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Case Name Ali v. Trump IM-WA-0028
Docket / Court 2:17-cv-00135 ( W.D. Wash. )
State/Territory Washington
Case Type(s) Immigration
Presidential Authority
Special Collection Civil Rights Challenges to Trump Refugee/Visa Order
Attorney Organization Legal Services/Legal Aid
Case Summary
This class action, filed January 30, 2017, challenges President Trump’s Jan. 27, 2017 Executive Order ban on admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. The complaint was filed in the U.S. District Court for the Western District of Washington. ... read more >
This class action, filed January 30, 2017, challenges President Trump’s Jan. 27, 2017 Executive Order ban on admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. The complaint was filed in the U.S. District Court for the Western District of Washington. Plaintiffs are represented by the Northwest Immigrants Rights Project, the National Immigration Project of the National Lawyers Guild, and the American Immigration Council. The case was assigned to Judge James Robart.

The plaintiffs are a U.S. citizen and her six year old son--who is a Somali citizen with a pending immigrant visa application; a U.S. citizen and his 12 year old daughter--who is a Yemeni citizen with an approved immigrant visa application; and a lawful permanent resident and her 16 year old son--who is a Syrian citizen with a pending immigrant visa application. In each case, plaintiffs sought to be reunited as families living in the U.S. But pursuant to the executive order, review of the pending visa applications was suspended and the plaintiff with the approved visa application was not allowed to board a flight to the U.S.

The complaint also sought inclusion of a class of "all nationals of countries designated by Section 3(c) of the Executive Order signed by President Trump on January 27, 2017 (currently Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen), who have applied for or will apply for an immigrant visa and the visa petitioners for those nationals, whose visa applications have been or will be suspended or denied, or whose immigrant visas have been or will be revoked, or who have been or will be denied the ability to travel to the United States, on the basis of the January 27, 2017 Executive Order."

The complaint argued that the executive order violates the Immigration and Nationality Act, the Administrative Procedure Act, 28 U.S.C. § 1361 (mandamus), and Fifth Amendment equal protection and due process rights. The complaint sought class certification, declaratory relief, and injunctive relief.

On Feb. 2, the plaintiffs filed a motion for class certification, with supporting declarations. On Feb. 6, the plaintiffs filed a motion for a preliminary injunction and temporary restraining order. On Feb. 16, the government moved to stay briefing deadlines for the preliminary injunction and then withdrew the motion the following day. On Feb. 17, the plaintiffs re-noted their motion for class certification.

In a Feb. 21 order, Judge Robart set the initial disclosures and a combined submission of the Joint Status Report and Discovery plans to be due on March 21 and March 28 accordingly.

On Feb. 23, the government filed a motion to extend their time to respond to the plaintiff's request for class certification, which the plaintiffs responded to five days later.

On Feb. 27, the defendants responded to the plaintiffs' motion for a preliminary injunction.

On Mar. 6, 2017, the President rescinded the Jan. 27 Executive Order and replaced it with a narrower one, Executive Order 13780. On Mar. 7, the government filed notice of the new EO in this case.

On March 10, the plaintiffs filed an amended complaint in response to the second EO, arguing that it "does not remedy the unlawful discrimination against Plaintiffs and proposed class members on these bases, but rather continues it." The plaintiffs represented by the new complaint are two U.S. citizens and two U.S. legal permanent residents and their family members who are citizens of Syria, Somalia, or Iran. The complaint seeks to certify a class consisting of "all nationals of countries designated by Section 2 of Executive Order 13780 (currently Iran, Libya, Syria, Somalia, Sudan, and Yemen), who have applied for or will apply for an immigrant visa and the visa petitioners for those nationals; whose visa application adjudication has been or will be suspended or denied, or who have been or will be denied the ability to seek entry into and/or enter the United States, on the basis of Executive Order 13780." The complaint seeks declaratory and injunctive relief for violations of the Immigration and Nationality Act, the Administrative Procedure Act, Fifth Amendment equal protection and due process rights, and the Establishment Clause. In conjunction, the plaintiffs filed a second motion to certify a class.

The same date, the plaintiffs also filed an emergency motion for a temporary restraining order and preliminary injunctive relief, as well as four accompanying declarations. The motion argues that pending the court's decision in Washington v. Trump (No. 2:17-cv-141-JLR, W.D. Wash.) to clarify if the nationwide injunction applies to the new EO, "Plaintiffs and proposed class members face immediate irreparable harm on March 16,
2017, the order’s effective date" if that court does not extend the nationwide injunction to the new EO. The motion requests a hearing for March 14 or 15 "so that Plaintiffs have the opportunity to seek redress before Defendants resume their unlawful conduct."

On March 14, the defendants filed a brief regarding whether injunctive relief can be granted to an uncertified class, asserting that in such a case, it may only be granted to the named plaintiffs. The plaintiffs responded in their supplemental brief in support of their emergency motion. The plaintiffs argued that district courts issued TROs on behalf of proposed class members in response to the Jan. 27 EO and that those actions were justified because "those situations, like this one, fall within the classic domain of the TRO, preserving the status quo of the matter subject to litigation and preventing irreparable harm until a hearing can be held on the preliminary injunction." The defendants also filed their opposition to the plaintiff's emergency motion for a temporary restraining order and preliminary injunctive relief.

A hearing regarding the emergency motion occurred on March 15, under Judge Robart. On March 17, the Court stayed the emergency motion in light of the nationwide preliminary injunction granted in Hawai'i v. Trump, No. 17-00050 (D. Haw.), on March 15 so as to "conserve its resources and to benefit from any Ninth Circuit rulings in Hawai'i v. Trump regarding [the second EO]."

The case is ongoing.

More information may be available at the American Immigration Council's page for the case, here.

Virginia Weeks - 01/31/2017
Julie Aust - 02/24/2017
Jamie Kessler - 03/07/2017
Virginia Weeks - 03/18/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Discrimination-basis
National origin discrimination
General
Disparate Treatment
Family reunification
Terrorism/Post 9-11 issues
Youth / Adult separation
Immigration
Admission - criteria
Admission - procedure
Asylum - criteria
Asylum - procedure
Visas - procedures
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Mandamus, 28 U.S.C. § 1361
Defendant(s) United States
Plaintiff Description Two U.S. citizens and two U.S. LPRs, and their family members who are citizens of Somalia, Iran, and Syria. Also putative class of "all nationals of countries designated by Section 2 of Executive Order 13780, who have applied for or will apply for an immigrant visa and the visa petitioners for those nationals; whose visa application adjudication has been or will be suspended or denied, or who have been or will be denied the ability to seek entry into and/or enter the United States"
Indexed Lawyer Organizations Legal Services/Legal Aid
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Links Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States
Written: Mar. 06, 2017
By: President Donald Trump (President of the United States)
[ Detail ] [ External Link ]

  Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States
Federal Register
Written: Jan. 27, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ PDF ] [ External Link ]

  Memorandum to the Acting Secretary of State, the Acting Attorney General, and the Secretary of Homeland Security
The White House
Written: Feb. 01, 2017
By: Donald F. McGahn II, Counsel to the President (The White House)
[ Detail ] [ PDF ] [ External Link ]

  OLC Memo Re: Proposed Executive Order Entitled "Protecting the Nation from Foreign Terrorist Entry into the United States"
Written: Jan. 27, 2017
By: Curtis Gannon (U.S. Department of Justice, Office of Legal Counsel)
[ Detail ] [ PDF ] [ External Link ]

  Statement By Secretary John Kelly on the Entry of Lawful Permanent Residents into the United States
https://www.dhs.gov/
Written: Jan. 29, 2017
By: DHS Secretary John Kelly (Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

  Statement by Acting Attorney General Sally Yates
https://www.nytimes.com/
Written: Jan. 30, 2017
By: Acting Attorney General Sally Yates (Department of Justice)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
2:17-cv-00135 (W.D. Wash.) 03/21/2017
IM-WA-0028-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
[ECF #1] Complaint - Class Action for Declaratory and Injunctive Relief 01/30/2017
IM-WA-0028-0001.pdf | Detail
Document Source: Plaintiffs' counsel
[ECF #3] Motion for Class Certification 02/02/2017
IM-WA-0028-0004.pdf | Detail
[ECF #11] Declarations in Support of Plaintiffs 02/06/2017
IM-WA-0028-0005.pdf | Detail
[ECF #9] Motion for Temporary Restraining Order and Preliminary Injunction 02/06/2017
IM-WA-0028-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #38] Order Regarding Initial Disclosures, Joint Status Report, and Early Settlement 02/21/2017 (W.D. Wash.)
IM-WA-0028-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #39] Opposed Motion to Extend Defendants' Deadline to Respond to Plaintiff's Motion for Class Certification by 14 Dyas 02/23/2017
IM-WA-0028-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #40] Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction 02/27/2017
IM-WA-0028-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #47] Plaintiffs' Opposition to Defendants' Motion to Extend Deadline to Respond to Plaintiffs' Motion for Class Certification By 14 Days 02/28/2017
IM-WA-0028-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #50] Plaintiffs' Reply in Support of Their Motion for a Temporary Restraining Order and Preliminary Injunction 03/03/2017
IM-WA-0028-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #52] Amended Complaint - Class Action for Declaratory and Injunctive Relief 03/10/2017
IM-WA-0028-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #53] Emergency Motion for Temporary Restraining Order and Preliminary Injunction 03/10/2017
IM-WA-0028-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #58] Plaintiffs' Second Motion for Class Certification 03/10/2017
IM-WA-0028-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #54] Second Declaration of Matt Adams in Support of Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction 03/10/2017
IM-WA-0028-0014.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #55] Declaration of Olad Issa Omar in Support of Plaintiffs 03/10/2017
IM-WA-0028-0015.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #56] Declaration of Mozhdeh Oskouian in Support of Plaintiffs 03/10/2017
IM-WA-0028-0016.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #57] Declaration of Joanna Fischer in Support pf Plaintiffs 03/10/2017
IM-WA-0028-0017.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #60] Mikki the Mime's Motion to Intervene 03/10/2017
IM-WA-0028-0018.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #64] Notice 03/13/2017
IM-WA-0028-0019.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #67] Praecipe [attaching Declaration of Mozhdeh Oskouian in Support of Plaintiffs] 03/13/2017
IM-WA-0028-0020.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #68] Declaration of Kristin Macleod-Ball in Support of Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction 03/13/2017
IM-WA-0028-0021.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #70] Defendants' Brief on Whether Injunctive Relief May Be Awarded to an Uncertified Class 03/14/2017
IM-WA-0028-0022.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #71] Defendants' Opposition to Emergency Motion for Temporary Restraining Order and Preliminary Injunction 03/14/2017
IM-WA-0028-0023.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #72] Plaintiffs' Supplementary Brief in Support of Their Emergency Motion for Temporary Restraining Order and Preliminary Injunction 03/14/2017
IM-WA-0028-0024.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #74] Declaration of Maria Lucia Chavez in Support of Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction 03/15/2017
IM-WA-0028-0025.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #75] Brief of Amicus Curiae Washington State Labor Council Re Motion for TRO (and motion for leave to file) 03/15/2017
IM-WA-0028-0026.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #76] Declaration of Jeff Johnson in Support of Motion to File Amicus Brief Re Motion for TRO 03/15/2017
IM-WA-0028-0027.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #77] [Proposed] Order Granting the Washington State Labor Council's Motion for Leave to File Amicus Brief Re Tro 03/15/2017
IM-WA-0028-0028.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[ECF #79] Order Staying Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunctive Relief 03/17/2017 (W.D. Wash.)
IM-WA-0028-0029.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Robart, James L. (W.D. Wash.)
IM-WA-0028-0003 | IM-WA-0028-0029 | IM-WA-0028-9000
Monitors/Masters None on record
Plaintiff's Lawyers Adams, Matthew (Washington)
IM-WA-0028-0001 | IM-WA-0028-0004 | IM-WA-0028-0006 | IM-WA-0028-0007 | IM-WA-0028-0008 | IM-WA-0028-0009 | IM-WA-0028-0012 | IM-WA-0028-0013 | IM-WA-0028-0014 | IM-WA-0028-0020 | IM-WA-0028-0024 | IM-WA-0028-9000
Chavez, Maria Lucia (Washington)
IM-WA-0028-0001 | IM-WA-0028-0004 | IM-WA-0028-0006 | IM-WA-0028-0007 | IM-WA-0028-0008 | IM-WA-0028-0009 | IM-WA-0028-0012 | IM-WA-0028-0013 | IM-WA-0028-0020 | IM-WA-0028-0024 | IM-WA-0028-0025 | IM-WA-0028-9000
Crow, Melissa E. (District of Columbia)
IM-WA-0028-0001 | IM-WA-0028-0004 | IM-WA-0028-0006 | IM-WA-0028-0007 | IM-WA-0028-0008 | IM-WA-0028-0009 | IM-WA-0028-0012 | IM-WA-0028-0013 | IM-WA-0028-0020 | IM-WA-0028-0024 | IM-WA-0028-9000
Kenney, Mary (District of Columbia)
IM-WA-0028-0001 | IM-WA-0028-0004 | IM-WA-0028-0006 | IM-WA-0028-0007 | IM-WA-0028-0008 | IM-WA-0028-0009 | IM-WA-0028-0012 | IM-WA-0028-0013 | IM-WA-0028-0024 | IM-WA-0028-9000
Macleod-Ball, Kristin A. (Massachusetts)
IM-WA-0028-0001 | IM-WA-0028-0004 | IM-WA-0028-0006 | IM-WA-0028-0007 | IM-WA-0028-0008 | IM-WA-0028-0009 | IM-WA-0028-0012 | IM-WA-0028-0013 | IM-WA-0028-0020 | IM-WA-0028-0021 | IM-WA-0028-0024 | IM-WA-0028-9000
Madrid, Glenda Melinda Aldana (Washington)
IM-WA-0028-0001 | IM-WA-0028-0004 | IM-WA-0028-0006 | IM-WA-0028-0007 | IM-WA-0028-0008 | IM-WA-0028-0009 | IM-WA-0028-0012 | IM-WA-0028-0013 | IM-WA-0028-0020 | IM-WA-0028-0021 | IM-WA-0028-0024 | IM-WA-0028-9000
Oskouian, Mozhdeh (Washington)
IM-WA-0028-0016
Realmuto, Trina (Massachusetts)
IM-WA-0028-0001 | IM-WA-0028-0004 | IM-WA-0028-0006 | IM-WA-0028-0007 | IM-WA-0028-0008 | IM-WA-0028-0009 | IM-WA-0028-0012 | IM-WA-0028-0013 | IM-WA-0028-0020 | IM-WA-0028-0024 | IM-WA-0028-9000
Reichlin-Melnick, Aaron (District of Columbia)
IM-WA-0028-0001 | IM-WA-0028-0004 | IM-WA-0028-0006 | IM-WA-0028-0007 | IM-WA-0028-0008 | IM-WA-0028-0009 | IM-WA-0028-0012 | IM-WA-0028-0013 | IM-WA-0028-0020 | IM-WA-0028-0024 | IM-WA-0028-9000
Defendant's Lawyers Peachey, William Charles (District of Columbia)
IM-WA-0028-0011 | IM-WA-0028-0022 | IM-WA-0028-0023
Readler, Chad A. (District of Columbia)
IM-WA-0028-0011 | IM-WA-0028-0019 | IM-WA-0028-0022 | IM-WA-0028-0023 | IM-WA-0028-9000
Reuveni, Erez (District of Columbia)
IM-WA-0028-0022 | IM-WA-0028-0023
Westwater, Gisela Ann (District of Columbia)
IM-WA-0028-0011 | IM-WA-0028-0022 | IM-WA-0028-0023
Young, Stacey Ilene (District of Columbia)
IM-WA-0028-0010 | IM-WA-0028-0011 | IM-WA-0028-0022 | IM-WA-0028-0023 | IM-WA-0028-9000
Other Lawyers Barnard, Kathleen Phair (Washington)
IM-WA-0028-0026 | IM-WA-0028-0028 | IM-WA-0028-9000
Iglitzin, Dmitri (Washington)
IM-WA-0028-0026 | IM-WA-0028-0028 | IM-WA-0028-9000
Robbins, Jennifer (Washington)
IM-WA-0028-0026 | IM-WA-0028-0028 | IM-WA-0028-9000

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