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Case Name City of Seattle v. Trump IM-WA-0033
Docket / Court 2:17-cv-00497-BAT ( W.D. Wash. )
State/Territory Washington
Case Type(s) Immigration and/or the Border
Special Collection Civil Rights Challenges to Trump Immigration Enforcement Orders
Case Summary
The City of Seattle commenced this lawsuit on March 29, 2017 to challenge President Trump's January 25, 2017 Executive Order, Executive Order 13768. The EO denies federal funding to "sanctuary cities," or cities that ... read more >
The City of Seattle commenced this lawsuit on March 29, 2017 to challenge President Trump's January 25, 2017 Executive Order, Executive Order 13768. The EO denies federal funding to "sanctuary cities," or cities that resist enforcing the President's immigration policies. On Mar. 29, Seattle filed a complaint in the U.S. District Court for the Western District of Washington seeking declaratory relief.

According to the complaint, Seattle decided on a policy that law enforcement would not inquire into anyone's immigration status "unless specifically required to do so by law or court order" so as to encourage immigrants "to cooperate with law enforcement personnel in preventing and solving crime, and to seek health assistance when necessary." To be designated as a "sanctuary jurisdiction," the city would have to violate 8 U.S.C. 1373, which states that "a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual." If, as provided for by the EO, the federal government were to designate Seattle a "sanctuary jurisdiction," the effect on Seattle would be "devastating" and the federal government would be "denying it significant funding that it uses for such essential purposes as home care for the disabled elderly and nutrition assistance for needy children." Accordingly, Seattle requested that the Court declare it to be in compliance with 8 U.S.C. 1373. Seattle further sought a declaration that the EO violated the Tenth Amendment and the Spending Clause.

The case was originally assigned to Judge Brian A. Tsuchida, but was reassigned to Judge Richard A. Jones on May 26.

The defendants filed a motion to dismiss on June 5. The motion argued that Seattle "cannot show any injury due to the mere existence of the Executive Order" and that "because defendants have taken no action against the City under the Executive Order...the City’s pre-enforcement challenge" is not ripe. The motion also argued that the complaint failed to state a claim upon which relief can be granted because "[t]he Executive Order does not alter or expand the existing law that governs when the Federal Government may impose or enforce conditions on federal grant programming."

Meanwhile, the U.S. District Court for the Northern District of California on April 25, 2017, granted a nationwide preliminary injunction against operation of the Executive Order. See for details.

The plaintiffs filed an amended complaint on June 26, and the court struck the motion to dismiss as moot on July 5 in response. Then, on July 10, defendants filed a motion to dismiss plaintiffs' amended complaint, arguing that the cities have not met their burden of showing clear and "palpable" injury and that the cities' amended complaint is based on mere speculation as to the order's scope. The court denied the motion to dismiss on Oct. 19.

On Oct. 30, the parties filed a joint motion to stay proceedings pending resolution in
County of Santa Clara v. Trump in the Ninth Circuit. The court granted the motion the next day.

The case is ongoing, though currently stayed.

Virginia Weeks - 04/02/2017
Jamie Kessler - 07/10/2017
Virginia Weeks - 11/02/2017


compress summary

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Issues and Causes of Action
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Issues
Constitutional Clause
Federalism
Discrimination-basis
Immigration status
General
Funding
Public assistance grants
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration/Border
Constitutional rights
Sanctuary city/state
Undocumented immigrants - rights and duties
Undocumented immigrants - state and local regulation
Plaintiff Type
City/County Plaintiff
Causes of Action Bivens
Declaratory Judgment Act, 28 U.S.C. § 2201
Ex parte Young (federal or state officials)
Defendant(s) United States
United States
Plaintiff Description City of Seattle
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
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  Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA)
www.dhs.gov
Date: Sep. 5, 2017
By: Department of Homeland Security (Department of Homeland Security)
[ Detail ] [ External Link ]

  Implementation of Executive Order 13768, "Enhancing Public Safety in the Interior of the United States
The Washington Post
Date: May 22, 2017
By: Jefferson Sessions (U.S. Department of Justice)
[ Detail ] [ External Link ]

  Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017)
dhs.gov
Date: Feb. 20, 2017
By: DHS Secretary John Kelly (United States Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

  Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)
dhs.gov
Date: Feb. 20, 2017
By: DHS Secretary John Kelly (United States Department of Homeland Security)
[ Detail ] [ PDF ] [ External Link ]

  Executive Order 13767: Border Security and Immigration Enforcement Improvements
Federal Register
Date: Jan. 27, 2017
By: President Donald Trump (Office of the President)
Citation: 82 Fed. Reg. Presidential Documents 8793 (Jan. 27, 2017)
[ Detail ] [ PDF ]

  Executive Order 13768: Enhancing Public Safety in the Interior of the United States
Federal Register
Date: Jan. 25, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ PDF ] [ External Link ]

Docket(s)
2:17-cv-00497-BAT (W.D. Wash.)
IM-WA-0033-9000.pdf | Detail
Date: 09/01/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive [ECF# 1]
IM-WA-0033-0001.pdf | Detail
Date: 03/29/2017
Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion to Dismiss [ECF# 24]
IM-WA-0033-0002.pdf | Detail
Date: 06/05/2017
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint for Declaratory Relief [ECF# 27]
IM-WA-0033-0003.pdf | Detail
Date: 06/26/2017
Source: PACER [Public Access to Court Electronic Records]
Defendants’ Motion to Dismiss Plaintiffs' First Amended Complaint [ECF# 34]
IM-WA-0033-0004.pdf | Detail
Date: 07/10/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Jones, Richard A. (W.D. Wash.)
IM-WA-0033-9000
Plaintiff's Lawyers Crum, Travis M. (District of Columbia)
IM-WA-0033-0003 | IM-WA-0033-9000
Evanson, Kymberly K. (Washington)
IM-WA-0033-9000
Holmes, Peter S. (Washington)
IM-WA-0033-0001 | IM-WA-0033-0003 | IM-WA-0033-9000
Jones, Karianne M. (District of Columbia)
IM-WA-0033-9000
Lawrence, Paul J. (Washington)
IM-WA-0033-9000
Lev, Ori (District of Columbia)
IM-WA-0033-0003 | IM-WA-0033-9000
Lewis, John T. (District of Columbia)
IM-WA-0033-0003 | IM-WA-0033-9000
Narver, Gregory Colin (Washington)
IM-WA-0033-0001 | IM-WA-0033-0003 | IM-WA-0033-9000
Pincus, Andrew J. (District of Columbia)
IM-WA-0033-0003 | IM-WA-0033-9000
Reeve, Tracy (Oregon)
IM-WA-0033-9000
Rothfeld, Charles A. (New York)
IM-WA-0033-0003 | IM-WA-0033-9000
Ryan, Michelle [Micky] L. (Oregon)
IM-WA-0033-0001 | IM-WA-0033-0003 | IM-WA-0033-9000
Seu, Carlton W.M. (Washington)
IM-WA-0033-0001 | IM-WA-0033-0003 | IM-WA-0033-9000
Silverstein, Joshua (District of Columbia)
IM-WA-0033-0003 | IM-WA-0033-9000
Smith, Gary T. (Washington)
IM-WA-0033-0001 | IM-WA-0033-0003 | IM-WA-0033-9000
Vannier, Denis M. (Oregon)
IM-WA-0033-0003 | IM-WA-0033-9000
Defendant's Lawyers Buckingham, Stephen J. (District of Columbia)
IM-WA-0033-0002 | IM-WA-0033-0004 | IM-WA-0033-9000
Readler, Chad A. (District of Columbia)
IM-WA-0033-0004
Tyler, John Russell (District of Columbia)
IM-WA-0033-0004
Other Lawyers Stephens, Richard M. (Washington)
IM-WA-0033-9000

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