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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DECLARATION OF NANCY L. ZIMPHER 1 The Honorable James L. Robart 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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 19 information in the statements set forth below through SUNY personnel who have 20 assisted me in gathering this information from SUNY campuses. 21 3. SUNY is the largest comprehensive university system in the United States, comprised 22 of 64 institutions including research universities, academic medical centers, liberal arts 23 24 25 26 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. 1 ATTORNEY GENERAL OF NEW YORK 120 Broadway New York, NY 10271-0332 1 4. SUNY educates approximately 445,000 students in more than 7,500 degree and 2 certificate programs and nearly 2 million in workforce and professional development 3 4 5 6 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. 7 5. SUNY was founded as a university of opportunity, educating all, including those who 8 would not be admitted to other institutions of higher education because of their race, 9 religion or national origin. As a public university system, SUNY’s core mission is to 10 11 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 12 13 14 rewarding life and career. 6. Shortly after the January 27, 2017 Executive Order, titled “Protecting the Nation from 15 Foreign Terrorist Entry Into the United States” (“January 27 Executive Order”) went 16 into effect, I, along with SUNY Board Chairman H. Carl McCall, issued a statement to 17 SUNY students, faculty and staff expressing SUNY’s support for individuals affected 18 19 20 21 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 22 the January 27 Executive Order to their students, faculty and staff offering support for 23 individuals affected by the January 27 Executive Order and recommending that those 24 individuals avoid international travel until further notice. 25 26 2 ATTORNEY GENERAL OF NEW YORK 120 Broadway New York, NY 10271-0332 1 8. President Trump’s March 6, 2017 Executive Order, titled “Protecting the Nation from 2 Foreign Terrorist Entry Into the United States” (“Executive Order”) could undermine 3 4 5 6 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. 7 9. SUNY enrolls more than 22,000 international students from 160 different countries. Of 8 those students, approximately 232 visa holders are from the 6 countries listed in the 9 Executive Order throughout the SUNY system. 10 11 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 12 13 14 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 15 waivers to permit admission of nationals from the 6 listed countries if there is proof 16 that denying entry "would cause undue hardship, and that his or her entry would not 17 pose a threat to national security and would be in the national interest," it is on a case- 18 19 20 21 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 22 Executive Order as well as fears that it will be expanded to other nations will have a 23 chilling effect on international students applying to colleges and universities in the 24 SUNY system. 25 26 3 ATTORNEY GENERAL OF NEW YORK 120 Broadway New York, NY 10271-0332 1 13. Further, several SUNY institutions actively recruit international students. For example, 2 representatives from Binghamton University travel around the world to attract the best 3 4 5 6 7 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. 8 14. SUNY fears that prospective students who may have applied to colleges and 9 universities within the SUNY system are now considering other options in other 10 11 nations. 15. Further, SUNY may need to assist students from the affected countries with living and 12 13 14 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. 15 16. Overall, this Executive Order could undermine SUNY’s unwavering commitment to 16 diversity, equity and inclusion and could cause SUNY and New York State harm. 17 18 19 20 21 22 23 24 25 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 26 4 ATTORNEY GENERAL OF NEW YORK 120 Broadway New York, NY 10271-0332

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