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

Filing 17

SUPPLEMENT BRIEF RE STANDING by Plaintiff State of Washington (Attachments: # 1 Exhibit Declaration of Kathy Oline, # 2 Exhibit Second Declaration of Jeffrey Riedinger, # 3 Exhibit Declaration of John Boesenberg, # 4 Exhibit Second Declaration of Asif Chaudhry, # 5 Exhibit Declaration of David Schumacher, # 6 Exhibit Declaration of Jennifer Strus)(Purcell, Noah)

Supplemental
Brief
Exhibit D

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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STATE OF WASHINGTON,

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Plaintiff,

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SECOND DECLARATION OF
ASIF CHAUDHRY

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

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Defendants.

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I, Asif Chaudhry, hereby declare and affirm:

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1.

I am the Vice President for International Programs at Washington State

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University (WSU), Washington State’s land grant institution and the second largest public

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research university in the Pacific Northwest. I submit this declaration to supplement and provide

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additional information regarding the matters in my declaration dated January 30, 2017. I have

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personal knowledge of the facts set forth in this declaration, and I am competent to testify about

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them.

SECOND SECOND DECLARATION OF
ASIF CHAUDHRY

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ATTORNEY GENERAL OF WASHINGTON
332 French Administration Building
PO Box 641031
Pullman, WA 99164-1031
[phone]

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2.

As noted in my prior declaration, WSU has 136 matriculated undergraduate and

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graduate students from the countries targeted in the Executive Order entitled “Protecting the

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Nation from Foreign Terrorist Entry Into the United States.” Many of these graduate students

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also hold paid appointments as teaching or research assistants at WSU. Because of the Executive

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Order, all of these individuals are constrained from traveling abroad for personal or academic

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research-related reasons.

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3.

One graduate student, who holds a paid, grant-funded research assistantship with

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WSU, works on a team that conducts atmospheric research, which is dependent on field

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experiments and collaborations world-wide. She was scheduled to participate in experiments

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and equipment maintenance in Greenland, which is a standard expectation of research assistants

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in this laboratory, but is now unable to do so. This individual also was planning to attend a

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summer institute in Canada and now likely will be unable to do so. These types of activities are

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not only directly related to her development as a scientist but are also critical to the research

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program as a whole. The negative impact of the Executive Order on this individual and the

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research program is significant.

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4.

Other WSU research assistants from targeted countries have had to forego job

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interviews in Canada for fear of being unable to return and have canceled plans to attend major

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conferences outside the U.S., one of which is scheduled for February 5, 2017. By preventing

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these individuals from participating in these activities, the Executive Order is having a

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significant negative impact on their career opportunities.

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5.

There also are nine (9) active faculty members at WSU from the countries

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targeted in the Executive Order. These individuals include instructors and researchers. Areas

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of research conducted by these individuals include research on teaching in STEM, sustainable

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design, using large-scale data sets for social science and educational research, molecular genetics

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of plant disease, thermal and fluid systems, transportation systems and traffic safety, crop

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phenotyping, and plant physiology. Many of these are areas of research that are directly related

SECOND SECOND DECLARATION OF
ASIF CHAUDHRY

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ATTORNEY GENERAL OF WASHINGTON
332 French Administration Building
PO Box 641031
Pullman, WA 99164-1031
[phone]

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to WSU’s primary mission as the state’s land grant institution. Because of the Executive Order,

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all of these individuals are constrained from traveling abroad for personal or academic research-

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related reasons.

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6.

WSU has at least one faculty member who is currently unable to return to WSU.

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She is a research associate from an affected country who is paid from a National Science

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Foundation Project. She traveled to Germany in January to defend her Ph.D. at another

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university and was scheduled to return to WSU on February 11, 2017, to continue her scientific

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research and faculty position. The Executive Order will prevent her from being able to do so,

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and the research on this project has been put on hold until she can return.

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7.

In addition to students and faculty, WSU has two (2) visiting scholars from the

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targeted countries who currently are unable to come to WSU. As clarification, the individual

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mentioned in my prior declaration who was turned away in Amsterdam due to the Executive

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Order was a student at another university but was coming to WSU as a visiting scholar to do

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collaborative research. WSU’s typical practice is to appoint visiting scholars as adjunct faculty.

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The other visiting scholar has been in the visa application process and now has been informed

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he likely will be unable to obtain a visa.

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8.

As noted in my prior declaration, global engagement is a critical component of

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WSU’s mission, which is “To apply knowledge through local and global engagement that will

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improve quality of life and enhance the economy of the state, nation, and world.” In addition to

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the impact of the Executive Order on individual lives of WSU students and employees, the

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cumulative effect of these restrictions will be to negatively impact WSU’s ability to fulfill its

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mission as the state’s land grant university.

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I declare under penalty of perjury under the laws of the State of Washington that the
foregoing is true and complete to the best of my knowledge.

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SECOND SECOND DECLARATION OF
ASIF CHAUDHRY

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ATTORNEY GENERAL OF WASHINGTON
332 French Administration Building
PO Box 641031
Pullman, WA 99164-1031
[phone]

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Dated this 1st day of February, 2017.

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__________________________________
Asif Chaudhry, Ph.D.

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SECOND SECOND DECLARATION OF
ASIF CHAUDHRY

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ATTORNEY GENERAL OF WASHINGTON
332 French Administration Building
PO Box 641031
Pullman, WA 99164-1031
[phone]