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)

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.,

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Plaintiffs,

No. 2:17-cv-00141

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v.

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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,

DECLARATION OF JEFF
JOHNSON IN SUPPORT OF
MOTION OF WASHINGTON
AND MINNESOTA FOR
ENFORCMENT OF
PRELIMINARY INJUCTION

Defendants.

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I, Jeff Johnson, hereby declare as follows based on my personal knowledge.
1.

I am the president of the Washington State Labor Council (“WSLC”). I have

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held the position since 2010. Since 1986, I have held other positions with the WSLC,
including special assistant to the president, lead lobbyist, research and organizing director,

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and shop steward for the administrative staff unit. I also sit on the Governor’s Council of

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Economic Advisors, the Workforce Training and Education Coordinating Board, the

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Washington State Apprenticeship Council, the Board of Washington Community Action

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DECLARATION OF JEFF JOHNSON - 1
Case No. 2:17-cv-00141

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

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Network and Alliance for Jobs and Clean Energy; and I serve as Co-Chair of the Washington

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State Blue Green Alliance.

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2.

The WSLC comprises more than 600 local unions and represents more than

450,000 rank-and-file union members working in Washington State. It is widely considered

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to be the “voice of labor” in Washington State. WSLC has a strong interest in advocating for
the liberty interests of Washington State workers.
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The WSLC provides many services to its affiliated unions. The Council has a

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focus on legislative advocacy, political action, communication through its website “The

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Stand,” supporting affiliated unions’ organizing drives by rallying community leaders and

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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
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within community and technical colleges, Project Help, education and training for union
members, and assistance for unions with contract and economic research.
4.

On January 30, 2017, I issued the following statement regarding President

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Donald Trump’s Executive Order that banned all refugees from entering the country for 120

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days, bans all refugees from Syria indefinitely, and bans immigrants and non-immigrants

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from seven majority-Muslim countries from entering the U.S. for 90 days:

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President Trump’s Executive Order on Friday de facto banning Muslims
from certain Middle Eastern countries from entering/re-entering the
country for 90 days went beyond the pale of common decency, human
dignity, and further fans the flames of racism, xenophobia, and antiIslamism that he thoughtlessly spewed during his campaign. Legal
permanent residents, green card holders and vetted refugees from certain
Muslim countries — only countries where the Trump Corporation has no
business dealings — were detained at airports, refused entry, and in some
cases, sent back to the country they had just arrived from. This reckless
action further contributes to the rising attacks on Muslims and others in
DECLARATION OF JEFF JOHNSON - 2
Case No. 2:17-cv-00141

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

America. The Southern Poverty Law Center reports a dramatic rise in hate
incidents over the past two years, now at 260,000 hate incidents a year.
This hateful and shameful Executive Order was met by thousands
protesting at airports across the country as well as an emergency stay
against the Executive Order by a federal judge.

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As union members and as a labor movement we stand with immigrants
and refugees. We cannot and will not allow the president to pick us off
one group at a time. Another leader did this in the 1930s and 1940s with
horrific consequences.

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America was built by immigrants and refugees and they will continue to
play a part in the values upon which we define America.

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The new executive order, while somewhat narrower in scope, is an expression of the same

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shameful expression of discrimination and reinforces the original incitation of Islamophobia

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and xenophobia.

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5.

The WSLC filed in this suit an earlier amicus brief in support of Washington

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State’s motion for a Temporary Restraining Order, Dkt. 46-1, and an amicus brief in support

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of the State of Washington in the appeal taken by the Defendants from this Court’s order

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granting injunctive relief.

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6.

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

Charter with the WSLC, and other labor allies are unions whose members are directly
impacted by the most recent Executive Order, because they are non-immigrant temporary

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workers from one of the six banned countries whose ability to travel into and out of the
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United States is prohibited outright or whose inability to re-enter the United States after

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traveling will put their livelihoods in jeopardy. Therefore, although the new executive order

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no longer covers Iraq or affects lawful permanent residents, its effect on members who are

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temporary or one entry visa holders is just has harmful as the first executive order. The new

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DECLARATION OF JEFF JOHNSON - 3
Case No. 2:17-cv-00141

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

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order will also continue the adverse effect on our members who wish to reunite with family

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members who are in the process of applying for visitor or student visas or residency status

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and will be delayed during the 90-day hiatus. The members of unions affiliated or allied with
WSLC affected by the ban include hospitality workers, retail employees, health-care industry

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workers, laborers, factory workers, and state, county and municipal employees, among
others. These union members are exceptionally diverse, comprised of an array of races,

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nationalities and religions. Many of these union members are immigrants from the six

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countries affected by the executive order or are non-immigrants whose heritage is from one

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or more of those six countries. A significant proportion of these members identify as Muslim

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and are American citizens, lawful permanent residents or lawful visitors.

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7.

The negative policies the United States government establishes concerning

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immigrants, non-immigrant visitors and refugees of certain national origins or religions

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reflects the attitudes the government has of its own citizens of those same national origins

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and religions: that they are less valued, less than equal. Such policies cause harm to our

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unions’ members that cannot be undone.

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I declare under penalty of perjury under the laws of the United States of America that the
foregoing statements are true and correct.
Signed in Seattle, Washington, this 14th day of March, 2017.

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JEFF JOHNSON

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DECLARATION OF JEFF JOHNSON - 4
Case No. 2:17-cv-00141

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