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

Filing 194

MOTION for Leave to File Third Amended Complaint, filed by Plaintiffs Commonwealth of Massachusetts, State of California, State of Maryland, State of New York, State of Washington, Intervenor Plaintiff State of Oregon. (Attachments: # 1 Complaint 3rd Amended, # 2 Index of Exhibits, # 3 Index of Declarations, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Decl of Joint Former National Security Officials, # 19 Decl of Nima Ala, # 20 2nd Decl of Rabyaah Althaibani, # 21 Decl of Alireza Ayoubi, # 22 Decl of Shervin Beygi, # 23 Decl of Bahareh Bina, # 24 Decl of Ethan Devenport, # 25 Decl of Yasaman Esmaili, # 26 Decl of Mahdi Hajiaghayi, # 27 Decl of Mojdeh Jalali Heravi, # 28 Decl of Vahid Jazayeri, # 29 Decl of Mohammad Shafiei Khadem, # 30 Decl of Ahmad Moghaddam, # 31 Decl of Younes Nouri, # 32 Decl of Proshat Parsimoghadam, # 33 Decl of Emad Soroush, # 34 Decl of Tannaz Sattari Tabrizi, # 35 Decl of Seyed Danial Vaezi, # 36 Decl of Banafsheh Samareh Abolhasani, # 37 Decl of Armin Alaghi, # 38 Decl of Pegah Jalali Asheghabadi, # 39 3rd Decl of Rovy Branon, # 40 5th Decl of Asif Chaudhry, # 41 Decl of Maryam Dadkhahan, # 42 Decl of Jason Detwiler, # 43 2nd Decl of David Eaton, # 44 Decl of Kiana Ehsani, # 45 Decl of Ali Farhadi, # 46 Decl of Hoda Farhadi, # 47 Decl of Maryam Fayazi, # 48 Decl of Mohammad Ghaedi, # 49 Decl of Anne Greenbaum, # 50 Decl of Hannaneh Hajishirzi, # 51 2nd Decl of Deirdre Heatwole, # 52 Decl of Parisa Hosseinzadeh, # 53 Decl of Adam Mokhalalati, # 54 Decl of Shima Nofallah, # 55 4th Decl of Jeffrey Riedinger, # 56 Decl of Solmaz Shakerifard, # 57 Decl of Khadijeh Sheikhan, # 58 Decl of Ali Shojaie, # 59 Decl of Hema Yoganarasimhan, # 60 2nd Decl of Kathy Oline, # 61 2nd Decl of Dave Soike, # 62 2nd Decl of Rita Zawaideh, # 63 2nd Decl of Mitra Akhtari, # 64 2nd Decl of Melanie de Leon, # 65 Decl of Payam Fotouhiyehpour, # 66 2nd Decl of Marc Overbeck, # 67 2nd Decl of Sana Parsian, # 68 Decl of Sahar Z. Zangenah, # 69 2nd Decl of Dennis Galvan, # 70 Proposed Order) Noting Date 10/16/2017, (Melody, Colleen)

Third Amended
Complaint
Exhibit I

Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary ... Page 1 of 3

the WHITE HOUSE

PRESIDENT DONALD J. TRUMP

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The White House
Office of the Press Secretary
For Immediate Release

June 14, 2017

Presidential Memorandum for
the Secretary of State, the
Attorney General, the Secretary
of Homeland Security, and the
Director of National Intelligence
https://www.whitehouse.gov/the-press-office/2017/06/14/presidential-memorandum-secret... 10/6/2017

Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary ... Page 2 of 3

MEMORANDUM FOR THE SECRETARY OF STATE 
                                       THE ATTORNEY GENERAL 
                                       THE SECRETARY OF HOMELAND SECURITY
                                       THE DIRECTOR OF NATIONAL INTELLIGENCE
SUBJECT:         Effective Date in Executive Order 13780
This memorandum provides guidance for the Secretary of State, the Attorney
General, the Secretary of Homeland Security, and the Director of National
Intelligence in light of two preliminary injunctions that bar enforcement of certain
provisions of Executive Order 13780, "Protecting the Nation from Foreign Terrorist
Entry into the United States" (Mar. 6, 2017).  The preliminary injunction entered by
the United States District Court for the District of Maryland, and affirmed in
substantial part by the United States Court of Appeals for the Fourth Circuit, bars
enforcement of section 2(c) of the Executive Order.  The portions of the preliminary
injunction entered by the United States District Court for the District of Hawaii that
were affirmed by the recent decision of the United States Court of Appeals for the
Ninth Circuit bar enforcement of certain provisions of sections 2 and 6 of the
Executive Order.
Various provisions of sections 2 and 6 of the Executive Order (as well as sections 3
and 12(c), which delineate the scope of the suspension contained in section 2(c)),
refer to the Order's effective date.  Section 14 of the Executive Order provides that
the Order was effective at 12:01 a.m., eastern daylight time on March 16, 2017.
 Sections 2 and 6, however, were enjoined before that effective date, and the courts
of appeals have affirmed the injunctions with respect to certain provisions of
sections 2 and 6.  As a result, under the terms of the Executive Order, the effective
date of the enjoined provisions (as well as related provisions of sections 3 and 12
(c)) is delayed or tolled until those injunctions are lifted or stayed.
In light of questions in litigation about the effective date of the enjoined provisions
and in the interest of clarity, I hereby declare the effective date of each enjoined
provision to be the date and time at which the referenced injunctions are lifted or
stayed with respect to that provision.  To the extent it is necessary, this
memorandum should be construed to amend the Executive Order.
Because the injunctions have delayed the effective date of section 12(c), no
immigrant or nonimmigrant visa issued before the effective date of section 2(c)
shall be revoked pursuant to the Executive Order.

https://www.whitehouse.gov/the-press-office/2017/06/14/presidential-memorandum-secret... 10/6/2017

Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary ... Page 3 of 3

I hereby direct the Secretary of State, the Attorney General, the Secretary of
Homeland Security, and the Director of National Intelligence to jointly begin
implementation of each relevant provision of sections 2 and 6 of the Executive
Order 72 hours after all applicable injunctions are lifted or stayed with respect to
that provision, to ensure an orderly and proper implementation of those provisions.
 Prior to that time, consular officers may issue valid visas to, and the Secretary of
Homeland Security may admit, otherwise eligible aliens without regard to sections
2 and 6.  If not otherwise revoked, visas and other travel documents issued during
this period remain valid for travel as if they were issued prior to the effective date.
DONALD J. TRUMP

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https://www.whitehouse.gov/the-press-office/2017/06/14/presidential-memorandum-secret... 10/6/2017