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

Filing 202

NOTICE of Lodging Additional Declarations re 198 Amended Complaint, ; filed by Plaintiffs Commonwealth of Massachusetts, State of California, State of Maryland, State of New York, State of Oregon, State of Washington. (Attachments: # 1 Updated Imdex of Declarations in Support of Third Amended Complaint, # 2 Decl of Negin Ingbrigtsen, # 3 2nd Decl of Sadaf Amin, # 4 Decl of Janet Billups, # 5 Decl of Janet Camp, # 6 Decl of Susan Capalbo, # 7 2nd Decl of Margaret Everett, # 8 Decl of Anke Schennink, # 9 2nd Decl of Lovely A. Warren, # 10 Decl of Wim Wiewel, # 11 Decl of Lydia Wood, # 12 Decl of Joseph E. Fahey, # 13 2nd Decl of Aaron O. Lavine, # 14 2nd Decl of Eric Scherzer, # 15 3rd Decl of Eric Scherzer)(Melody, Colleen)

DECLARATION OF
JANET BILLUPS

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IN THE UNITED STATES DISTRICT COURT
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FOR TIIE }VESTERN DISTRICT OF WASHINGTON

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AT SEATTLE
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STATE OF WASHINGTON, et

a1.,

Case

No. C17-014IJLR

Plaintiffs,

9v.
10 DONALD J. TRUMP , etal.,
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Defendants.

SUPPLEMENTAL DECLARATION OF
JANET BILLUPS

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I, Janet Billups hereby declare and affirm as follows:
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l. I have personal knowledge of the facts set forth in this declaration and I am
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16 competent to testifu about them.
2. I am Of Counsel and Policy Advisor to the President of the Oregon Health and
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lg Sciences University, in Portland, Oregon.
3. Oregon Health & Sciences University is Oregon's public academic medical
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ZO certer. It is comprised of the degree-granting

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schools of dentisty, medicine, nursing, public

health and pharmacy; multiple scientific research institutes; the OHSU Hospital and
Doernbecher Children's Hospital; and several pediatic and adult ambulatory care clinics in the
Portland area. As part of its statutory state-wide mission, as set by the legislature and governed

by a board appointed by the Governor of the State of Oregon, OHSU also provides patient care
services and educational and training progrrms for its students throughout Oregon.

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DECLARATION OF JANET BILLUPS

OREGON DEPARTMENT OF ruSTICE
100 SW Market Street
Portland, OR 97201
[phone] /

SP3/rh2l80357 l8-v1

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[phone]

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4.

OHSU's student body includes well over 100 intemational students and trainees

from six continents and 30+ countries. Its hospitals employ a diverse and international medical

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and its schools and research institutes employ a diverse and intemational faculty.

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OHSU currently has at least 10 individuals from the countries subject to the

Presidential Proclamation titled, 'oEnhancing Vetting Capabilities and Processes for Detecting

Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats," dated
September 24,2017 (the Executive Order): Five students and post-doctoral fellows from Iran

(two of whom have graduated but are still under OHSU sponsorship on F-l visas as they
complete their practical training), two professors from Iran and two medical residents, one from

10 Iran and one from Syria. In addition to those individuals, the school is expecting at least one
I 1 Syrian-born French citizen to arrive on a J-1 visa as a post-doctoral fellow on November 7,2017.
6. As with any universrty, the loss of students and professors from the countries
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l3 included in the Executive Order would have a direct impact on the students, the professors, and
14 their colleagues. As a scientific research university, this loss would have a particularly acute,
l5 and negative, impact on the OHSU mission to conduct research relating to health care,
16 engineering, biomedical sciences and general sciences, all of which uniquely draws upon the
17 synergy of collaborations from scientists around the world. Science simply does not advance
1g through isolation, and collaboration with scientists throughout the world is essential for a
lg research university to meet its statutory scientific missions.
7. The advancement of OHSU's missions in research and health care will also be
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22 professionals around the world have about their ability to travel freely to the United States.
8. The delivery of medical care to Oregonians will also be severely compromised
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24 should OHSU lose any of its medical residents (Residents). Residents are medical school
25 graduates receiving advanced training in various medical and surgical specialties. Residents
26 have an exceptionally important service function in the hospitals and outpatient clinics where
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DECLARATION OF JANET BILLUPS

OREGON DEPARTMENT OF ruSTICE
100 SW Market Sffeet
Portland, OR 97201
[phone] / Fax [phone]

SP3/rh2l803 57 18-v

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tain.

For example, Residents in procedurally oriented disciplines such as surgery serve as

the first assistant in procedures, and losing them is analogous to flying a commercial aircraft

without a co-pilot. Emergency, middle-of-the-night medical care is delivered on the front line by
Residents who sleep in the hospital, as is the emergent need to examine tissue and conduct and

evaluate diagnostic testresults for disease diagnosis.

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Although all Residents work under the tutelage of their faculty instuctors, they

perform a considerable amount of front-line and hands-on work as part of that proctored training.
Senior-level Residents in particular provide upper level, sophisticated patient care service.
OHSU will lack the necessary work force to adequately provide those services if these

l0 Residents' visas are revoked or the Residents are banned from taveling back to the U.S. upon
1l necessary travel abroad. Replacing experienced, senior Residents is exceptionally difficult and
12 rare, particularly since this is not just employmen! but an accredited higher education training
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10. The number of Resident slots is capped programmatically by tlre Accreditation
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l5 Counsel for Graduate Medical Education, so there is no ability for an academic medical center to
16 simply *staff up" their Resident corps in advance to ensure coverage in case a Resident is
17 abruptly removed from the program. Residency progfirms are thus tightly coupled and teamlg based with each member of the residency team having a critical role. The loss of even one
l9 Resident to a program carries a very high risk of adversely impacting OHSU's capability to
20 deliver the patient care that the State of Oregon expects, and that Oregonians rely upon.
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DECLARATION OF JANET BILLUPS

OREGON DEPARTMENT OF ruSTICE
100 SW Market Street

Pordan4 OR 97201
[phone] /

SP3/rh2i8035718-vl

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[phone]

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Beyond its direct impact on students, residents, and faculty, the Executive Order

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has had a chilling effect on their lives as well as on the OHSU community. Affected individuals

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are reluctant to leave the country----even for important family events or family emergencies----out

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of concern they would not be able to return to resume their studies and work. Similarly, those

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individuals are worried about their relatives' ability to travel to the United States to participate in

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important family occasions or to assist in the event of personal emergencies.

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I declare under penalty of perjury that the foregoing

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is true and correct.

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DATE

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DECLARATION OF JANET BILLUPS

OREGON DEPARTMENT OF ruSTICE
100 SW Market Street
Portland OR 97201
[phone] / Fax [phone]

SP3/rh2l8035718-vl