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
DECLARATION OF
ROVY BRANON

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UNITED STATES DISTMCT COURT
WESTERN DISTMCT OF WASHINGTON

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STATE OF WASHINGTON, et al.,

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Plaintiffs,
V.

CIVIL ACTION NO. 2:17-cv-00141-JLR

DONALD TRUMP, et al.,
Third Declaration ofRovy Branon
Defendants.

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Pursuant to 28 U.S.C. § 1746(2), I, Rovy Branon, hereby declare as follows:

1. I am over the age of 18 and am competent to testify.
2. I am the Vice Provost for the Continuum College, a self-sustaining unit of the
University of Washington (UW). Continuum College operates a broad range of fee-based

programs for the UW, including a large International English Language Program (IELP) that
attracts students from around the world.
3. I am aware of the September 24, 2017, Presidential Proclamation entitled
"Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United

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

[phone]

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States by Terrorists or other Public-Safety Threats," ("Proclamation"), which imposes certain

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restrictions on the entry ofnonimmigrants and immigrants who are nationals of eight countries

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- Chad, Iran, North Korea, Libya, Somalia, Syria, Venezuela, and Yemen. The issuance of this

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Proclamation follows the January 27, 2017 Presidential Executive Order entitled "Protecting the

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Nation from Foreign Terrorist Entry Into the United States" ("First Order"), which imposed a

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90-day ban on the entry into the U.S. by persons from the countries of Syria, Iran, Sudan,

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Somalia, L-aq, Libya, and Yemen, and the March 6, 2017 Presidential Executive Order
modifying the First Order ("Second Order").

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4. Continuum College's IELP has historically enrolled students from several of the

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countries listed in the most recent Proclamation. Currently IELP has two enrolled students from

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countries on that list. Since the issuance of the First Order, Continuum College has experienced

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an overall decline in international applications for the IELP. For Autumn Quarter (which is our

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busiest quarter) in 2016, we received 250 applications from new students, while for Autumn

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Quarter 2017, we received 196 applications, which is a 21.6% drop.

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5. With regard to the number of students from the countries listed in the

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Proclamation, in Autumn 2016 and Winter 2017 (for which applications would have been

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submitted prior to the issuance of the First Order in January 2017), we received 6 applications

18 11 from students in those countries, with four of the six actually enrolling. In the three quarters

19 || since (Spring 2017, Summer 2017 and Autumn 2017), we have received a total of five
20 11 applications, with only one student actually enrolling. (The other currently enrolled student from

21 || a country on the list is attending through the University's Visiting International Student
22 || Internship and Training (VISIT) program rather than as a direct IELP enrollee.)
23 11 6. Continuum College cannot know how many prospective students for its programs
24 11 have chosen not to apply since the issuance of the First Order and it cannot say that the issuance

25 || of the prior Executive Orders is the sole reason it has experienced a decline in applications to
26 11 the IELP, but I believe it is probable that some portion of this decline can be attributed to a
2 ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue, Suite 2000
Seattle, WA 98104-3188

[phone]

1 11 perception that the U.S. is no longer a welcoming place to study for non-U.S. students, especially
2 || from majority Muslim countries. I am aware of a number of students from countries on the most
3 || recent list who have been accepted into our program but have indicated that they have been
4 || unable to obtain visas (and have therefore deferred enrolment.) One such student sent us an e-

5 || mail in June of this year indicating that he is "no longer interested in studying in USA."

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7. A majority of students who enroll in IELP for a particular quarter continue to
g participate in the program for subsequent quarters. Accordingly, I believe that it is probable that
9 11 some of the students referenced above would have enrolled for multiple quarters if they had been
10 || able to come here to begin classes in our program.

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Executed on this j 0 day of October, 2017

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-r^:

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

[phone]