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

Filing 26

MOTION for Leave to File Amicus Curiae Brief, filed by Amicus American Civil Liberties Union of Washington (ACLU). (Attachments: # 1 Exhibit A) Noting Date 2/2/2017, (Lawrence, Paul)

Case 2:17-cv-00141-JLR Document 26 Filed 02/02/17 Page 1 of 6

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Honorable James L. Robart
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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STATE OF WASHINGTON,
Case No. 2:17-cv-00141
Plaintiff,

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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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AMERICAN CIVIL LIBERTIES
UNION OF WASHINGTON’S
MOTION FOR LEAVE TO FILE
AMICUS CURIAE BRIEF
Note on Motion Calendar:
February 2, 2017

Defendants.

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I.

INTRODUCTION

The American Civil Liberties Union of Washington (“ACLU-WA”) respectfully moves

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for leave to file an amicus curiae brief in support of the State of Washington’s Motion for a
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Temporary Restraining Order. A copy of the proposed brief is attached as Exhibit A to this
motion. The parties do not oppose the filing of this amicus curiae brief.
I.

IDENTITY AND INTEREST OF AMICUS CURIAE

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ACLU-WA is a statewide, nonpartisan, nonprofit organization of over 50,000 members,

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dedicated to the preservation of civil liberties. ACLU-WA works in courts, legislatures, and

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MOTION FOR LEAVE TO FILE AMICUS BRIEF - 1

(Cause No. 2:17-cv-00141)

PACIFICA LAW GROUP LLP
1191 SECOND AVENUE
SUITE 2000
SEATTLE, WASHINGTON 98101-3404
TELEPHONE: [phone]
FACSIMILE: [phone]

Case 2:17-cv-00141-JLR Document 26 Filed 02/02/17 Page 2 of 6

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communities to preserve the individual rights and liberties guaranteed to all people by the

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Constitution and laws of the United States.

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ACLU-WA frequently participates in cases

involving the intersection of immigration and civil liberties, including as amicus curiae.
Through its advocacy and community engagement work, ACLU-WA is particularly

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aware of the impact the President’s Executive Order Protecting the Nation from Foreign
Terrorist Entry in to the United States (the “Order”) will have on Washington residents. ACLU-

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WA supports individuals and their families detained, denied entry, or otherwise harmed by the

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Order. ACLU-WA has become a focal point to which many people harmed by the Executive

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Order have turned in Washington State. ACLU-WA has set-up a special email address to allow

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persons affected by the travel ban to communicate the impacts of the ban on their lives. See

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http://www.aclu-wa.org/. And on January 28, 2017, ACLU-WA with the Northwest Immigrant
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Rights Project filed an emergency Writ of Habeas Corpus for the release of two individuals who
were detained at the Seattle-Tacoma International Airport due to the Order.
II.

REASONS WHY MOTION SHOULD BE GRANTED

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District courts have “broad discretion” to appoint amicus curiae. Skokomish Indian Tribe

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v. Goldmark, No. C13-5071JLR, 2013 WL 5720053, at *1 (W.D. Wash. Oct. 21, 2013) (quoting

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Hoptowit v. Ray, 682 F.2d 1237, 1260 (9th Cir. 1982)). “District courts frequently welcome

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amicus briefs from non-parties concerning legal issues that have potential ramifications beyond
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the parties directly involved or if the amicus has ‘unique information or perspective that can help

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the court beyond the help that the lawyers for the parties are able to provide.’” NGV Gaming,

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Ltd. v. Upstream Point Molate, LLC, 355 F. Supp. 2d 1061, 1067 (N.D. Cal. 2005) (quoting

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Cobell v. Norton, 246 F.Supp.2d 59, 62 (D.D.C. 2003)). The “classic role” of amicus curiae is to

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“assist[] in a case of general public interest, supplement[] the efforts of counsel, and draw[] the

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MOTION FOR LEAVE TO FILE AMICUS BRIEF - 2

(Cause No. 2:17-cv-00141)

PACIFICA LAW GROUP LLP
1191 SECOND AVENUE
SUITE 2000
SEATTLE, WASHINGTON 98101-3404
TELEPHONE: [phone]
FACSIMILE: [phone]

Case 2:17-cv-00141-JLR Document 26 Filed 02/02/17 Page 3 of 6

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court's attention to law that escaped consideration.” Miller-Wohl Co. v. Comm'r of Labor &

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Indus. State of Mont., 694 F.2d 203, 204 (9th Cir. 1982).

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The Court should exercise its discretion to permit ACLU-WA to file the attached amicus
brief. Counsel for ACLU-WA is familiar with the scope of the arguments presented by the

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parties and will not unduly repeat those arguments. Instead, ACLU-WA will draw upon its
communications with Washington residents and their families affected by the Order to illustrate

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the profound, widespread, and irreparable harm it has caused and will continue to cause absent

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Court intervention.

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III.

CONCLUSION

For these reasons, ACLU-WA respectfully requests that the Court grant it leave to file the

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amicus brief attached as Exhibit A.
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DATED this 2nd day of February, 2017.

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MOTION FOR LEAVE TO FILE AMICUS BRIEF - 3

(Cause No. 2:17-cv-00141)

PACIFICA LAW GROUP LLP
1191 SECOND AVENUE
SUITE 2000
SEATTLE, WASHINGTON 98101-3404
TELEPHONE: [phone]
FACSIMILE: [phone]

Case 2:17-cv-00141-JLR Document 26 Filed 02/02/17 Page 4 of 6

Respectfully submitted,

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By /s
Paul J. Lawrence
Paul J. Lawrence, WSBA No. 13557
Kymberly K. Evanson, WSBA No. 39973
Alanna E. Peterson, WSBA No. 46502
PACIFICA LAW GROUP LLP
1191 Second Avenue, Suite 2000
Seattle, Washington 98101
[phone]
[e-mail]
[e-mail]
[e-mail]

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Cooperating Attorneys for Amicus Curiae the
American Civil Liberties Union of Washington

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By /s
Emily Chiang
Emily Chiang, WSBA No. 50517
ACLU OF WASHINGTON FOUNDATION
901 Fifth Avenue, Suite 630
Seattle, Washington 98164
[phone]
[e-mail]

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Counsel for Amicus Curiae the American Civil
Liberties Union of Washington

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MOTION FOR LEAVE TO FILE AMICUS BRIEF - 4

(Cause No. 2:17-cv-00141)

PACIFICA LAW GROUP LLP
1191 SECOND AVENUE
SUITE 2000
SEATTLE, WASHINGTON 98101-3404
TELEPHONE: [phone]
FACSIMILE: [phone]

Case 2:17-cv-00141-JLR Document 26 Filed 02/02/17 Page 5 of 6

CERTIFICATE OF SERVICE

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I hereby certify that on this 2nd day of February, 2017, I electronically filed the foregoing
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document with the United States District Court ECF system, which will send notification of such
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filing to the following:
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Robert W. Ferguson
Marsha J. Chien
Anne E. Egeler
Patricio A. Marquez
Colleen M. Melody
Noah Guzzo Purcell
WASHINGTON STATE OFFICE OF THE ATTORNEY
GENERAL
1125 Washington Street SE
PO Box 40100
Olympia, WA 98504-0100
Phone: [phone] - DD
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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via facsimile
via overnight courier
via first-class U.S. mail
via email service agreement
via electronic court filing
via hand delivery

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via facsimile
via overnight courier
via first-class U.S. mail
via email service agreement
via electronic court filing
via hand delivery

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Attorneys for Plaintiff
Arjun Garg
Michelle R. Bennett
US Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave. NW
Washington, DC 20530
Phone: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendants Donald J. Trump,
U.S. Department of Homeland Security, John F.
Kelly, Tom Shannon, and United States of
America

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MOTION FOR LEAVE TO FILE AMICUS BRIEF - 5

(Cause No. 2:17-cv-00141)

PACIFICA LAW GROUP LLP
1191 SECOND AVENUE
SUITE 2000
SEATTLE, WASHINGTON 98101-3404
TELEPHONE: [phone]
FACSIMILE: [phone]

Case 2:17-cv-00141-JLR Document 26 Filed 02/02/17 Page 6 of 6

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Angelo J. Calfo
Kristin W. Silverman
Calfo Eakes & Ostrovsky, PLLC
1301 Second Avenue, Suite 2800
Seattle, WA 98101-3808
Phone: [phone]
Email: [e-mail]
Email: [e-mail]

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via facsimile
via overnight courier
via first-class U.S. mail
via email service agreement
via electronic court filing
via hand delivery

Attorneys for Amicus Americans United for
Church and State
Signed at Seattle, Washington this 2nd day of February, 2017.

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_____________________________
Katie Dillon

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MOTION FOR LEAVE TO FILE AMICUS BRIEF - 6

(Cause No. 2:17-cv-00141)

PACIFICA LAW GROUP LLP
1191 SECOND AVENUE
SUITE 2000
SEATTLE, WASHINGTON 98101-3404
TELEPHONE: [phone]
FACSIMILE: [phone]