UNITED STATES DISTRICT COURT WESTERN …

Case 2:17-cv-00141-JLR Document 118-1 Filed 03/13/17 Page 1 of 63

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THE HONORABLE JAMES L. ROBART

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

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STATE OF WASHINGTON; STATE

CIVIL ACTION NO. 2:17-cv-00141-JLR

10 OF CALIFORNIA; STATE OF

MARYLAND; COMMONWEALTH

11 OF MASSACHUSETTS; STATE OF

NEW YORK; and STATE OF 12 OREGON,

SECOND AMENDED COMPLAINT FOR DECLARATORY AND

INJUNCTIVE RELIEF

13

Plaintiffs,

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v.

15 DONALD TRUMP, in his official capacity as President of the United

16 States; U.S. DEPARTMENT OF HOMELAND SECURITY; JOHN F.

17 KELLY, in his official capacity as Secretary of the Department of

18 Homeland Security; REX TILLERSON, in his official capacity

19 as Secretary of State; and the UNITED STATES OF AMERICA,

20 Defendants.

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I. INTRODUCTION

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1. The States of Washington, California, Maryland, Massachusetts, New York, and

24 Oregon ("States") bring this action to protect the States--including their residents, employers,

25 hospitals, and educational institutions--against illegal actions of the President and the federal

26 government.

SECOND AMENDED COMPLAINT

1

ATTORNEY GENERAL OF WASHINGTON

800 Fifth Avenue, Suite 2000

Seattle, WA 98104-3188

(206) 464-7744

Case 2:17-cv-00141-JLR Document 118-1 Filed 03/13/17 Page 2 of 63

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2. On January 27, 2017, President Trump issued Executive Order 13769 ("First

2 Executive Order"). This Court enjoined key provisions of the First Executive Order on

3 February 3, 2017. President Trump responded on March 6, 2017, by issuing Executive Order

4 13780 ("the Second Executive Order").

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3. Like the First Executive Order, the Second Executive Order will cause severe

6 and immediate harms to the States, including our residents, our colleges and universities, our

7 healthcare providers, and our businesses. The Second Executive Order will prevent State

8 residents--including United States citizens--from seeing their spouses, parents, or other

9 family members, will cause our States' colleges and universities to lose talented students and

10 highly qualified faculty and staff, will deny our States' hospitals the opportunity to compete for

11 top medical residents and physicians, and will cost our States' businesses talented job

12 applicants and substantial revenue. The Second Executive Order will also cause the States

13 themselves to lose tax revenue and will undermine our sovereign interest in maintaining the

14 separation between church and state, in upholding our non-discrimination policies, and in

15 remaining a welcoming place for immigrants and refugees.

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4. The Court should invalidate the portions of the First Executive Order and the

17 Second Executive Order challenged here.

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II. JURISDICTION AND VENUE

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5. The Court has jurisdiction pursuant to 28 U.S.C. ?? 1331 and 2201(a).

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6. Venue is proper in this district pursuant to 28 U.S.C. ?? 1391(b)(2) and

21 1391(e)(1). Defendants are United States agencies or officers sued in their official capacities.

22 The State of Washington is a resident of this judicial district, and a substantial part of the

23 events or omissions giving rise to this Second Amended Complaint occurred within the

24 Western District of Washington.

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26

SECOND AMENDED COMPLAINT

2

ATTORNEY GENERAL OF WASHINGTON

800 Fifth Avenue, Suite 2000

Seattle, WA 98104-3188

(206) 464-7744

Case 2:17-cv-00141-JLR Document 118-1 Filed 03/13/17 Page 3 of 63

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7. The States bring this action to redress harms to their proprietary interests and

2 their interests as parens patriae, as well as under their authority pursuant to 5 U.S.C. ? 702 and

3 42 U.S.C. ? 2000bb-1(a).

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III. PARTIES

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PLAINTIFF STATE OF WASHINGTON

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8. The Governor is the chief executive officer of the State of Washington. The

7 Governor is responsible for overseeing the operations of the State of Washington and ensuring

8 that its laws are faithfully executed.

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9. The Attorney General is the chief legal adviser to the State of Washington. The

10 Attorney General's powers and duties include acting in federal court on matters of public

11 concern.

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10. Washington has declared that practices that discriminate against any of its

13 inhabitants because of race, creed, color, or national origin are matters of public concern that

14 threaten the rights and proper privileges of the State and harm the public welfare, health, and

15 peace of the people. See Wash. Rev. Code 49.60.010.

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11. Washington's interest in protecting the health, safety, and well-being of its

17 residents, including protecting its residents from harms to their physical or economic health, is

18 a quasi-sovereign interest.

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12. Washington also has an interest in ensuring that its residents are not excluded

20 from the benefits that flow from participation in the federal system, including the rights and

21 privileges provided by the U.S. Constitution and federal law.

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13. Washington's interest in preventing and remedying injuries to the public's

23 health, safety, and well-being extends to all of Washington's residents, including individuals

24 who suffer indirect injuries and members of the general public.

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14. As this Court recognized, the First Executive Order harmed Washington

26 residents, educational institutions, and employers, and Washington itself. The Second

SECOND AMENDED COMPLAINT

3

ATTORNEY GENERAL OF WASHINGTON

800 Fifth Avenue, Suite 2000

Seattle, WA 98104-3188

(206) 464-7744

Case 2:17-cv-00141-JLR Document 118-1 Filed 03/13/17 Page 4 of 63

1 Executive Order will do the same. The Second Executive Order's six-country ban and refugee

2 suspension provisions prevent our colleges and universities from welcoming talented students

3 and staff from around the world, separate our residents from their families, thwart businesses

4 that recruit or serve foreign nationals from the six-listed countries, interfere with religious

5 organizations practicing their faith, and negatively impact state tax revenue.

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15. According to the most current American Community Survey data from the U.S.

7 Census Bureau, as of 2015, approximately 7,280 non-citizen immigrants from Iran, Iraq, Syria,

8 Somalia, Sudan, Libya, and Yemen reside in Washington--1,409 Iranian immigrants, 360

9 Libyan immigrants, 2,883 Somalian immigrants, 165 Sudanese immigrants, and 187 Syrian

10 immigrants. In addition, 2,275 immigrants in Washington are from Iraq--which was included

11 in the First Executive Order, but, for now, falls outside the Second Executive Order's six-

12 country ban.

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16. The Second Executive Order will negatively impact Washington's economy.

14 Immigration is an important economic driver in Washington. Many workers in Washington's

15 technology industry are immigrants, and many of those immigrant workers are from Muslim-

16 majority countries. Immigrant and refugee-owned businesses employ 140,000 people in

17 Washington. Many companies in Washington are dependent on foreign workers to operate and

18 grow their businesses.

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17. The technology industry relies heavily on the H-1B visa program, through

20 which highly skilled workers like software engineers are permitted to work in the United

21 States. Microsoft, a corporation headquartered in Redmond, Washington, is the State's top

22 employer of H-1B visa-holders and employs nearly 5,000 people through the program. Other

23 Washington-based companies, including Amazon, Expedia, and Starbucks, employ thousands

24 of H-1B visa-holders.

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18. The market for highly skilled workers and leaders in the technology industry is

26 extremely competitive. Changes to U.S. immigration policy that restrict the flow of people may

SECOND AMENDED COMPLAINT

4

ATTORNEY GENERAL OF WASHINGTON

800 Fifth Avenue, Suite 2000

Seattle, WA 98104-3188

(206) 464-7744

Case 2:17-cv-00141-JLR Document 118-1 Filed 03/13/17 Page 5 of 63

1 inhibit these companies' ability to adequately staff their research and development efforts and

2 recruit talent from overseas. If recruiting efforts are less successful, these companies' abilities

3 to develop and deliver successful products and services may be adversely affected.

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19. Microsoft's U.S. workforce is heavily dependent on immigrants and guest

5 workers. At least 76 employees at Microsoft are citizens of Iran, Iraq, Syria, Somalia, Sudan,

6 Libya, or Yemen and hold U.S. temporary work visas (and many more are lawful permanent

7 residents or green card holders who were the subjects of the First Executive Order). These

8 employees may no longer be able to renew their visas, travel overseas, or attend meetings at

9 the company's offices in Vancouver, British Columbia.

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20. Seattle-based company Amazon also employs workers from every corner of the

11 world. Amazon's employees, dependents of employees, and candidates for employment with

12 Amazon will be impacted by the Second Executive Order.

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21. Bellevue-based company Expedia operates a domestic and foreign travel

14 business. At the time of the First Executive Order, Expedia had approximately 1,000 customers

15 with existing flight reservations in or out of the United States who held passports from the

16 seven originally banned countries. The Second Executive Order will again restrict business,

17 increase business costs, and impact current employees and customers.

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22. Like the First Executive Order, the Second Executive Order will separate our

19 residents' families. Under the First Executive Order, at least three Washington residents from

20 the seven originally affected countries were prevented from traveling to Washington or

21 detained at air, land, and sea ports of entry across the United States. One Somali refugee, who

22 had lived in Seattle for 12 years, went to Sea-Tac airport to pick up her Somali husband who

23 was flying from Vienna, but never saw him before he was sent back on a flight to Vienna.

24 Another detainee was prevented from seeing her Iraqi brother who lives in Seattle, after 15

25 years apart. Still other Washington residents were prevented from being reunited with family

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SECOND AMENDED COMPLAINT

5

ATTORNEY GENERAL OF WASHINGTON

800 Fifth Avenue, Suite 2000

Seattle, WA 98104-3188

(206) 464-7744

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