State of Washington, et al., v. Trump., et al
Filing
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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
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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
(206) 464-7744
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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
(206) 464-7744
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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
(206) 464-7744
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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
(206) 464-7744
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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
(206) 464-7744
Noahp@atg.wa.gov
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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
(206) 464-7744
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