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

Filing 148

Emergency MOTION for Temporary Restraining Order , filed by Plaintiff State of Washington. Oral Argument Requested. (Attachments: # 1 Declaration of N. Purcell, # 2 Proposed Order) Noting Date 3/15/2017, (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,

Civil Action No. 2:17-cv-00141-JLR
[PROPOSED] ORDER GRANTING
TEMPORARY RESTRAINING ORDER

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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Motion Noted: March 15, 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
TEMPORARY RESTRAINING ORDER

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

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INTRODUCTION

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This matter comes before the Court on the emergency motion for a Temporary

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Restraining Order by the states of Washington and Oregon (“Moving States”).1 Having

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considered the motion, Defendants’ response, if any, and the argument of the parties, if any,

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the Court GRANTS the Moving States’ emergency motion for a 14-day Temporary

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Restraining Order effective at 12:01am on March 16, 2017. The Court enters the following

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findings of fact and conclusions of law.

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PROCEDURAL BACKGROUND

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

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Order, enjoining portions of Executive Order 13769 entitled “Protecting the Nation from

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Foreign Terrorist Entry into the United States” (“First Executive Order”). ECF 52. The

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Temporary Restraining Order enjoined and restrained Defendants and their respective officers,

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agents, servants, employees, attorneys, and persons acting in concert or participation with

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

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provisions. Id. at 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 53; 9th Circuit ECF 14. In denying Defendants’ emergency motion for a stay, the

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Ninth Circuit construed the Temporary Restraining Order as a preliminary injunction. 9th

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Circuit ECF 68 at 7-8; ECF 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 at 12:01am on

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March 16, 2017. The Second Executive Order contains two provisions – Sections 2(c) and

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The states of California, Maryland, Massachusetts, New York, and Oregon are parties to a proposed
Second Amended Complaint and join the Moving States’ request for temporary injunctive relief.

[PROPOSED] ORDER GRANTING
TEMPORARY RESTRAINING ORDER

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

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Section 6(a) – which temporarily suspend the entry of nationals of Iran, Libya, Somalia, Sudan,

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Syria, and Yemen for 90 days as well as the entry of all refugees for 120 days.

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FINDINGS OF FACT & CONCLUSIONS OF LAW

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The Court finds it has jurisdiction over Defendants and the subject matter of this

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lawsuit. The States notified Defendants and substantially complied with the requirements of

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Federal Rule of Civil Procedure 65(b). The Court deems no security bond is required under

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Federal Rule of Civil Procedure 65(c).

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To obtain a temporary restraining order, the Moving States must establish 1) a

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likelihood of success on the merits; 2) that irreparable harm is likely in the absence of

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preliminary relief; 3) that the balance of equities tips in the Plaintiff’s favor; and 4) that an

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injunction is in the public interest. Winter v. Nat’l Res. Def. Council, Inc., 555 U.S. 7, 20

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(2008).

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The Court finds that the Moving States have satisfied these standards and that the Court

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should issue a Temporary Restraining Order. The Moving States have shown that they are

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likely to succeed on the merits of the claims that would entitle them to relief. Specifically, the

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Moving States have shown it likely that Defendants violated the Immigration and Nationality

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Act’s prohibition against national origin discrimination and that Sections 2(c) and 6(a) of the

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Second Executive order likely violate the Establishment Clause and the constitutional

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guarantees of Equal Protection and Due Process.

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The Moving States have also shown that they are likely to suffer irreparable harm in the

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absence of preliminary relief. Section 2(c) of the Second Executive Order directly impacts state

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public universities and other institutions of higher learning, the provision of health care, and

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state tax revenue. See ECF 95-104; 118-4 to 118-50. Sections 2(c) and 6(a) both impact state

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residents, including residents who seek to reunify with immigrant and refugee family members

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and state organizations that assist in resettling refugees. Sections 2(c) and 6(a) also harm the

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[PROPOSED] ORDER GRANTING
TEMPORARY RESTRAINING ORDER

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

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Moving States’ interest in being free from efforts by the federal government to express a

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religious preference. These harms are significant and ongoing.

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The Court concludes the balance of the equities favor the Moving States; and a
Temporary Restraining Order to preserve the status quo is in the public interest.

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Accordingly, the Court concludes that a time-limited Temporary Restraining Order

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against Defendants is necessary until such time as the Court can hear and decide the States’

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request for a preliminary injunction.

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TEMPORARY RESTRAINING ORDER

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Accordingly, it is hereby ORDERED that Defendants and their officers, agents,

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servants, employees, attorneys, and all members and persons acting in concert or participation

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with them, from the date of this Order, are:

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1. Enjoined and restrained from enforcing Section 2(c) of the Second Executive Order

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to suspend the entry of nationals from Iran, Syria, Sudan, Libya, Somalia and

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Yemen, based on their national origin.

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2. Enjoined and restrained from enforcing Section 6(a) of the Second Executive Order

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to suspend the travel of refugees into the United States or the U.S. Refugee

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Admissions Program.

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The Court hereby orders the following briefing schedule for the Moving States’ motion

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for a preliminary injunction: Plaintiffs shall file their motion for a preliminary injunction no

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later than March 20, 2017 at 5:00pm PDT; Defendants shall file their opposition no later than

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March 24, 2017 at 5:00pm PDT; and Plaintiffs shall file their reply in support of their motion

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no later than March 27, 2017 at 5:00pm PDT. A hearing on Plaintiffs motion is set for March

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___ at ___ am.

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[PROPOSED] ORDER GRANTING
TEMPORARY RESTRAINING ORDER

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

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IT IS SO ORDERED.
DATED this _____ day of March, 2017.

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___________________________________
UNITED STATES DISTRICT JUDGE

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Presented by:
______________________________
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]

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[PROPOSED] ORDER GRANTING
TEMPORARY RESTRAINING ORDER

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