This action, filed on February 1, 2017, challenged President Trump’s January 27, 2017, Executive Order (EO-1) ban on admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. The complaint was filed 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 sued on behalf of itself and in its associational capacity. The complaint refers to its plaintiffs as “lawful immigrants, nonimmigrants, or refugees who seek to return to their homes or jobs or reunite with their families in Oregon,” but no individual plaintiffs are named in the complaint. Unite Oregon claimed that, pursuant to EO-1, these individuals had been detained at Portland International Airport and were denied access to legal counsel. United Oregon further alleged that the affected individuals were subjected to extended detention and interrogation to determine their qualifications for a waiver to EO-1’s prohibition on entry to the U.S. by non-citizen immigrants and non-immigrants from the listed countries. Unite Oregon argued that this detention 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 and sought declaratory and injunctive relief.

Unite Oregon was represented by the ACLU of Oregon and private counsel. The complaint was filed in the U.S. District Court for the District of Oregon. The day after filing, Magistrate Judge Paul Papak was assigned to the case.

Prompted by developments in the Ninth Circuit in Washington v. Trump, another case challenging EO-1, in March 6, the President rescinded the January 27 Executive Order and replaced it with a narrower one, Executive Order 13780 (EO-2).

It is difficult to determine how the litigation proceeded in the months following the onset of EO-2; some summonses are listed in the docket, but nothing else. However, on June 15, 2017, the parties filed a joint motion to administratively close the case until resolution of IRAP v. Trump and Hawaii v. Trump, or a filing by either party. The next day, Magistrate Judge Papak ordered the case administratively closed. The plaintiff filed a notice of voluntary dismissal on March 8, 2019.

This case is closed.

Unite Oregon was represented by 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 (in Portland). The day after filing, Magistrate Judge Paul Papak was assigned to the case.

Prompted by adverse developments in the Ninth Circuit in Washington v. Trump, another case challenging EO-1, in March 6, the President rescinded the January 27 Executive Order and replaced it with a narrower one, Executive Order 13780 (EO-2).

It is difficult to determine how the litigation proceeded in the months following the onset of EO-2; some summonses are listed in the docket, but nothing else. However, on June 15, 2017, the parties filed a joint motion to administratively close until resolution of IRAP v. Trump and Hawaii v. Trump, or a filing by either party. The next day, Magistrate Judge Papak ordered the case administratively closed. The plaintiff filed a notice of voluntary dismissal on March 8, 2019.

This case is closed.

Virginia Weeks - 02/08/2017
Jamie Kessler - 02/21/2017
Ava Morgenstern - 10/27/2017
Esteban Woo Kee - 10/23/2021


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