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

Filing 3

Emergency MOTION for Temporary Restraining Order , filed by Plaintiff State of Washington. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 1/30/2017, (Purcell, Noah)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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STATE OF WASHINGTON,
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CIVIL ACTION NO.

Plaintiff,
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[PROPOSED] TEMPORARY
RESTRAINING ORDER

ri

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

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TEMPORARY RESTRAINING ORDER

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This matter came before the Court on a Motion for a Temporary Restraining Order
brought by the Attorney General of the State of Washington. The Court has considered the
motion and documents filed therewith, including declarations, the exhibits attached thereto, the
State of Washington's Complaint for Declaratory and Injunctive Relief, and the arguments of
counsel provided at an emergency hearing held

, at

a.m./ p.m. in open

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[PROPOSED] TEMPORARY RESTRAINING
ORDER

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ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
[phone]

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court. Having considered the foregoing, the Court hereby enters the following findings of fact
and conclusions of law.

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FINDINGS OF FACT

1. Plaintiff took the following steps to provide sufficient notice to Defendants:
a. Delivered a copy of the Complaint, the motion, declarations, and exhibits, to the

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United States Attorney for the Western District of Washington;
b. Sent a copy of the same by certified mail to the Attorney General of the United

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States at Washington D.C.; and
c. Called the offices of the United States Attorney for the Western District of

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Washington at 8:30 a.m. to notify the office of Plaintiff's intention to file the

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motion today.
2. Plaintiff faces an immediate and irreparable injury as a result of the signing and
implementation of this Executive Order. The Executive Order affects Plaintiff's
residents in areas of employment, education, business, and travel, and affects the State
itself through harm to its employees, students, and tax revenue.
3. These harms are ongoing and significant.
4. A temporary restraining order against Defendants, as provided below, is necessary until
a determination of the merits of Plaintiff s claims can be held.

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CONCLUSIONS OF LAW

5. The Court has jurisdiction over Defendants and the subject matter of this action.
6. Plaintiffs efforts to contact Defendants reasonably and substantially complied with the
requirements of Federal Rule of Civil Procedure 65(b).
7. The Court deems no security bond is required under Federal Rule of Civil Procedure

65(c).

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[PROPOSED] TEMPORARY RESTRAINING
ORDER

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ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
[phone]

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8. To obtain a temporary restraining order, the Plaintiff must establish 1) a likelihood of
success on the merits; 2) that irreparable harm is likely in the absence of preliminary
relief; 3) that the balance of equities tips in the Plaintiff's favor; and 4) that an
injunction is in the public interest. Winter v. Nat'l Res. Def. Council, Inc., 555 U.S. 7,
20, 129 S. Ct. 365, 172 L. Ed. 2d 249 (2008).
9. Based on the Findings of Fact set forth above, there is a strong likelihood that Plaintiff
will succeed on the merits of its claim and irreparable injury is likely if the requested
restraining order is not issued.
10. The balance of equities tips toward the Plaintiff and the public interest weighs in favor
of entering temporary relief.
TEMPORARY RESTRAINING ORDER
Now, therefore, it is hereby ORDERED that:
1. Defendants and all their respective officers, agents, servants, employees and attorneys,
and persons in active concert or participation with them who receive actual notice of
this order are hereby fully enjoined from the following:
a. Enforcing Section 3(c) of the Executive Order;
b. Enforcing Section 5(a) of the Executive Order;
c. Enforcing Section 5(b) of the Executive Order, or proceeding with any action
that prioritizes only the refugee claims of certain religious minorities; and
d. Enforcing Section 5(c) of the Executive Order;
e. Enforcing Section 5(e) of the Executive Order, to the extent Section 5(e)
purports to prioritize only the refugee claims of certain religious minorities.
2. This injunction is granted nationwide, and prohibits enforcement of Sections 3(c),
5(a)-(c), and 5(e) at all United States borders, ports of entry, and in the issuance of
visas, pending further orders from this Court.

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[PROPOSED] TEMPORARY RESTRAINING
ORDER

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ATTORNEY GENERAL of WASHINGTON
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
[phone]

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3. Defendants shall remain enjoined until an expedited hearing can be held at
a.m./p.m. on

day of

2017.

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DATED this

day of January, 2017, at

a.m./p.m.

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UNITED STATES DISTRICT COURT JUDGE [or UNITED STATES MAGISTRATE
JUDGE]

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Presented by:

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NOAH G. PURCELL
WSBA #43492
Solicitor General
Office of the Attorney General
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
[phone]

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[PROPOSED] TEMPORARY RESTRAINING
ORDER

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ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
[phone]