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

Filing 147

MOTION for Leave to File Amicus Brief, filed by Amicus Washington State Labor Council. (Attachments: # 1 Exhibit, # 2 Johnson Declaration, # 3 Albright et al Declaration, # 4 Proposed Order) Noting Date 3/14/2017, (Barnard, Kathleen)

THE HONORABLE JAMES L. ROBART

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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STATE OF WASHINGTON, et al.,
No. 2:17-cv-00141-JLR

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Plaintiffs,
v.
DONALD TRUMP, in his official capacity as
President of the United States; U.S.
DEPARTMENT OF SECURITY; JOHN F.
KELLY, in his official capacity as Secretary of
the Department of Homeland Security; REX
W. TILLERSON, in his official capacity as
Secretary of State; and the UNITED STATES
OF AMERICA,

MOTION FOR LEAVE TO FILE
AMICUS BRIEF BY
WASHINGTON STATE LABOR
COUNCIL
Noted for Consideration:
March 14 , 2017

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Defendants.
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I. INTRODUCTION & RELIEF REQUESTED

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The Washington State Labor Council (“WSLC”) respectfully requests the Court grant it
leave to file the amicus brief attached hereto as Exhibit A.
II. IDENTITY AND INTEREST OF AMICUS CURIAE

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The WSLC is a state-wide labor council comprising more than 600 local unions, and it

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represents more than 450,000 rank-and-file union members working in Washington State.

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Declaration of Jeff Johnson (“Johnson Declaration”), ¶ 2. It is widely considered to be the
MOTION FOR LEAVE TO FILE AMICUS BRIEF BY
WASHINGTON STATE LABOR COUNCIL - 1
Case No. 2:17-cv-00141-JLR

LAW OFFICES OF
SCHWERIN CAMPBELL
BARNARD IGLITZIN & LAVITT, LLP
18 WEST MERCER STREET SUITE 400
SEATTLE, WASHINGTON 98119-3971
[phone]

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“voice of labor” in Washington State. Id. WSLC has a strong interest in advocating for the

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liberty interests of Washington State workers. Id.

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The WSLC provides many services to its affiliated unions. Johnson Declaration, ¶ 3.
The Council has a focus on legislative advocacy, political action, communication through its

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website “The Stand,” supporting affiliated unions’ organizing drives by rallying community
leaders and elected officials, and programs that provide affiliate and direct worker assistance like

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dislocated worker assistance, increasing student awareness about apprenticeship programs within

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community and technical colleges, Project Help, education and training for union members, and

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assistance for unions with contract and economic research. Id.
On March 6, 2017, President Donald Trump issued an Executive Order titled “Protecting

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the Nation from Foreign Terrorist Entry into the United States,” which like his previous order
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subject of this litigation bans all refugees from entering the country for 120 days and bans non-

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immigrants from six majority-Muslim countries from entering the U.S. for 90 days. The order

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further fans the flames of racism, xenophobia, and anti-Islamism and ignores the fact that

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America was built by immigrants and refugees and they will continue to play a part in the values

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upon which we define America. Johnson Declaration ¶ 4.

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Among WSLC’s affiliated unions, unions who have signed a Solidarity Charter with the

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WSLC, and other labor allies are unions whose members are directly impacted by the most
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recent Executive Order, because they are non-immigrant temporary workers from one of the six

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banned countries whose ability to travel into and out of the United States is prohibited outright or

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whose inability to re-enter the United States after traveling will put their livelihoods in jeopardy.

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Therefore, although the new Executive Order no longer covers Iraq or affects lawful permanent

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residents, its effect on members who are temporary or one-entry visa holders is just as harmful as
MOTION FOR LEAVE TO FILE AMICUS BRIEF BY
WASHINGTON STATE LABOR COUNCIL - 2
Case No. 2:17-cv-00141-JLR

LAW OFFICES OF
SCHWERIN CAMPBELL
BARNARD IGLITZIN & LAVITT, LLP
18 WEST MERCER STREET SUITE 400
SEATTLE, WASHINGTON 98119-3971
[phone]

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the first Executive Order. The new order will also continue the adverse effect on union members

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who wish to reunite with family members who are in the process of applying for visitor or

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student visas or residency status and will be delayed during the 90-day hiatus.

Johnson

Declaration, ¶ 6.

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The members of unions affiliated or allied with WSLC affected by the ban include
hospitality workers, retail employees, health-care industry workers, laborers, factory workers,

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and state, county and municipal employees, among others.

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exceptionally diverse, comprised of an array of races, nationalities and religions. Many of these

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union members are immigrants from the six countries affected by the Executive Order or are

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These union members are

non-immigrants whose heritage is from one or more of those six countries. A significant

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proportion of these members identify as Muslim and are American citizens, lawful permanent
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residents or lawful visitors. Id.

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The negative policies the United States government establishes concerning immigrants,

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non-immigrant visitors, and refugees of certain national origins or religions reflects the attitudes

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the government has of its own citizens of those same national origins and religions: that they are

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less valued, less than equal. Such policies cause harm to our unions’ members that cannot be

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undone. Johnson Declaration, ¶ 7.

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III. ARGUMENT
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WSLC seeks leave to file an amicus brief on the impacts of the most recent Executive

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Order on the members of unions across a wide range of industries and the irreparable harm

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suffered by those workers in Washington if the Executive Order is not enjoined. The foregoing

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facts establish the interest of the labor community in the outcome of this proceeding. WSLC will

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offer additional evidence of irreparable harm to individuals working and residing in Washington,
MOTION FOR LEAVE TO FILE AMICUS BRIEF BY
WASHINGTON STATE LABOR COUNCIL - 3
Case No. 2:17-cv-00141-JLR

LAW OFFICES OF
SCHWERIN CAMPBELL
BARNARD IGLITZIN & LAVITT, LLP
18 WEST MERCER STREET SUITE 400
SEATTLE, WASHINGTON 98119-3971
[phone]

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further establishing that the elements for temporary injunctive relief are met. WSLC will offer

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some additional authority supporting, but not duplicating, the arguments made by the State of

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Washington in support of its Motion for a Temporary Restraining Order.
IV. CONCLUSION

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For the foregoing reasons, the Court should exercise its discretion to grant WSLC leave
to file the amicus brief attached hereto as Exhibit A.
RESPECTFULLY SUBMITTED this 14th day of March, 2017.

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s/Kathleen Phair Barnard
Kathleen Phair Barnard, WSBA No. 17896
s/Dmitri Iglitzin
Dmitri Iglitzin, WSBA No. 17673
s/Jennifer L. Robbins
Jennifer L. Robbins, WSBA No. 40861
Schwerin Campbell Barnard Iglitzin & Lavitt LLP
18 West Mercer Street, Ste. 400
Seattle, WA 98119-3971
[phone] (phone)
[e-mail]
[e-mail]
[e-mail]

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Counsel for the Washington State Labor Council

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MOTION FOR LEAVE TO FILE AMICUS BRIEF BY
WASHINGTON STATE LABOR COUNCIL - 4
Case No. 2:17-cv-00141-JLR

LAW OFFICES OF
SCHWERIN CAMPBELL
BARNARD IGLITZIN & LAVITT, LLP
18 WEST MERCER STREET SUITE 400
SEATTLE, WASHINGTON 98119-3971
[phone]

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CERTIFICATE OF SERVICE
I hereby certify that on this 14th day of March, 2017, I caused the foregoing Motion for
Leave to File Amicus Brief by Washington State Labor Council, Declaration of Jeff Johnson,
Joint Declaration of Madeleine K. Albright et al., and proposed order to be filed with the Court

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using the cm/ecf system, which will automatically provide notification of such filing to:
State of California at [e-mail]
State of Maryland at [e-mail]
Aaron X. Fellmeth at [e-mail]
Alan I. Gilbert at [e-mail]
Andrew Nellis at [e-mail]
Andrew M Volk at [e-mail]
Angelo J Calfo at [e-mail],
Anne Elizabeth Egeler at [e-mail]
Arjun Garg at [e-mail]
Benna Solomon at [e-mail]
Bradley Girard at [e-mail]
Carlton Wm Seu at [e-mail]
Catherine Wright Smith at [e-mail]
Chad A. Readler at [e-mail]
Claire Loebs Davis at [e-mail]
Colleen M Melody at [e-mail]
Emily Chiang at [e-mail]
Eric Rothschild at [e-mail]
Jacob Campion at [e-mail]
Jessica Walder at [e-mail]
John R Tyler at [e-mail]
Jonathan Hafetz at [e-mail]
Joseph M McMillan at [e-mail]
Kelly M Percival at [e-mail]
Kristin W Silverman at [e-mail]
Kymberly K. Evanson at [e-mail]
Marsha J. Chien at [e-mail]
Matthew Phineas Bergman at [e-mail]
Melissa R Lee at [e-mail]
Michelle L. Maley at [e-mail]
Michelle R. Bennett at [e-mail]
Noah Guzzo Purcell at [e-mail]
Patricio A. Marquez at [e-mail]
Paul J Lawrence at [e-mail]
Richard B Katskee at [e-mail]
CERTIFICATE OF SERVICE - 1
Case No. 2:17-cv-00141-JLR

LAW OFFICES OF
SCHWERIN CAMPBELL
BARNARD IGLITZIN & LAVITT, LLP
18 WEST MERCER STREET SUITE 400
SEATTLE, WASHINGTON 98119-3971
[phone]

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Robert Seungchul Chang at [e-mail]
Robert W Ferguson at [e-mail]
Scott J Kaplan at [e-mail]
Steve W. Berman at [e-mail]
Tiffany Scott Connors at [e-mail]

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Kathleen Phair Barnard, WSBA No. 17896

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CERTIFICATE OF SERVICE - 2
Case No. 2:17-cv-00141-JLR

LAW OFFICES OF
SCHWERIN CAMPBELL
BARNARD IGLITZIN & LAVITT, LLP
18 WEST MERCER STREET SUITE 400
SEATTLE, WASHINGTON 98119-3971
[phone]