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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l 2 3 4 s UNITED STATES DISTRICT COURT 6 FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 lI STATE OF WASHINGTON No. 9 Plaintiff, 10 V. DECLARATION OF EMILY CHIANG 11 DONALD TRUMP, in his official 12 capacity as President of the United 13 States; U.S. DEPARTMENT OF HOMELAND SECURITY; JOHN F. 14 15 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 16 17 AMERICA Defendants. 18 I, Emily Chiang, declare as follows: 19 1. I am over the age of eighteen, am competent to testify to the matters below, and 20 declare based on personal knowledge. 21 2. I am the Legal Director of the American Civil Liberties Union of Washington 22 ("ACLU-WA"). 23 DECLARATION OF EMILY CHIANG - l AMERICAN Civn. LIBERTIES UNION OF WASHINGTON FOUNDATION 901 F?FTHAVENtJE#630 SEATTLE, WA 98164 (206) 624-2184 l 3. IoverseeandadministertheLegalDepartmentoftheACLU-WA,includingall 2 l l active litigation and intake. 3 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. 6 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. 9 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. 11 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. 15 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. 18 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. 20 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 (206) 624-2184 1 l l allowed to return and would therefore be separated from her family members already in 2 l l Washington State. 3 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. 13 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. 18 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 (206) 624-2184 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. 3 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 10 Emily Chiang, VSBA No. 50: 50517 ACLU of Washington Founidati6n 11 901 Fifth Avenue, Suite 630 Seattle, Washington 98164 Telephone: 206-624-2184 12 13 14 15 16 17 18 19 20 21 22 23 DECLARATION OF EMILY CHIANG - 4 AMERICAN CIVIL LIBERTIES U'sxos op WASmNGTON FOUNDATION 901 FIFTH AVENUE #630 SEATTLE, WA 98164 (206) 624-2184 Chiang Declaration Exhibit A Case 2:17-cv-00126-TSZ Document 5 Filed 01/28/17 Page 1 of 2 1 2 3 4 Matt Adams Glenda Aldana Madrid NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Ave., Ste. 400 Seattle, WA 98104 (206) 957-8611 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 UNITED STATES DISTRI CT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE _______________________________________ John DOE 1, John DOE 2 ) ) ) Petitioners, ) v. ) Donald TRUMP; President of the United States ) ) of America; John F. Kelly, Secretary of the ) Department of Homeland Security; DEPARTMENT OF HOMELAND SECURITY; ) ) KEVIN K. MCALEENAN, Acting ) Commissioner of Customs and Border ) Protection; CUSTOMS AND BORDER ) PROTECTION; and the UNITED STATES OF ) AMERICA, ) ) Respondents. ) ) ) ) Case No.: C17-126 Agency No. A ORDER GRANTING EMERGENCY MOTION FOR STAY OF REMOVAL 23 24 25 26 27 28 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: 206 957 -8611 Case 2:17-cv-00126-TSZ Document 5 Filed 01/28/17 Page 2 of 2 1 2 THIS MATTER HAVING COME TO THE COURT UPON PETITIONERS’ 3 EMERGENCY ORDER FOR STAY OF REMOVAL, AND THE COURT HAVING 4 CONSIDERED THE EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS, 5 6 7 DOCKET NO. 1, AND THE MOTION FOR EMERGENCY STAY, DOCKET NO. 2, HEREBY GRANTS THE FOLLOWING ORDER: 8 1. THE COURTS GRANTS A STAY OF REMOVAL. 2. DEFENDANTS ARE ENJOINED FROM REMOVING JOHN DOE I AND 9 10 11 JOHN DOE II FROM THE UNITED STATES PENDING FURTHER ORDER 12 OF THE COURT. 13 14 15 16 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. 17 A 18 19 20 Thomas S. Zilly United States District Judge 21 22 23 24 25 26 27 28 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: 206 957 -8611

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