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

Filing 8

DECLARATION OF EMILY CHIANG of Emily Chiang re 3 Emergency MOTION for Temporary Restraining Order by Plaintiff State of Washington (Purcell, Noah)

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UNITED STATES DISTRICT COURT

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FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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STATE OF WASHINGTON
No.

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Plaintiff,
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V.

DECLARATION OF EMILY
CHIANG

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DONALD TRUMP, in his official
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capacity as President of the United

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States; U.S. DEPARTMENT OF
HOMELAND SECURITY; JOHN F.

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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 {?JNITED STATES OF

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AMERICA
Defendants.

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I, Emily Chiang, declare as follows:
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1. I am over the age of eighteen, am competent to testify to the matters below, and
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declare based on personal knowledge.
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2. I am the Legal Director of the American Civil Liberties Union of Washington
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("ACLU-WA").
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DECLARATION OF EMILY CHIANG - l

AMERICAN Civn. LIBERTIES UNION OF
WASHINGTON FOUNDATION
901 F?FTHAVENtJE#630

SEATTLE, WA 98164
[phone]

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3. IoverseeandadministertheLegalDepartmentoftheACLU-WA,includingall

2 l l active litigation and intake.
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4. SincePresidentDonaldTrumpsignedhisExecutiveOrderonJanuary27,2017,

4 l l ?Protecting the Nation from Foreign Terrorist Entry into the United States,? our office has

s ll received numerous calls and emails from affected individuals requesting assistance.
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s. We have been contacted by people who are ell route to the United States who are

7 ll concerned that they or their friends and family members will be detained or not permitted to
B l l enter the country.
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6. We have been contacted by people who have themselves been detained at one of

10 ll Washington State's borders or told that entry into the United States would not be permitted.
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7. We have been contacted by people living in Washington whose families have

12 II been separated because of the ban on refugee admissions. These individuals have vulnerable
13 l i family members who may have been approved entry prior to the Executive Order but are
l4 il currently barred from entering the country due to the Executive Order.
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8. We have been contacted by people with lawful status who are citizens of the

l O l l impacted countries with plans to travel internationally in the future and are uncertain whether
17 l l they will be allowed to reenter the country after they travel abroad.
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9. We have been contacted by people who have decided to stay overseas rather than

19 l l risk ending up in the United States immigration detention system.
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10. AwomanfromafamilyofSyrianrefugeescontactedus.Herfamilyhadrecently

21 I I filed a family reunification petition that would have allowed her mother, father, and three

22 l i siblings to come to Washington State from Jordan. The complainant was also going to visit her
23 l l family in Jordan but is now afraid to leave the United States out of fear that she will not be
DECLARATION OF EMILY CHIANG - 2

AMERICAN CIVIL LIBERTIES UNION OF
WASHINGTON FOUNDATION
901 FIFTH AVENUE #630

SEATTLE, WA 98164
[phone]

1 l l allowed to return and would therefore be separated from her family members already in
2 l l Washington State.
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11. WewerecontactedbyamanwhohaslivedinWashingtonStatesincel996and

4 ll whose parents have lived here since 2011. His mother is a Syrian national and was returning
s l l from a trip to see her father (his grandfather), who was recently diagnosed with cancer. Her
0 ll return date is January 30, 2017. Out of concern that she might be refused entry into the country
7 ll or detained, her flight destination was changed from Los Angeles, California to Vancouver, B.C..
B ll The complainant was concerned that his mother would not be allowed to enter the country at the
9 ll border crossing in Blaine, Washington. Because his mother is 75 years old, he is planning on a
10 ll long tertn stay in Vancouver if she is not allowed entry. However, he has a young son and
ll?? family that he would be separated from during that time and employment that will not
12 l l accommodate long-term telecommuting.
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12. WewerecontactedbyanIraqirefugeewhohaslivedinWashingtonStatefortwo

14 ll years. When President Trump signed the Executive Order she was distraught because she had
15 l l planned to travel in March to visit her fianc6-who she has not seen in over two years. Even
16 l l though her trip was planned a long time ago, she is now concerned that she may not be able to
17 l l reenter the country if she goes to see him.
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13. AnIranianwomancontactedusbecauseshewasexpectingavisitfromher

1 g ll mother in three weeks. The process of getting a visa for her mother who lives in Iran was long
20 l l and arduous. It took six months to get an appointment with the embassy. Her appointment was
21 l l in August and she finally received her visa in early January. The complainant was excited to
22 i l have her mother visit her in Washington State-a visit that will no longer be possible because of
23 I I the Executive Order. She was also planning to visit her elderly grandmother in Iran this summer
DECLARATION OF EMILY CHIANG - 3

AMERICAN CIVIL LIBERTIES UNI0'N OF
WASHINGTON FOUNDATION
901 FIFTHAVENUE#630

SEATTLE, WA 98164

[phone]

1 ll but now she is afraid to leave the country out of fear that, even though she is a lawful permanent
2 i l resident, she might not be allowed reentry.
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14. OnJanuary28,2017,theACLUofWashingtonwiththeNorthwestImmigrant

4 li Rights Project filed an emergency Writ of Habeas Corpus for the release of two individuals who
s l l were detained at the Seattle-Tacoma International Airport. Judge Thomas Zilly ordered their
0 l l immediate release. Exhibit A.

7 l l I declare under penalty of perjury of the laws of the state of Washington that the foregoing is tme
3 li and correct.

9 li EXECUTED on 30th day of January, 2017.

ff

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Emily Chiang, VSBA No. 50:
50517
ACLU of Washington Founidati6n

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901 Fifth Avenue, Suite 630

Seattle, Washington 98164
Telephone: [phone]
[e-mail]

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DECLARATION OF EMILY CHIANG - 4

AMERICAN CIVIL LIBERTIES U'sxos op
WASmNGTON FOUNDATION

901 FIFTH AVENUE #630

SEATTLE, WA 98164

[phone]

Chiang
Declaration
Exhibit A

Case 2:17-cv-00126-TSZ Document 5 Filed 01/28/17 Page 1 of 2

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Matt Adams
Glenda Aldana Madrid
NORTHWEST IMMIGRANT RIGHTS PROJECT
615 Second Ave., Ste. 400
Seattle, WA 98104
[phone]

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UNITED STATES DISTRI CT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
_______________________________________
John DOE 1, John DOE 2
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Petitioners,
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v.
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Donald TRUMP; President of the United States )
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of America; John F. Kelly, Secretary of the
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Department of Homeland Security;
DEPARTMENT OF HOMELAND SECURITY; )
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KEVIN K. MCALEENAN, Acting
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Commissioner of Customs and Border
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Protection; CUSTOMS AND BORDER
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PROTECTION; and the UNITED STATES OF
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AMERICA,
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Respondents.
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Case No.: C17-126
Agency No. A
ORDER GRANTING EMERGENCY
MOTION FOR STAY OF REMOVAL

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ORDER- 1 Petition for Writ of Habeas Corpus

North west Immi grant Ri ght s Proj ect
615 Second Ave., Ste. 400
Seattle, WA 98104
Tel: [phone]

Case 2:17-cv-00126-TSZ Document 5 Filed 01/28/17 Page 2 of 2

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THIS MATTER HAVING COME TO THE COURT UPON PETITIONERS’

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EMERGENCY ORDER FOR STAY OF REMOVAL, AND THE COURT HAVING

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CONSIDERED THE EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS,

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DOCKET NO. 1, AND THE MOTION FOR EMERGENCY STAY, DOCKET NO. 2,
HEREBY GRANTS THE FOLLOWING ORDER:

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1.

THE COURTS GRANTS A STAY OF REMOVAL.

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DEFENDANTS ARE ENJOINED FROM REMOVING JOHN DOE I AND

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JOHN DOE II FROM THE UNITED STATES PENDING FURTHER ORDER

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OF THE COURT.

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3.

The Court SETS a hearing for 10:00 a.m. on Friday, February 3, 2017, to
determine whether to lift the stay.

DATED this 28th day of January, 2017.

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A

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Thomas S. Zilly
United States District Judge

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ORDER- 2 Petition for Writ of Habeas Corpus

North west Immi grant Ri ght s Proj ect
615 Second Ave., Ste. 400
Seattle, WA 98104
Tel: [phone]