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

Filing 119

Emergency MOTION to Enforce Preliminary Injunction, filed by Plaintiff State of Washington. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 3/14/2017, (Melody, Colleen)

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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
9 STATE OF MINNESOTA,
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Plaintiffs,
v.

12 DONALD TRUMP, in his official
capacity as President of the United
13 States; U.S. DEPARTMENT OF
HOMELAND SECURITY; JOHN
14 F. KELLY, in his official capacity as
Secretary of the Department of
15 Homeland Security; REX W.
TILLERSON, in his official capacity
16 as Secretary of State; and the
UNITED STATES OF AMERICA,
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Defendants.
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Civil Action No. 2:17-cv-00141-JLR
[PROPOSED] ORDER GRANTING
EMERGENCY MOTION TO ENFORCE
PRELIMINARY INJUNCTION
Motion Noted: March 14, 2017

19 STATE OF OREGON,
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Intervenor-Plaintiff,
v.

22 DONALD TRUMP, et al.,
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Intervenor-Defendants.

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[PROPOSED] ORDER GRANTING
EMERGENCY MTN TO ENFORCE
PRELIMINARY INJUNCTION

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

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On February 3, 2017, the Court granted Plaintiffs’ Motion for a Temporary Restraining

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Order, enjoin portions of Executive Order 13769, dated January 27, 2017, entitled “Protecting

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the Nation from Foreign Terrorist Entry into the United States” (“First Executive Order”). ECF

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No. 52. The Temporary Restraining Order enjoined and restrained Defendants and their

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respective officers, agents, servants, employees, attorneys, and persons acting in concert or

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participation with them, from enforcing Sections 3(c) and 5(a) of the First Executive Order,

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among other provisions. Id. at Paragraphs IV(1)(a) and (b).

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On February 4, 2017, Defendants appealed to the United States Court of Appeals for

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the Ninth Circuit and sought an emergency stay of the Temporary Restraining Order pending

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appeal. ECF No. 53; 9th Circuit ECF No. 14. In denying Defendants’ emergency motion for a

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stay, the Ninth Circuit construed the Temporary Restraining Order as a preliminary injunction.

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9th Circuit ECF No. 68, at 7-8; ECF No. 78, at 4.

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On March 6, 2017, the President signed Executive Order 13780, also entitled

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“Protecting the Nation from Foreign Terrorist Entry into the United States” (“Second

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Executive Order”). The Second Executive Order is scheduled to take effect on March 16, 2017.

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The Second Executive Order contains two provisions – Sections 2(c) and Section 6(a) – that

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reinstate policies contained in Sections 3(c) and 5(a) of the First Executive Order, which are

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preliminarily enjoined by this Court’s February 3, 2017 Order.

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Plaintiff State of Washington now moves, on an emergency basis, to enforce the

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preliminary injunction, ECF No. 52. Having considered the motion, Defendants’ response, if

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any, and the argument of the parties, if any, the Court GRANTS Washington’s Emergency

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Motion to Enforce Preliminary Injunction.

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Accordingly, it is hereby ORDERED that:

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1. Section 2(c) of the Second Executive Order is ENJOINED on a nationwide basis as

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violating the preliminary injunction entered by this Court on February 3, 2017 (ECF

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No. 52).

[PROPOSED] ORDER GRANTING
EMERGENCY MTN TO ENFORCE
PRELIMINARY INJUNCTION

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ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue. Suite 2000
Seattle, WA 98104-3188
[phone]

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2. Section 6(a) of the Second Executive Order is ENJOINED on a nationwide basis as

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violating the preliminary injunction entered by this Court on February 3, 2017 (ECF

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No. 52).

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3. Defendants and all their respective officers, agents, servants, employees, attorneys,

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and persons acting in concert or participation with them are hereby ENJOINED

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from:

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(a) Implementing or enforcing Section 2(c) of the Second Executive Order on

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March 16, 2017, or thereafter, absent a prior order of this Court; and
(b) Implementing or enforcing Section 6(a) of the Second Executive Order on

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March 16, 2017, or thereafter, absent a prior order of this Court.
IT IS SO ORDERED.
DATED this _____ day of March, 2017.
_____________________________________
UNITED STATES DISTRICT JUDGE
Presented by:

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______________________________
BOB FERGUSON, WSBA #26004
Attorney General
NOAH G. PURCELL, WSBA #43492
Solicitor General
COLLEEN M. MELODY, WSBA #42275
Civil Rights Unit Chief
ANNE E. EGELER, WSBA #20258
Deputy Solicitor
MARSHA CHIEN, WSBA #47020
PATRICIO A. MARQUEZ, WSBA #47693
Assistant Attorneys General
Office of the Attorney General
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
[phone]
[e-mail]

[PROPOSED] ORDER GRANTING
EMERGENCY MTN TO ENFORCE
PRELIMINARY INJUNCTION

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ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue. Suite 2000
Seattle, WA 98104-3188
[phone]