State of Washington et al v. United States of America et al

Filing 15

MOTION to Expedite Discovery and Regular Staus Conferences, filed by Plaintiff State of Washington. Oral Argument Requested. (Attachments: #1 Appendix A, #2 Appendix B, #3SEALED Exhibit 1-33, #4 SEALED Exhibit 34-66, #5 Exhibit 67-99, #6 Proposed Order) Noting Date 7/13/2018, (Clinton, Laura) Modified on 7/17/2018 to seal due to names of minors, per phone call from counsel (PM).

Appendix A

Appendix A
The States seek expedited discovery to obtain and preserve evidence on the following topics:
1.

The development and implementation of Defendants’ policy of separating
families who enter the United States along the Southwestern border, including
communications to Defendant employees (e.g., Customs and Border Patrol
(CBP) and Immigration and Customs Enforcement (ICE) officers) at the border
ports of entry regarding same.

2.

The number of Separated Children1 placed by the Office of Refugee
Resettlement (ORR) - or any other Defendant - in each Plaintiff State from
January 1, 2018 to the present, by month and facility (or, for individual sponsor
placements, the county in which the child resides with such sponsor).

3.

The number of Separated Parents2 who are or were detained in each Plaintiff
State from January 1, 2018 to the present, by month and facility.

4.

The number of Separated Parents in each Plaintiff State released from DHS
custody from January 1, 2018 to the present, including the facility from which
they were released, the conditions of release, and current location.

5.

As to every Separated Parent who is present in any Plaintiff State (or who was
present in a Plaintiff State on the day this lawsuit was filed):
a. The date that each Separated Parent was taken into DHS custody;
b. The current placement and location of every Separated Parent (e.g.,
held in the federal prison in SeaTac, Washington);
c. Whether the Separated Parent expressed fear for their safety in their
home country to Defendants at any point, and if so, whether and when
the Separated Parent was provided with a credible fear interview;
d. Whether the Separated Parent has withdrawn any claim to lawful
status while in DHS custody;
e. The contact that Defendants have provided between the Separated
Parent and his or her child(ren);

1
“Separated Child” or “Separated Children” shall mean any child under the age of 18 who was
traveling with an adult family member, who entered the United States along the Southwestern border in the
company of such family member, and who the Department of Homeland Security (DHS) or any other
Defendant separated from their family member thereafter.
2

“Separated Parent” shall mean any adult who was traveling with a family member under the age
of 18, who entered the United States along the Southwestern border in the company of such child or
children, and who DHS or any other Defendant separated from the child or children thereafter.

Appendix A

f. The location of that Separated Parent’s children (if in an ORR
placement or custody); and
g. DHS’ plan to reunify the Separated Parent with the child.
6.

As to every Separated Child who is present in any Plaintiff State (or who was
present in a Plaintiff State on the day this lawsuit was filed):
a. The current placement and location of every such child (e.g., living
with a sponsor in Seattle, Washington);
b. The contact that Defendants have provided between the child and
their Separated Parent(s) or other family members;
c. The location of that Separated Child’s Separated Parent(s);
d. DHS’ plan to reunify the Separated Child with the Separated
Parent(s); and
e. Information concerning the circumstances and progress of such
reunification efforts.

7.

The development and implementation of Defendants’ practice of refusing to
allow entry to asylum seekers presenting themselves at ports of entry along the
Southwestern border, including all communications to Defendant employees
(e.g., CBP and ICE officers) working near those border ports of entry that
discuss this practice, including but not limited to discussion of “metering”,
numerical or space limits on asylum claims, administrative or other limits on
asylum claim processing, and requiring asylum seekers to return to ports of
entry at a later day or time.

8.

Since January 1, 2018, the number of persons presenting at Southwestern border
ports of entry who expressed fear for their safety in their home country, but who
Defendants refused to allow to enter the United States, and all information
concerning the circumstances of Defendants’ refusal.

9.

Since January 1, 2018, the number of persons presenting at Southwestern border
ports of entry who expressed fear for their safety in their home country, and
who Defendants detained in federal custody, and all information concerning the
circumstances of Defendants’ choice to detain them.

10.

Since January 1, 2018, the number of persons presenting at Southwestern border
ports of entry who expressed fear for their safety in their home country, who
were traveling with their child or children at the time they arrived at the port of
entry, but who Defendants then separated from their child(ren); and all
information concerning the circumstances of such separation.

Appendix A

11.

For all Separated Parents who entered the United States along the Southwestern
border from January 1, 2018, information regarding:
a. The number and circumstances under which Separated Parents agreed
to relinquish a claim for lawful status while in DHS custody;
b. The number and circumstances under which Separated Parents agreed
to voluntary removal while in DHS custody;
c. The number and circumstances under which DHS removed Separated
Parents from the United States without their Separated Child; and
d. All reunification efforts the Defendants have made concerning
Separated Parents who were removed from the United States without
their Separated Children.

12.

For all Separated Parents who have been released from DHS custody since
January 1, 2018, all information regarding DHS and HHS efforts to reunite
Separated Parents and Separated Children, including but not limited to:
a. Information regarding the paperwork required of Separated Parents
who want to reunite with their Separated Children, including any
requirement that Separated Parent complete Family Reunification
Applications, including background checks, DNA testing, or
fingerprinting, before reunification with their Separated Children;
b. Information regarding any financial requests or demands made of
Separated Parents who want to reunite with their Separated Children,
including demands that Separated Parents pay the airfare for Separated
Children and escorts as a condition of reunification;
c. Information regarding any other conditions or requirements the
Defendants are placing on Separated Parents who want to reunite with
their Separated Children.

13.

As to Defendants’ stated intentions to detain families who enter along the
Southwestern border together in detention centers or similar facilities, all
information as to any sites under consideration that are located in any Plaintiff
States and any regulatory changes intended to facilitate family detention.

14.

As to Defendants’ stated intentions to conduct summary deportations of
individuals who enter along the Southwestern border without hearing or
process, all information as to the existence and implementation of such policy
or practice.

Appendix A