State of Washington, et al., v. Trump., et al
Filing
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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
NANCY L. ZIMPHER
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The Honorable James L. Robart
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
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STATE OF WASHINGTON and
STATE OF MINNESOTA,
Plaintiffs,
CIVIL ACTION NO. 2:17-cv-00141-JLR
v.
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 Acting Secretary of State; and the
UNITED STATES OF AMERICA,
Defendants.
Pursuant to 28 U.S.C. § 1746(2), I, Nancy L. Zimpher, hereby declare as follows:
1. I am the Chancellor of the State University of New York (“SUNY” or “university”).
2. As Chancellor, I routinely gather information about the operation of the institutions
comprising SUNY as well as the university as a whole.
I have compiled the
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information in the statements set forth below through SUNY personnel who have
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assisted me in gathering this information from SUNY campuses.
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3. SUNY is the largest comprehensive university system in the United States, comprised
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of 64 institutions including research universities, academic medical centers, liberal arts
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colleges, community colleges, colleges of technology and an online learning network.
Each year SUNY students and faculty across the state make significant contributions
to research in the fields of medicine, engineering, technology, among others.
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ATTORNEY GENERAL OF NEW YORK
120 Broadway
New York, NY 10271-0332
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4. SUNY educates approximately 445,000 students in more than 7,500 degree and
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certificate programs and nearly 2 million in workforce and professional development
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programs. SUNY draws students from every state in the United States and 160 nations
around the world. SUNY employs more than 88,000 faculty and staff and has over 3
million alumni worldwide.
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5. SUNY was founded as a university of opportunity, educating all, including those who
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would not be admitted to other institutions of higher education because of their race,
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religion or national origin. As a public university system, SUNY’s core mission is to
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ensure that all of its students, whatever their background, have access to high-quality
education and training that develop the skills and knowledge necessary to build a
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rewarding life and career.
6. Shortly after the January 27, 2017 Executive Order, titled “Protecting the Nation from
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Foreign Terrorist Entry Into the United States” (“January 27 Executive Order”) went
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into effect, I, along with SUNY Board Chairman H. Carl McCall, issued a statement to
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SUNY students, faculty and staff expressing SUNY’s support for individuals affected
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by the January 27 Executive Order. The statement also recommended suspending travel
plans to the countries included in the January 27 Executive Order.
7. In addition, the presidents of several SUNY campuses issued statements in response to
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the January 27 Executive Order to their students, faculty and staff offering support for
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individuals affected by the January 27 Executive Order and recommending that those
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individuals avoid international travel until further notice.
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ATTORNEY GENERAL OF NEW YORK
120 Broadway
New York, NY 10271-0332
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8. President Trump’s March 6, 2017 Executive Order, titled “Protecting the Nation from
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Foreign Terrorist Entry Into the United States” (“Executive Order”) could undermine
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SUNY’s core mission. It threatens the free exchange of ideas and scholarship between
SUNY schools and the affected countries and frustrates SUNY’s ability to benefit from
the talents of students and scholars from the countries listed in the Executive Order.
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9. SUNY enrolls more than 22,000 international students from 160 different countries. Of
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those students, approximately 232 visa holders are from the 6 countries listed in the
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Executive Order throughout the SUNY system.
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10. The issuance of the Executive Order could impact a number of SUNY students, who
are attempting to start, continue or complete their education, from entering the United
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States, if they do not already have valid visas or need to renew their visas.
11. Although the Executive Order allows immigration-enforcement officials to issue
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waivers to permit admission of nationals from the 6 listed countries if there is proof
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that denying entry "would cause undue hardship, and that his or her entry would not
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pose a threat to national security and would be in the national interest," it is on a case-
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by-case basis. Therefore, it is uncertain how difficult it will be for SUNY students or
faculty or prospective students or faculty to obtain a waiver.
12. In addition, SUNY is deeply concerned that current uncertainties resulting from the
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Executive Order as well as fears that it will be expanded to other nations will have a
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chilling effect on international students applying to colleges and universities in the
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SUNY system.
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ATTORNEY GENERAL OF NEW YORK
120 Broadway
New York, NY 10271-0332
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13. Further, several SUNY institutions actively recruit international students. For example,
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representatives from Binghamton University travel around the world to attract the best
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and brightest graduate students to its top rated programs. It also invested resources into
digital marketing campaigns and other social media outlets. The Executive Order could
undermine these activities and could negatively impact Binghamton and other SUNY
schools’ recruitment efforts to attract top international students.
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14. SUNY fears that prospective students who may have applied to colleges and
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universities within the SUNY system are now considering other options in other
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nations.
15. Further, SUNY may need to assist students from the affected countries with living and
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housing expenses who cannot return home for the summer because their visas expired
and may not be renewed as a result of the Executive Order.
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16. Overall, this Executive Order could undermine SUNY’s unwavering commitment to
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diversity, equity and inclusion and could cause SUNY and New York State harm.
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I declare under penalty of perjury that, to the best of my knowledge, the foregoing is true and
correct.
Executed on this 11th day of March, 2017
/s/ Nancy L. Zimpher_________________
Nancy L. Zimpher
Chancellor, State University of New York
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ATTORNEY GENERAL OF NEW YORK
120 Broadway
New York, NY 10271-0332