This action, filed on Feb. 1, 2017, challenged 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. It was filed as a complaint on behalf of Unite Oregon, a nonprofit organization "led by people of color, immigrants and refugees, rural communities, and people experiencing poverty who work across Oregon to build a unified intercultural movement for justice." Unite Oregon's membership consists of "lawful permanent residents, nonimmigrants, and refugees from each of the enumerated countries." The complaint was filed on behalf of the plaintiff as well as in its associational capacity. Counsel for the plaintiff were the American Civil Liberties Union Foundation of Oregon and private counsel. The complaint was filed in the U.S. District Court for the District of Oregon. The case was assigned to Judge Allison D. Burroughs.

The complaint sought declaratory and injunctive relief for "lawful immigrants, nonimmigrants, or refugees who seek to return to their homes or jobs or reunite with their families in Oregon" but were prevented from doing so as a result of the EO. The complaint stated it was also filed on behalf of those similarly situated, though it is unclear if class action status was sought. The individuals sought to be covered were detained at Portland International Airport and were denied access to legal counsel.

The complaint argued that detention pursuant to the EO violated Fifth Amendment due process and equal protection rights, 5 U.S.C. § 555(b) (access to counsel), the Immigration and Nationality Act, the First Amendment Establishment Clause, the Religious Freedom and Restoration Act, and the Administrative Procedures Act.

The case was assigned to Magistrate Judge Paul Papak on Feb. 2, 2017 .

Prompted by adverse developments in the Ninth Circuit in Washington v. Trump, another case challenging the Executive Order, on Mar. 6, the President rescinded the Jan. 27 Executive Order and replaced it with a narrower one, Executive Order 13780.

In the subsequent months, it was hard to tell what was going on with this litigation; some summonses are listed in the docket, but nothing else. However, on June 15, the parties filed a joint motion to administratively close until resolution of IRAP v. Trump and Hawaii v. Trump, or filing by either party. The next day, Magistrate Judge Papak ordered the case administratively closed unless one of the parties moves to reopen it. If this happens and plaintiff amends the complaint, defendant will have 60 days to answer or otherwise respond to the amended complaint.

This case is administratively closed.

Virginia Weeks - 02/08/2017
Jamie Kessler - 02/21/2017
Ava Morgenstern - 10/27/2017


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