almost certainly have an impact on the applications

2
3

4
5

6
7

8 II

and enrollment of such students. Further, I continue to be concerned that any current or
prospective UW research or training programs in any of the listed countries (and potentially also
those in other majority-Muslim countries) will be negatively impacted because of the potential
retaliatory actions by those countries against U.S. scholars.
I declare under penalty of perjury that the foregoing is tme and correct to the best of my
knowledge.
Executed on this '• • ' •• day of March, 2017.

9
10
11

Jeffrey Riedinger

12
13
14
15

16
17
18
19
20
21
22
23
24
25
26
THIRD DECLARATION OF 3 ATTORNEY GENERAL OF WASHINGTON
JEFFREY RIEDINGER 80° Fifth Avenue' suite 200°
Seattle, WA 98104-3188

[phone]