Case Name Ali v. Trump IM-WA-0028
Docket / Court 2:17-cv-00135 ( W.D. Wash. )
State/Territory Washington
Case Type(s) Immigration and/or the Border
Presidential Authority
Special Collection Civil Rights Challenges to Trump Refugee/Visa Order
Attorney Organization American Immigration Council's Legal Action Center
Legal Services/Legal Aid
Northwest Immigrant Rights Project (NWIRP)
This class action, filed January 30, 2017, challenged President Trump's January 27, 2017 Executive Order (EO) ban on admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. The complaint was filed in the U.S. District Court for the Western District of Washington ... read more >
This class action, filed January 30, 2017, challenged President Trump's January 27, 2017 Executive Order (EO) ban on admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. The complaint was filed in the U.S. District Court for the Western District of Washington. Plaintiffs are represented by the Northwest Immigrants Rights Project, the National Immigration Project of the National Lawyers Guild, and the American Immigration Council. The case was assigned to Judge James Robart.
The plaintiffs are a U.S. citizen and her six year old son--who is a Somali citizen with a pending immigrant visa application; a U.S. citizen and his 12 year old daughter--who is a Yemeni citizen with an approved immigrant visa application; and a lawful permanent resident and her 16 year old son--who is a Syrian citizen with a pending immigrant visa application. In each case, plaintiffs sought to be reunited as families living in the U.S. But pursuant to the EO, review of the pending visa applications was suspended and the plaintiff with the approved visa application was not allowed to board a flight to the U.S.
The complaint also sought inclusion of a class of "all nationals of countries designated by Section 3(c) of the Executive Order signed by President Trump on January 27, 2017 (currently Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen), who have applied for or will apply for an immigrant visa and the visa petitioners for those nationals, whose visa applications have been or will be suspended or denied, or whose immigrant visas have been or will be revoked, or who have been or will be denied the ability to travel to the United States, on the basis of the January 27, 2017 Executive Order."
The complaint argued that the EO violates the Immigration and Nationality Act, the Administrative Procedure Act, 28 U.S.C. § 1361 (mandamus), and Fifth Amendment equal protection and due process rights. The complaint sought class certification, declaratory relief, and injunctive relief.
On Feb. 2, the plaintiffs filed a motion for class certification, with supporting declarations. Plaintiffs then filed a motion for a preliminary injunction and temporary restraining order.
However, on Mar. 6, 2017, the President rescinded the Jan. 27 EO and replaced it with a narrower one, Executive Order 13780. On Mar. 7, the government filed notice of the new EO in this case.
On Mar. 10, the plaintiffs filed an amended complaint in response to the second EO, arguing that it did "not remedy the unlawful discrimination against Plaintiffs and proposed class members on these bases, but rather continues it." The plaintiffs represented by the new complaint were two U.S. citizens and two U.S. legal permanent residents and their family members who are citizens of Syria, Somalia, or Iran. The complaint sought to certify a class consisting of "all nationals of countries designated by Section 2 of Executive Order 13780 (currently Iran, Libya, Syria, Somalia, Sudan, and Yemen), who have applied for or will apply for an immigrant visa and the visa petitioners for those nationals; whose visa application adjudication has been or will be suspended or denied, or who have been or will be denied the ability to seek entry into and/or enter the United States, on the basis of Executive Order 13780." The complaint sought declaratory and injunctive relief for violations of the Immigration and Nationality Act, the Administrative Procedure Act, Fifth Amendment equal protection and due process rights, and the Establishment Clause. In conjunction, the plaintiffs filed a second motion to certify a class.
That day, the plaintiffs also filed an emergency motion for a temporary restraining order and preliminary injunctive relief, as well as four accompanying declarations. The motion argued that pending the court's decision in Washington v. Trump to clarify if its nationwide injunction applies to the new EO, "Plaintiffs and proposed class members face immediate irreparable harm on March 16, 2017, the order's effective date" if that court does not extend the nationwide injunction to the new EO.
However, on Mar. 17, the Court stayed the emergency motion in light of the nationwide preliminary injunction granted in Hawai'i v. Trump, so as to "conserve its resources and to benefit from any Ninth Circuit rulings in Hawai'i v. Trump regarding [the second EO]." On Mar. 30, the defendants then moved to stay district court proceedings in this case pending the resolution of defendant's appeal of the preliminary injunction granted in Hawai'i v. Trump.
The court stayed the proceedings on May 22, 2017 pending the Ninth Circuit's resolution of the appeal in Hawaii v. Trump. That stay was extended on Nov. 1 and again on Jan. 23, 2018. In light the Supreme Court's decision in the Hawaii case, the parties filed a status report in July 2018 indicating their pending motions for class certification and injunctive relief were moot, and that the Supreme Court's ruling resolved most of their claims. On Sept. 17, 2018, the plaintiffs filed an unopposed notice for voluntary dismissal.
The case is now closed.
More information may be available at the American Immigration Council's page for the case, here.
Virginia Weeks - 01/31/2017
Julie Aust - 02/24/2017
Jamie Kessler - 01/30/2018
Constitutional Clause
Terrorism/Post 9-11 issues
Youth / Adult separation
Immigration/Border
Admission - criteria
Admission - procedure
Asylum - criteria
Asylum - procedure
Visas - procedures
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Mandamus, 28 U.S.C. § 1361
Defendant(s) United States
Plaintiff Description Two U.S. citizens and two U.S. LPRs, and their family members who are citizens of Somalia, Iran, and Syria. Also putative class of "all nationals of countries designated by Section 2 of Executive Order 13780, who have applied for or will apply for an immigrant visa and the visa petitioners for those nationals; whose visa application adjudication has been or will be suspended or denied, or who have been or will be denied the ability to seek entry into and/or enter the United States"
Indexed Lawyer Organizations American Immigration Council's Legal Action Center
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement Voluntary Dismissal
Case Listing IM-WA-0029 : States of Washington & Minnesota v. Trump (W.D. Wash.)
Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities
By: United States
[ Detail ] [ External Link ]
Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats
www.whitehouse.gov
Date: Sep. 24, 2017
By: President Donald Trump (Office of the President)
Implementing Executive Order 13780 Following Supreme Court Ruling -- Guidance to Visa-Adjudicating Posts
Date: 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
By: Donald Trump (White House)
Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States
Date: Mar. 6, 2017
By: President Donald Trump (President of the United States)
Memorandum to the Acting Secretary of State, the Acting Attorney General, and the Secretary of Homeland Security
Date: Feb. 1, 2017
By: Donald F. McGahn II, Counsel to the President (The White House)
Statement by Acting Attorney General Sally Yates
https://www.nytimes.com/
By: Acting Attorney General Sally Yates (Department of Justice)
Statement By Secretary John Kelly on the Entry of Lawful Permanent Residents into the United States
https://www.dhs.gov/
By: DHS Secretary John Kelly (Department of Homeland Security)
Citation: https://www.dhs.gov/news/2017/01/29/statement-secretary-john-kelly-entry-lawful-permanent-residents-united-states
OLC Memo Re: Proposed Executive Order Entitled "Protecting the Nation from Foreign Terrorist Entry into the United States"
Date: Jan. 27, 2017
By: Curtis Gannon (U.S. Department of Justice, Office of Legal Counsel)
Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States
2:17-cv-00135 (W.D. Wash.)
IM-WA-0028-9000.pdf | Detail
Complaint - Class Action for Declaratory and Injunctive Relief [ECF# 1]
IM-WA-0028-0001.pdf | External Link | Detail
Source: Plaintiffs' counsel
Motion for Class Certification [ECF# 3]
Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 9]
Declarations in Support of Plaintiffs [ECF# 11]
Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction [ECF# 40]
Plaintiffs' Reply in Support of Their Motion for a Temporary Restraining Order and Preliminary Injunction [ECF# 50]
Amended Complaint - Class Action for Declaratory and Injunctive Relief [ECF# 52]
Emergency Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 53]
Second Declaration of Matt Adams in Support of Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 54]
Declaration of Olad Issa Omar in Support of Plaintiffs [ECF# 55]
Declaration of Mozhdeh Oskouian in Support of Plaintiffs [ECF# 56]
Declaration of Joanna Fischer in Support pf Plaintiffs [ECF# 57]
Plaintiffs' Second Motion for Class Certification [ECF# 58]
Mikki the Mime's Motion to Intervene [ECF# 60]
Praecipe [attaching Declaration of Mozhdeh Oskouian in Support of Plaintiffs] [ECF# 67]
Declaration of Kristin Macleod-Ball in Support of Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 68]
Defendants' Brief on Whether Injunctive Relief May Be Awarded to an Uncertified Class [ECF# 70]
Defendants' Opposition to Emergency Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 71]
Plaintiffs' Supplementary Brief in Support of Their Emergency Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 72]
Declaration of Maria Lucia Chavez in Support of Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 74]
Brief of Amicus Curiae Washington State Labor Council Re Motion for TRO (and motion for leave to file) [ECF# 75]
Order Staying Consideration of Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunctive Relief [ECF# 79] (2017 WL 1057645) (W.D. Wash.)
IM-WA-0028-0029.pdf | WESTLAW | Detail
Order Denying Mikki the Mime's Motion to Intervene [ECF# 83] (E.D. Wash.)
Defendants' Motion to Stay District Court Proceedings Pending Resolution of Appeal in Hawaii v. Trump [ECF# 85]
Defendants' Motion to Dismiss [ECF# 94]
Order Granting Motion For Stay [ECF# 95] (2017 WL 2222873) (W.D. Wash.)
Joint Status Report [ECF# 98]
Judges Robart, James L. (W.D. Wash.) show/hide docs
IM-WA-0028-0029 | IM-WA-0028-0031 | IM-WA-0028-0042 | IM-WA-0028-9000
Plaintiff's Lawyers Adams, Matthew (Washington) show/hide docs
IM-WA-0028-0001 | IM-WA-0028-0004 | IM-WA-0028-0006 | IM-WA-0028-0007 | IM-WA-0028-0008 | IM-WA-0028-0009 | IM-WA-0028-0013 | IM-WA-0028-0014 | IM-WA-0028-0020 | IM-WA-0028-0024 | IM-WA-0028-0043 | IM-WA-0028-9000
Chavez, Maria Lucia (Washington) show/hide docs
Crow, Melissa E. (District of Columbia) show/hide docs
IM-WA-0028-0001 | IM-WA-0028-0004 | IM-WA-0028-0006 | IM-WA-0028-0007 | IM-WA-0028-0008 | IM-WA-0028-0009 | IM-WA-0028-0013 | IM-WA-0028-0020 | IM-WA-0028-0024 | IM-WA-0028-0043 | IM-WA-0028-9000
Kenney, Mary (District of Columbia) show/hide docs
IM-WA-0028-0001 | IM-WA-0028-0004 | IM-WA-0028-0006 | IM-WA-0028-0007 | IM-WA-0028-0008 | IM-WA-0028-0009 | IM-WA-0028-0013 | IM-WA-0028-0024 | IM-WA-0028-0043 | IM-WA-0028-9000
Macleod-Ball, Kristin A. (Massachusetts) show/hide docs
Madrid, Glenda Melinda Aldana (Washington) show/hide docs
Oskouian, Mozhdeh (Washington) show/hide docs
IM-WA-0028-0016
Realmuto, Trina (Massachusetts) show/hide docs
Reichlin-Melnick, Aaron (District of Columbia) show/hide docs
Defendant's Lawyers Darrow, Joseph A. (District of Columbia) show/hide docs
Peachey, William Charles (District of Columbia) show/hide docs
IM-WA-0028-0011 | IM-WA-0028-0022 | IM-WA-0028-0023 | IM-WA-0028-0033 | IM-WA-0028-0041 | IM-WA-0028-0043
Readler, Chad Andrew (District of Columbia) show/hide docs
IM-WA-0028-0011 | IM-WA-0028-0022 | IM-WA-0028-0023 | IM-WA-0028-0033 | IM-WA-0028-0041 | IM-WA-0028-0043 | IM-WA-0028-9000
Reuveni, Erez (District of Columbia) show/hide docs
IM-WA-0028-0022 | IM-WA-0028-0023 | IM-WA-0028-0041
Westwater, Gisela Ann (District of Columbia) show/hide docs
Young, Stacey Ilene (District of Columbia) show/hide docs
Other Lawyers Barnard, Kathleen Phair (Washington) show/hide docs
IM-WA-0028-0026 | IM-WA-0028-9000
Iglitzin, Dmitri (Washington) show/hide docs
Robbins, Jennifer (Washington) show/hide docs