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Case Name Unite Oregon v. Trump [administratively closed] IM-OR-0005
Docket / Court 3:17-cv-00179 ( D. Or. )
State/Territory Oregon
Case Type(s) Immigration
Presidential Authority
Special Collection Civil Rights Challenges to Trump Refugee/Visa Order
Attorney Organization ACLU Chapters (any)
Case Summary
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, ... read more >
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 are 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 violates 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 on Feb. 2, 2017 to Magistrate Judge Paul Papak. Discovery was scheduled to be completed by Jun. 6, 2017, with a joint dispute resolution report and pretrial order due on Jul. 3, 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 - 06/19/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Establishment Clause
Discrimination-basis
National origin discrimination
Religion discrimination
General
Access to lawyers or judicial system
Disparate Treatment
Over/Unlawful Detention
Religious programs / policies
Terrorism/Post 9-11 issues
Immigration
Admission - criteria
Admission - procedure
Constitutional rights
Detention - criteria
Detention - procedures
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Bivens
Declaratory Judgment Act, 28 U.S.C. § 2201
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Defendant(s) United States
Plaintiff Description Unite Oregon, a nonprofit organization
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
None
Source of Relief None yet
None
Case Ongoing No reason to think so
Additional Resources
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Links Implementing Executive Order 13780 Following Supreme Court Ruling -- Guidance to Visa-Adjudicating Posts
Reuters
Written: Jun. 28, 2017
By: U.S. Department of State
[ Detail ] [ PDF ] [ External Link ]

  Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence
The White House
Written: Jun. 14, 2017
By: Donald Trump (White House)
[ Detail ] [ External Link ]

  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 ]

  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 ]

  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 ]

  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 ]

  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 ]

  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 ]

Docket(s)
3:17-cv-00179-PK (D. Or.)
IM-OR-0005-9000.pdf | Detail
Date: 06/16/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-OR-0005-0001.pdf | Detail
Date: 02/01/2017
Source: PACER [Public Access to Court Electronic Records]
Joint Motion to Administratively Close [ECF# 19]
IM-OR-0005-0002.pdf | Detail
Date: 06/15/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Papak, Paul J. (D. Or.)
IM-OR-0005-9000
Plaintiff's Lawyers Boell, Jessica M. (Oregon)
IM-OR-0005-9000
Dos Santos, Mathew William (California)
IM-OR-0005-0001 | IM-OR-0005-0002 | IM-OR-0005-9000
Manning, Stephen W. (Oregon)
IM-OR-0005-0001 | IM-OR-0005-0002 | IM-OR-0005-9000
Rotman, Jennifer M. (Oregon)
IM-OR-0005-9000
Simon, Kelly K. (Oregon)
IM-OR-0005-9000
Defendant's Lawyers Peachey, William Charles (District of Columbia)
IM-OR-0005-0002
Readler, Chad A. (District of Columbia)
IM-OR-0005-0002
Westwater, Gisela Ann (District of Columbia)
IM-OR-0005-0002

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