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).

1

The Honorable Marsha J. Pechman

2
3
4
5
6
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9

STATE OF WASHINGTON, et al.,

10

NO. 2:18-cv-00939-MJP

Plaintiffs,

ORDER GRANTING STATES’ MOTION
FOR EXPEDITED DISCOVERY AND
REGULAR STATUS CONFERENCES

11
v.
12
13
14

THE UNITED STATES OF AMERICA;
DONALD TRUMP, in his official capacity as
President of the United States of America,
et al.,

[PROPOSED]

15
Defendants.

16
17
18

Upon consideration of the States’ Motion for Expedited Discovery and Regular Status
Conferences, the supporting papers filed therewith, the Defendants’ Response, the States’ Reply,

19
20
21

and all other filings herein, the States’ Motion for Expedited Discovery and Regular Status
Conferences is GRANTED.

22

Accordingly, it is ORDERED:

23

The States may conduct expedited discovery on the following topics:

24

1.

25

The development and implementation of Defendants’ policy of separating

families who enter the United States along the Southwestern border, including communications

26
ORDER GRANTING STATES’ MOTION
FOR EXPEDITED DISCOVERY AND
REGULAR STATUS CONFERENCES
NO. 2:18-cv-00939-MJP

1

ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue. Suite 2000
Seattle, WA 98104-3188
[phone]

1
2

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.

3
2.

The number of Separated Children 1 placed by the Office of Refugee Resettlement

4
5

(ORR) - or any other Defendant - in each Plaintiff State from January 1, 2018 to the present, by

6

month and facility (or, for individual sponsor placements, the county in which the child resides

7

with such sponsor).

8
9
10

3.

The number of Separated Parents 2 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

11
custody from January 1, 2018, to the present, including the facility from which they were
12
13
14
15

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):

16

a.
b.

17
18

The date that each Separated Parent was taken into DHS custody;
The current placement and location of every Separated Parent (e.g., held
in the federal prison in SeaTac, Washington);

19
20
21
22
23
24
25
26

1

“Separated Child” or “Separated Children,” for purposes of this Order, 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,” for purposes of this Order, 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.
ORDER GRANTING STATES’ MOTION
FOR EXPEDITED DISCOVERY AND
REGULAR STATUS CONFERENCES
NO. 2:18-cv-00939-MJP

2

ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue. Suite 2000
Seattle, WA 98104-3188
[phone]

1

c.

2

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

3
Separated Parent was provided with a credible fear interview;
4
d.

5

Whether the Separated Parent has withdrawn any claim to lawful status
while in DHS custody;

6
e.

7
8

The contact that Defendants have provided between the Separated Parent
and his or her child(ren);

9

f.

10

The location of that Separated Parent’s children (if in an ORR placement
or custody); and

11
g.

DHS’ plan to reunify the Separated Parent with the child.

12
13
14
15

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.

16
17

The current placement and location of every such child (e.g., living with
a sponsor in Seattle, Washington);

b.

18

The contact that Defendants have provided between the child and their
Separated Parent(s) or other family members;

19
20
21

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

22
23
24

e.

Information concerning the circumstances and progress of such
reunification efforts.

25
26
ORDER GRANTING STATES’ MOTION
FOR EXPEDITED DISCOVERY AND
REGULAR STATUS CONFERENCES
NO. 2:18-cv-00939-MJP

3

ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue. Suite 2000
Seattle, WA 98104-3188
[phone]

1
2

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

3
border, including all communications to Defendant employees (e.g., CBP and ICE officers)
4
5

working near those border ports of entry that discuss this practice, including but not limited to

6

discussion of “metering,” numerical or space limits on asylum claims, administrative or other

7

limits on asylum claim processing, and requiring asylum seekers to return to ports of entry at a

8

later day or time.

9

8.

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, but who Defendants

11
refused to allow to enter the United States, and all information concerning the circumstances of
12
13
14

Defendants’ refusal.
9.

Since January 1, 2018, the number of persons presenting at Southwestern border

15

ports of entry who expressed fear for their safety in their home country, and who Defendants

16

detained in federal custody, and all information concerning the circumstances of Defendants’

17
18

choice to detain them.
10.

Since January 1, 2018, the number of persons presenting at Southwestern border

19
20
21

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

22

separated from their child(ren); and all information concerning the circumstances of such

23

separation.

24
25
26
ORDER GRANTING STATES’ MOTION
FOR EXPEDITED DISCOVERY AND
REGULAR STATUS CONFERENCES
NO. 2:18-cv-00939-MJP

4

ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue. Suite 2000
Seattle, WA 98104-3188
[phone]

1
2

11.

For all Separated Parents who entered the United States along the Southwestern

border from January 1, 2018, information regarding:

3
a.

The number and circumstances under which Separated Parents agreed to

4
relinquish a claim for lawful status while in DHS custody;

5
b.

6

The number and circumstances under which Separated Parents agreed to
voluntary removal while in DHS custody;

7
8

c.

9

The number and circumstances under which DHS removed Separated
Parents from the United States without their Separated Child; and

10

d.

All reunification efforts the Defendants have made concerning Separated

11
Parents who were removed from the United States without their Separated
12
Children.

13
14

12.

For all Separated Parents who have been released from DHS custody since

15

January 1, 2018, all information regarding DHS and HHS efforts to reunite Separated Parents

16

and Separated Children, including but not limited to:

17

a.

18

Information regarding the paperwork required of Separated Parents who
want to reunite with their Separated Children, including any requirement

19
that Separated Parent complete Family Reunification Applications,

20

including background checks, DNA testing, or fingerprinting, before

21

reunification with their Separated Children;

22
23
24

b.

Information regarding any financial requests or demands made of
Separated Parents who want to reunite with their Separated Children,

25
26
ORDER GRANTING STATES’ MOTION
FOR EXPEDITED DISCOVERY AND
REGULAR STATUS CONFERENCES
NO. 2:18-cv-00939-MJP

5

ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue. Suite 2000
Seattle, WA 98104-3188
[phone]

1

including demands that Separated Parents pay the airfare for Separated

2

Children and escorts as a condition of reunification; and

3
c.

Information regarding any other conditions or requirements the

4
Defendants are placing on Separated Parents who want to reunite with

5

their Separated Children.

6
7

13.

As to Defendants’ stated intentions to detain families who enter along the

8

Southwestern border together in detention centers or similar facilities, all information as to any

9

sites under consideration that are located in any Plaintiff States and any regulatory changes

10

intended to facilitate family detention.

11
14.

As to Defendants’ stated intentions to conduct summary deportations of

12
13
14

individuals who enter along the Southwestern border without hearing or process, all information
as to the existence and implementation of such policy or practice.

15

Plaintiffs will serve Defendants with formal discovery requests on these subjects. During

16

the period of expedited discovery, Defendants shall have seven days from the date of service to

17
18

object to the States’ discovery requests, and 14 days from the date of service to respond to
requests for production, interrogatories, and requests for admission. Defendants will expedite

19
20
21

the production of responsive information and documents, and will confer with Plaintiffs as to
any questions regarding the scope and meaning of the requests.

22

Further, it is ORDERED that:

23

As to every Separated Parent in DHS custody in any of the Plaintiff States, the

24

Defendants will facilitate access to detained Separated Parents for interviews by

25
26
ORDER GRANTING STATES’ MOTION
FOR EXPEDITED DISCOVERY AND
REGULAR STATUS CONFERENCES
NO. 2:18-cv-00939-MJP

6

ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue. Suite 2000
Seattle, WA 98104-3188
[phone]

1
2

State Representatives, either at the facilities where the Parents are detained or in other mutually
agreeable locations;

3
The Plaintiff States, through their designated lead the State of Washington, and the
4
5

Defendants will appear before the Court for regular status conferences, to be set on a weekly

6

basis pending further Order of the Court, at which time the Parties will report on the progress of

7

discovery as well as any other matter requiring the Court’s attention.

8

DATED this ______day of ______________, 2018.

9
10
THE HONORABLE MARSHA J. PECHMAN

11
12
13
14

ROBERT W. FERGUSON
Attorney General

15
16
17
18
19
20
21
22

/s/ Laura K. Clinton
LAURA K. CLINTON, WSBA #29846
Assistant Attorney General
REBECCA GLASGOW, WSBA #32886
Deputy Attorney General
COLLEEN M. MELODY, WSBA #42275
Division Chief, Civil Rights Unit
NOAH G. PURCELL, WSBA #43492
Solicitor General
MEGAN D. LIN, WSBA #53716
Assistant Attorney General
Attorneys for Plaintiff State of Washington

23
24
25
26
ORDER GRANTING STATES’ MOTION
FOR EXPEDITED DISCOVERY AND
REGULAR STATUS CONFERENCES
NO. 2:18-cv-00939-MJP

7

ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue. Suite 2000
Seattle, WA 98104-3188
[phone]