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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The Case 2:17-cv-00141-JLR Document 152 Filed 03/16/17 Page 1 of 63 1 THE HONORABLE JAMES L. ROBART 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 STATE OF WASHINGTON; STATE CIVIL ACTION NO. 2:17-cv-00141-JLR 10 OF CALIFORNIA; STATE OF MARYLAND; COMMONWEALTH 11 OF MASSACHUSETTS; STATE OF NEW YORK; and STATE OF SECOND AMENDED COMPLAINT 12 OREGON, FOR DECLARATORY AND INJUNCTIVE RELIEF 13 Plaintiffs, 14 v. 15 DONALD TRUMP, in his official capacity as President of the United 16 States; U.S. DEPARTMENT OF HOMELAND SECURITY; JOHN F. 17 KELLY, in his official capacity as Secretary of the Department of 18 Homeland Security; REX TILLERSON, in his official capacity 19 as Secretary of State; and the UNITED STATES OF AMERICA, 20 Defendants. 21 I. INTRODUCTION 22 1. The States of Washington, California, Maryland, Massachusetts, New York, and 23 Oregon (“States”) bring this action to protect the States—including their residents, employers, 24 hospitals, and educational institutions—against illegal actions of the President and the federal 25 government. 26 SECOND AMENDED COMPLAINT 1 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:17-cv-00141-JLR Document 152 Filed 03/16/17 Page 2 of 63 1 2. On January 27, 2017, President Trump issued Executive Order 13769 (“First 2 Executive Order”). This Court enjoined key provisions of the First Executive Order on 3 February 3, 2017. President Trump responded on March 6, 2017, by issuing Executive Order 4 13780 (“the Second Executive Order”). 5 3. Like the First Executive Order, the Second Executive Order will cause severe 6 and immediate harms to the States, including our residents, our colleges and universities, our 7 healthcare providers, and our businesses. The Second Executive Order will prevent State 8 residents—including United States citizens—from seeing their spouses, parents, or other 9 family members, will cause our States’ colleges and universities to lose talented students and 10 highly qualified faculty and staff, will deny our States’ hospitals the opportunity to compete for 11 top medical residents and physicians, and will cost our States’ businesses talented job 12 applicants and substantial revenue. The Second Executive Order will also cause the States 13 themselves to lose tax revenue and will undermine our sovereign interest in maintaining the 14 separation between church and state, in upholding our non-discrimination policies, and in 15 remaining a welcoming place for immigrants and refugees. 16 4. The Court should invalidate the portions of the First Executive Order and the 17 Second Executive Order challenged here. 18 II. JURISDICTION AND VENUE 19 5. The Court has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 2201(a). 20 6. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b)(2) and 21 1391(e)(1). Defendants are United States agencies or officers sued in their official capacities. 22 The State of Washington is a resident of this judicial district, and a substantial part of the 23 events or omissions giving rise to this Second Amended Complaint occurred within the 24 Western District of Washington. 25 26 SECOND AMENDED COMPLAINT 2 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:17-cv-00141-JLR Document 152 Filed 03/16/17 Page 3 of 63 1 7. The States bring this action to redress harms to their proprietary interests and 2 their interests as parens patriae, as well as under their authority pursuant to 5 U.S.C. § 702 and 3 42 U.S.C. § 2000bb-1(a). 4 III. PARTIES 5 PLAINTIFF STATE OF WASHINGTON 6 8. The Governor is the chief executive officer of the State of Washington. The 7 Governor is responsible for overseeing the operations of the State of Washington and ensuring 8 that its laws are faithfully executed. 9 9. The Attorney General is the chief legal adviser to the State of Washington. The 10 Attorney General’s powers and duties include acting in federal court on matters of public 11 concern. 12 10. Washington has declared that practices that discriminate against any of its 13 inhabitants because of race, creed, color, or national origin are matters of public concern that 14 threaten the rights and proper privileges of the State and harm the public welfare, health, and 15 peace of the people. See Wash. Rev. Code 49.60.010. 16 11. Washington’s interest in protecting the health, safety, and well-being of its 17 residents, including protecting its residents from harms to their physical or economic health, is 18 a quasi-sovereign interest. 19 12. Washington also has an interest in ensuring that its residents are not excluded 20 from the benefits that flow from participation in the federal system, including the rights and 21 privileges provided by the U.S. Constitution and federal law. 22 13. Washington’s interest in preventing and remedying injuries to the public’s 23 health, safety, and well-being extends to all of Washington’s residents, including individuals 24 who suffer indirect injuries and members of the general public. 25 14. As this Court recognized, the First Executive Order harmed Washington 26 residents, educational institutions, and employers, and Washington itself. The Second SECOND AMENDED COMPLAINT 3 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:17-cv-00141-JLR Document 152 Filed 03/16/17 Page 4 of 63 1 Executive Order will do the same. The Second Executive Order’s six-country ban and refugee 2 suspension provisions prevent our colleges and universities from welcoming talented students 3 and staff from around the world, separate our residents from their families, thwart businesses 4 that recruit or serve foreign nationals from the six-listed countries, interfere with religious 5 organizations practicing their faith, and negatively impact state tax revenue. 6 15. According to the most current American Community Survey data from the U.S. 7 Census Bureau, as of 2015, approximately 7,280 non-citizen immigrants from Iran, Iraq, Syria, 8 Somalia, Sudan, Libya, and Yemen reside in Washington—1,409 Iranian immigrants, 360 9 Libyan immigrants, 2,883 Somalian immigrants, 165 Sudanese immigrants, and 187 Syrian 10 immigrants. In addition, 2,275 immigrants in Washington are from Iraq—which was included 11 in the First Executive Order, but, for now, falls outside the Second Executive Order’s six- 12 country ban. 13 16. The Second Executive Order will negatively impact Washington’s economy. 14 Immigration is an important economic driver in Washington. Many workers in Washington’s 15 technology industry are immigrants, and many of those immigrant workers are from Muslim- 16 majority countries. Immigrant and refugee-owned businesses employ 140,000 people in 17 Washington. Many companies in Washington are dependent on foreign workers to operate and 18 grow their businesses. 19 17. The technology industry relies heavily on the H-1B visa program, through 20 which highly skilled workers like software engineers are permitted to work in the United 21 States. Microsoft, a corporation headquartered in Redmond, Washington, is the State’s top 22 employer of H-1B visa-holders and employs nearly 5,000 people through the program. Other 23 Washington-based companies, including Amazon, Expedia, and Starbucks, employ thousands 24 of H-1B visa-holders. 25 18. The market for highly skilled workers and leaders in the technology industry is 26 extremely competitive. Changes to U.S. immigration policy that restrict the flow of people may SECOND AMENDED COMPLAINT 4 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:17-cv-00141-JLR Document 152 Filed 03/16/17 Page 5 of 63 1 inhibit these companies’ ability to adequately staff their research and development efforts and 2 recruit talent from overseas. If recruiting efforts are less successful, these companies’ abilities 3 to develop and deliver successful products and services may be adversely affected. 4 19. Microsoft’s U.S. workforce is heavily dependent on immigrants and guest 5 workers. At least 76 employees at Microsoft are citizens of Iran, Iraq, Syria, Somalia, Sudan, 6 Libya, or Yemen and hold U.S. temporary work visas (and many more are lawful permanent 7 residents or green card holders who were the subjects of the First Executive Order). These 8 employees may no longer be able to renew their visas, travel overseas, or attend meetings at 9 the company’s offices in Vancouver, British Columbia. 10 20. Seattle-based company Amazon also employs workers from every corner of the 11 world. Amazon’s employees, dependents of employees, and candidates for employment with 12 Amazon will be impacted by the Second Executive Order. 13 21. Bellevue-based company Expedia operates a domestic and foreign travel 14 business. At the time of the First Executive Order, Expedia had approximately 1,000 customers 15 with existing flight reservations in or out of the United States who held passports from the 16 seven originally banned countries. The Second Executive Order will again restrict business, 17 increase business costs, and impact current employees and customers. 18 22. Like the First Executive Order, the Second Executive Order will separate our 19 residents’ families. Under the First Executive Order, at least three Washington residents from 20 the seven originally affected countries were prevented from traveling to Washington or 21 detained at air, land, and sea ports of entry across the United States. One Somali refugee, who 22 had lived in Seattle for 12 years, went to Sea-Tac airport to pick up her Somali husband who 23 was flying from Vienna, but never saw him before he was sent back on a flight to Vienna.
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