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

Filing 33

Second DECLARATION of Emily Chiang filed by Amicus American Civil Liberties Union of Washington (ACLU) re 26 MOTION for Leave to File Amicus Curiae Brief (Lawrence, Paul)

1

Honorable James L. Robart
2
3
4
s
6
7

UNITED STATES DISTRICT COURT

8

WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

9
10

STATE OF WASHINGTON,
11

No. 2:17-cv-00141

Plaintiff,

12
13

SECOND DECLARATION OF EMILY
CHIANG

V.

14?? DONALD TRUMP, in his official capacity as
President of the United States; U.S.
15

16

DEPARTMENT OF HOMELAND

SECURITY; JOHN F. KELLY, in his official

capacity as Secretaxy of the Department of

l7?? Homeland Security; TOM SHANNON, in his
ll official capacity as Acting Secretary of State;
18?? and the UNITED STATES OF AMERICA,
19

Defendants.

20
21

I, Emily Chiang, declare as follows:

22

1. I am over the age of eighteen, am competent to testify to the matters below, and

23

make this declaration based on personal knowledge.

24

2. I am the Legal Director of the Arnerican Civil Liberties Union of Washington
25

("ACLU-WA?).
26

27
PACIFICA LAW GROUP LLP
1191 SECOND AVENtJE

SECOND DECLARATION OF EMILY CHIANG - l

SU}TE 2000

SEATTLE, WASH[NGTON 98101-3404
TELEPHONE:(206)245.i700
FACSIMn.E:[phone]

1
2
3
4

3. I oversee and administer the Legal Department of the ACLU-WA, including all
active litigation and intake.

4. Since the President signed his Executive Order on January 27, 2017, we have

received numerous calls and emails from individuals affected by the Order. Some of those

s

11 communications are described in the first declaration I filed in this matter.
6
7

s. One citizen residing in Washington contacted the ACLU-WA to express that the

g it ban was obstmcting her ability to reunite with her husband and her stepdaughter, who after two
9 ll years of vetting had obtained CR-1 and CR-2 visas to join her in Washington. Her husband and
10

stepdaughter are from Iran. She fears that the ban will force her to leave the United States to

11

start a life with her family elsewhere. She is torn between her husband and stepdaughter, who

12

are banned from entering the United States, and her ailing mother, who is unable to travel.

13

6. A United States citizen and her husband, a Syrian citizen who holds a CR-1 visa,
14
15

who are currently in Europe after finishing graduate education programs. They had planned to

161? return to the United States in early February 2017, but now fear that they will be denied entry to

17 it the United States and will be unable to reunite with their family, all of whom live in Washington.
18
19

They are uncertain where they will work or live because their work contracts have ended and
they moved out of their residence in anticipation of their return to the United States.

20

7. Another individual called seeking legal help for his brother, who had a flight from
21
22

23

Canada arriving at Seattle-Tacoma International Airport at the end of January 2017. His brother
holds an Iranian passport but is a Canadian permanent resident and had obtained a work visa to

24 11 join his family in the United States.
25

26

8. One individual contacted the ACLU-WA regarding her ailing mother, who is a

legal permanent resident but has been undergoing cancer treatment in Iraq, where it is less

27
PACIFICA LAW GROUP LLP
1191 SECONDAVENUE

SECOND DECLARATION OF EMILY CHIANG - 2

st.n'rp. 2000

SEATTLE, WASH[NGTON 98101-3404
TELEPHONE:(206)245.i700
FACSIMILE:(206)245]750

l ll expensive. Her mother's health has improved and she had hoped that her mother could rejoin
2

3

her in the United States. She had planned to travel abroad in two weeks to visit her mother and

bring her home to the United States, but due to the ban she is fearful that they will be denied re-

4

entry because they were both born in Iraq. Her fear is compounded by her concern for her young
s
6
7

8

daughter, who planned to stay behind in Washington and would be entirely alone if her mother
and grandmother were unable to return.
9. A Syrian refugee family currently residing in Washington reached out to the

9 ll ACLU-WA to seek help for their son, daughter, and son-in-law who had obtained the necessary
10
11

approval to rejoin their family in Washington on January 30, 2017. They were turned away at
the airport in Turkey due to the Order. They had already given up their housing and employment

12

in anticipation of their move to the United States. They are from Aleppo, Syria and are afraid to
13
14

15

return due to the conflict there, especially given that the daughter is pregnant.

I declare under penalty of perjury under of the laws of the state of Washington that the

16?? foregoing is tme and correct.
17

EXECUTED on the 2nd day of Febmary, 2017.

s'l-4

18
19

-Emily Chian , WSBAN . 50517
ACLU of Washington Foundation

20

901 Fifth Avenue, Suite 630
21

Seattle, Washington 98164
[phone]

22

[e-mail]

23
24
25
26
27
PACIFICA LAW GROUP LLP
1191 SECOND AVENUE

SECOND DECLARATION OF EMILY CHIANG - 3

SUITE 2000

SHATTLE, WASH[NGTON 98101-3404
TELEPHONE:(206)245.i700
FACSIM[LE:[phone]

CERTIFICATE OF SERVICE

1
2

I hereby certify that on this 2nd day of February, 2017, I electronically filed the foregoing
3
document with the United States District Court ECF system, which will send notification of such
4
filing to the following:
5
6
7
8
9
10
11
12
13
14
15

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]









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









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

16
17
18
19
20
21
22

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]

23
24
25

Attorneys for Defendants Donald J. Trump,
U.S. Department of Homeland Security, John F.
Kelly, Tom Shannon, and United States of
America

26
27
PACIFICA LAW GROUP LLP

SECOND DECLARATION OF EMILY CHIANG - 4

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

1
2
3
4
5
6
7
8

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]









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.

9
10
_____________________________
Katie Dillon

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

PACIFICA LAW GROUP LLP

SECOND DECLARATION OF EMILY CHIANG - 5

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