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County of Santa Clara V. Trump

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County of Santa Clara V. Trump Case 5:17-cv-00574-WHO Document 36 Filed 02/23/17 Page 1 of 3 1 OFFICE OF THE COUNTY COUNSEL KEKER & VAN NEST LLP COUNTY OF SANTA CLARA JOHN W. KEKER - # 49092 2 JAMES R. WILLIAMS - # 271253 [email protected] County Counsel ROBERT A. VAN NEST - # 84065 3 [email protected] [email protected] GRETA S. HANSEN - # 251471 DANIEL PURCELL - # 191424 4 DANIELLE L. GOLDSTEIN - # 257486 [email protected] KAVITA NARAYAN - # 264191 CODY S. HARRIS - # 255302 5 JAVIER SERRANO - # 252266 [email protected] JULIA B. SPIEGEL - # 292469 NICHOLAS S. GOLDBERG - # 273614 6 ADRIANA L. BENEDICT - # 306936 [email protected] 70 West Hedding Street 633 Battery Street 7 East Wing, Ninth Floor San Francisco, CA 94111-1809 San Jose, CA 95110-1770 Telephone: 415 391 5400 8 Telephone: 408 299-5900 Facsimile: 415 397 7188 Facsimile: 408 292-7240 9 Attorneys For Plaintiff COUNTY OF SANTA CLARA 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 COUNTY OF SANTA CLARA, Case No. 17-cv-00574-WHO 15 Plaintiff, DECLARATION OF CODY S. HARRIS IN SUPPORT OF COUNTY OF SANTA 16 v. CLARA’S MOTION FOR PRELIMINARY INJUNCTION 17 DONALD J. TRUMP, President of the United States of America, JOHN F. KELLY, Date: April 5, 2017 18 in his official capacity as Secretary of the Time: 2:00 p.m. United States Department of Homeland Dept.: Courtroom 2 19 Security, JEFFERSON B. SESSIONS, in his Judge: Hon. William Orrick official capacity as Attorney General of the 20 United States, JOHN MICHAEL “MICK” Date Filed: February 3, 2017 MULVANEY, in his official capacity as 21 Director of the Office of Management and Trial Date: Not yet set Budget, and DOES 1-50, 22 Defendants. 23 24 25 26 27 28 DECLARATION OF CODY S. HARRIS ISO MOTION FOR PRELIMINARY INJUNCTION Case No. 17-cv-00574-WHO 1148387 Case 5:17-cv-00574-WHO Document 36 Filed 02/23/17 Page 2 of 3 1 I, Cody S. Harris, declare and state as follows: 2 1. I am an attorney licensed to practice law in the State of California and a partner of 3 the law firm of Keker, Van Nest & Peters LLP, counsel for Plaintiff County of Santa Clara (the 4 “County”) in the above-captioned matter. I submit this Declaration in support of the County’s 5 Motion for Preliminary Injunction. I have personal knowledge of the facts stated herein and, if 6 called as a witness, I could testify to them competently under oath. 7 2. Attached hereto as Exhibit A is a true and correct copy of Executive Order 13768, 8 entitled “Enhancing Public Safety in the Interior of the United States,” issued by President 9 Donald J. Trump on January 25, 2017. 10 3. On February 5, 2017, shortly before the Super Bowl, President Trump appeared on 11 national television in an interview with Fox News personality Bill O’Reilly (the “O’Reilly 12 Interview”). Video of the O’Reilly Interview is available on YouTube at: Fox Sports, Bill 13 O’Reilly Interviews President Donald J. Trump Before Super Bowl LI, YouTube (Feb. 5, 2017), 14 https://www.youtube.com/watch?v=74DAI2hr9Kk (5:09–5:45).1 A transcript of that interview is 15 also available at Fed. News Serv. Tr., President Trump is Interviewed on Fox, 2017 WLNR 16 3753383, at 4 (Feb. 5, 2017), a true and correct copy of which is attached hereto as Exhibit B. 17 4. Attached hereto as Exhibit C is a true and correct copy of a transcript of a press 18 briefing by White House Press Secretary Sean Spicer, dated February 8, 2017, and available on 19 the White House website at: https://www.whitehouse.gov/the-press-office/2017/02/08/press- 20 briefing-press-secretary-sean-spicer-282017-10. 21 / / / 22 / / / 23 / / / 24 / / / 25 1 Fox News has edited the transcript and video clips appearing on its website to remove the 26 President’s comments regarding sanctuary jurisdictions. See Fox News, Exclusive Interview with President Trump, Part 2, at 0:45, http://video.foxnews.com/v/ 5313200376001/?playlistid 27 =930909812001#sp=show-clips. Fortunately, a full version of the video was available through the Russia Today website, and the undersigned can provide a downloaded copy to the Court if 28 requested. See RT, Trump Ready to Use Defunding ‘Weapon’ Against Immigrant Cities & States (VIDEO), https://www.rt.com/usa/376407-trump-sanctuary-defunding-weapon/. 1 DECLARATION OF CODY S. HARRIS ISO MOTION FOR PRELIMINARY INJUNCTION Case No. 17-cv-00574-WHO 1148387 Case 5:17-cv-00574-WHO Document 36 Filed 02/23/17 Page 3 of 3 1 5. Attached hereto as Exhibit D is a true and correct copy of United States 2 Department of Homeland Security Pool Notes from Secretary of Homeland Security John Kelly’s 3 Trip to San Diego, dated February 10, 2017, and available on the Department of Homeland 4 Security website at: https://www.dhs.gov/news/2017/02/10/pool-notes-secretary- 5 kelly%E2%80%99s-trip-san-diego. 6 7 I declare under penalty of perjury that the foregoing is true and correct. Executed on 8 February 23, 2017 at San Francisco, California. 9 10 11 CODY S. HARRIS 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 DECLARATION OF CODY S. HARRIS ISO MOTION FOR PRELIMINARY INJUNCTION Case No. 17-cv-00574-WHO 1148387 Case 5:17-cv-00574-WHO Document 36-1 Filed 02/23/17 Page 1 of 6 EXHIBIT A Case 5:17-cv-00574-WHO Document 36-1 Filed 02/23/17 Page 2 of 6 Federal Register /Vol. 82, No. 18 / Monday, January 30, 2017 /Presidential Documents 8799 Presidential Documents Executive Order 13768 of January 25, 2017 Enhancing Public Safety in the Interior of the United States By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nation- ality Act (INA) (8 U.S.C. 1101 et seq.), and in order to ensure the public safety of the American people in communities across the United States as well as to ensure that our Nation's immigration laws are faithfully exe- cuted, I hereby declare the policy of the executive branch to be, and order, as follows: Section 1. Purpose. Interior enforcement of our Nation's immigration laws is critically important to the national security and public safety of the United States. Many aliens who illegally enter the United States and those who overstay or otherwise violate the terms of their visas present a significant threat to national security and public safety. This is particularly so for aliens who engage in criminal conduct in the United States. Sanctuary jurisdictions across the United States willfully violate Federal law in an attempt to shield aliens from removal from the United States. These jurisdictions have caused immeasurable harm to the American people and to the very fabric of our Republic. Tens of thousands of removable aliens have been released into communities across the country, solely because their home countries refuse to accept their repatriation. Many of these aliens are criminals who have served time in our Federal, State, and local jails. The presence of such individuals in the United States, and the practices of foreign nations that refuse the repatriation of their nationals, are contrary to the national interest. Although Federal immigration law provides a framework for Federal-State partnerships in enforcing our immigration laws to ensure the removal of aliens who have no right to be in the United States, the Federal Government has failed to discharge this basic sovereign responsibility. We cannot faith- fully execute the immigration laws of the United States if we exempt classes or categories of removable aliens from potential enforcement. The purpose of this order is to direct executive departments and agencies (agencies) to employ all lawful means to enforce the immigration laws of the United States. Sec. 2. Policy. It is the policy of the executive branch to: (a) Ensure the faithful execution of the immigration laws of the United States, including the INA, against all removable aliens, consistent with Article II, Section 3 of the United States Constitution and section 3331 of title 5, United States Code; (b) Make use of all available systems and resources to ensure the efficient and faithful execution of the immigration laws of the United States; (c) Ensure that jurisdictions that fail to comply with applicable Federal law do not receive Federal funds, except as mandated by law; (d) Ensure that aliens ordered removed from the United States are promptly removed; and (e) Support victims, and the families of victims, of crimes committed by removable aliens. Sec. 3. Definitions. The terms of this order, where applicable, shall have the meaning provided by section 1101 of title 8, United States Code. Case 5:17-cv-00574-WHO Document 36-1 Filed 02/23/17 Page 3 of 6 8800 Federal Register /Vol. 82, No. 18 / Monday, January 30, 2017 /Presidential Documents Sec. 4. Enforcement of the Immigration Laws in the Interior of the United States. In furtherance of the policy described in section 2 of this order, I hereby direct agencies to employ all lawful means to ensure the faithful execution of the immigration laws of the United States against all removable aliens. Sec. 5. Enforcement Priorities. In executing faithfully the immigration laws of the United States, the Secretary of Homeland Security (Secretary) shall prioritize for removal those aliens described by the Congress in sections 212(a)(2), (a)(3), and (a)(6)(C), 235, and 237(a)(2) and (4) of the INA (8 U.S.C.
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