Case Document 30 Filed 07/17/18 Page 1 of 322 Exhibit 1 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 2 of 322 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 11 STATE OF WASHINGTON, et al., 12 Plaintiffs, 13 14 15 v. Defendants. 17 I, Taylor Levy, declare as follows: 18 20 21 22 23 24 25 26 2:18-cv-00939-MJP DECLARATION OF TAYLOR LEVY IN SUPPORT OF THE STATE OF WASHINGTON DONALD TRUMP in his official capacity as President of the United States, et al., 16 19 NO. 1. I am over the age of 18 and have personal knowledge of all the facts stated 2. I am the Legal Coordinator for Annunciation House, a charitable nonprofit in herein. the El Paso-Juarez border community. I have worked and volunteered with Annunciation House for almost nine years, and been in my current position since January 2017. I am a Fully Accredited Representative, which is an alternative accreditation that allows me to represent clients in immigration proceedings before the Executive Office of Immigration Review (Immigration Court). I frequently represent clients in Immigration Court who are seeking relief DECLARATION OF TAYLOR LEVY 2:18-cv-00939-MJP 1 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue. Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 3 of 322 1 from removal through asylum, withholding of removal, cancellation of removal under the 2 provisions of the Violence Against Women Act, and other forms of immigration-related relief. 3 I have also recently graduated from law school. 4 3. I have been working on immigration issues along our Southwestern border for 5 much of my career. For example, in the summer 2014, we began seeing a migration surge of 6 asylum seekers along our border communities. At that time, I first worked with Annunciation 7 House to coordinate an emergency humanitarian response to large groups of asylum-seeking 8 family units released on recognizance by Immigration and Customs Enforcement (ICE) in the 9 El Paso area. In August 2014, I changed roles to become part of the emergency pro bono 10 immigration legal team through Las Americas Immigrant Advocacy Center, providing 11 representation to asylum-seeking mothers detained with their children in Artesia, New Mexico. 12 I spent approximately five months in this role, traveling from El Paso to Artesia three days per 13 week. 14 4. The El Paso and Ciudad Juarez metropolitan area where I work is the biggest 15 border community in the world. The combined population of both cities is close to 3 million 16 people. El Paso and Ciudad Juarez are one of the main Southwestern border entry points into 17 the United States. Through my work, legal training, and physical proximity, I am familiar with 18 the conditions in our border community and interact daily with immigrants who have entered 19 the United States through the El Paso ports of entry. 20 5. Annunciation House is an independent organization rooting in Catholic social 21 teaching that accompanies the migrant, homeless, and economically vulnerable peoples of the 22 border region through hospitality, advocacy, and education. 23 Annunciation House has sought to serve the most vulnerable people in our community. 24 Migrants and refugees, who often cannot receive services from most established social 25 agencies, have become the primary focus of our work over the years. Aside from our Executive 26 Director and me, Annunciation House operates with an all-volunteer staff. DECLARATION OF TAYLOR LEVY 2:18-cv-00939-MJP 2 From its beginnings, ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue. Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 4 of 322 1 6. Annunciation House has been located in El Paso/Ciudad Juarez since 1978, and 2 it operates three houses of hospitality for migrants and refugees. Apart from our general 3 population of guests, we also typically receive and serve 10,000-15,000 immigrants a year as 4 they are released from ICE custody. Many of these people travel on to other points in the 5 United States within a day or so, to stay with family as their immigration cases proceed. 6 7. Annunciation House is the entry point for most of our guests. It hosts guests 7 with short-to mid-term needs, who stay for weeks to months. These range from people who 8 have come to the US seeking work, to those who have fled violence and extortion in their home 9 countries, to undocumented families living in El Paso who have come upon financial hardship. 10 8. Casa Vides is a longer-term house of hospitality primarily for guests with 11 ongoing needs, such as political asylum cases or other immigration proceedings, or medical 12 situations. Casa Vides also provides hospitality to a number of Mexican nationals, widows of 13 U.S. citizens, who must spend a certain amount of time in the U.S. each year to collect the 14 Social Security benefits to which they are entitled. 15 9. Additionally, since 2014, Annunciation House has overseen approximately one 16 dozen different “overflow shelters” that serve our very short-term guests that have just been 17 released from ICE custody. The overflow shelters are primarily located in churches and 18 community centers, and they operate on a rotating basis depending on current needs and 19 volunteer availability. The guests in these overflow shelters typically stay just 1-3 days, long 20 enough to address their basic needs and connect with family or friends elsewhere in the U.S. 21 These overflow shelters have high turnover and unpredictable numbers, with the guest 22 population entirely dependent on ICE’s release schedule each week. 23 10. In the summer and fall of 2017, I began to see a significant increase in clients 24 that had suffered family separation in the El Paso area, meaning that parents were arriving at 25 the border with their children but being separated and detained by immigration officials for 26 long periods of time without reunification. Other advocates in our community reported similar DECLARATION OF TAYLOR LEVY 2:18-cv-00939-MJP 3 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue. Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 5 of 322 1 increasing separations during this time. This increase was later confirmed to be due to a shift 2 in Department of Homeland Security (DHS) policy. 3 11. Specifically, Annunciation House is a member of the Borderland Immigration 4 Council, a coalition of immigration attorneys and advocates. On Oct. 24, 2017, the Borderland 5 Immigration Council met with government officials in El Paso about immigration. It is my 6 understanding that representatives from Customs and Border Protection (CBP), ICE, and DHS 7 were present at that meeting and that they claimed that the new CBP policy was to separate 8 children over 10 from their parents when they were taken into custody. 9 12. During this time, I worked directly with two women (B. and J.), who had been 10 separated from their children soon after entering the country. Both women were being detained 11 in the El Paso Service Processing Center after having been separated from their minor children 12 and charged criminally with illegal entry after having been apprehended in the El Paso area. 13 13. I began visiting J. first in the late fall of 2017, after she made multiple calls and 14 sent letters to Annunciation House requesting assistance. I met with her for several months in 15 detention while attempting to place her case with alternate counsel due to a lack of capacity 16 within my own workload. I spoke about her case with various attorneys working with national 17 organizations as I sought counsel. I visited J in detention numerous times for several months, 18 including on Christmas morning; she was always despondent. I spoke to her son’s case workers 19 and legal team in Chicago and kept them informed of my ongoing efforts to assist J. 20 14. In January 2018, I was finally successful in securing immigration legal 21 representation for J through a joint partnership between Linda Rivas of Las Americas 22 Immigrant Advocacy Center and Innovation Law Lab. I then stopped working on the case. I 23 know that she ultimately became one of the named plaintiffs in a lawsuit in the Southern 24 District of California seeking reunification. 25 26 15. In April 2018, J was granted a bond from an Immigration Judge and began living at Annunciation House. J has lived at Annunciation House since that time. It took more DECLARATION OF TAYLOR LEVY 2:18-cv-00939-MJP 4 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue. Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 6 of 322 1 than two months for J to be reunited with her son, who was being detained in Chicago, even 2 with the assistance of Annunciation House, Las Americas, and the ACLU. 3 16. In approximately January 2018, I also began assisting with the case of B, 4 another woman who had been separated from her minor child in the fall of 2017 after being 5 criminally prosecuted for illegal entry following apprehension in the El Paso sector. I began 6 working on her case as an unpaid “on-the-ground” consultant for her immigration lawyers from 7 ALDEA-The People’s Justice Center, an organization headquartered out of Pennsylvania. I 8 visited with B in detention and consulted with her attorneys. B was eventually granted an 9 immigration bond in March 2018 and came to stay at Annunciation House. She has since 10 11 reunited with her family outside of El Paso. 17. Following B’s release from detention, on March 12, 2018, Annunciation House 12 held a press conference to decry the practice of family separation. The press conference 13 included the Annunciation House Director, Ruben Garcia; an Assistant Federal Public 14 Defender, Sergio Garcia (B’s criminal attorney); Christina Garcia from Las Americas 15 Immigrant Advocacy Center; private immigration attorney and member of the Borderland 16 Immigration Council Eduardo Beckett; B; and myself. 17 18. Following the Press Conference, a journalist, Angela Kocherga, from the 18 Albuquerque Journal reached out to DHS for comment. The following was published in that 19 article: “DHS does not currently have a policy of separating women and children,” said Tyler 20 Houlton, acting DHS press secretary in an emailed statement. “However, we retain the 21 authority to do so in certain circumstances – particularly to protect a child from potential 22 smuggling and trafficking activities.” See https://www.abqjournal.com/1145759/advocates- 23 decry-immigration-tactic.html. I also read other articles in the press reporting similar 24 statements denying family separation from DHS spokespersons. 25 26 19. I am aware that on or about May 7, 2018, the press reported on an internal DHS memo that confirmed that DHS had piloted a secret test of the family separation policy in the DECLARATION OF TAYLOR LEVY 2:18-cv-00939-MJP 5 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue. Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 7 of 322 1 El Paso area during July–November 2017. These news reports confirmed what I had observed: 2 that DHS was intentionally separating families as they entered at the El Paso border as a 3 deterrent to future immigrants. These news reports coincided with Attorney General Sessions’ 4 formal announcement of the “Zero Tolerance” border prosecutions policy, which effectively 5 mandated 6 https://www.texasmonthly.com/news/homeland-security-promises-to-prosecute-100-percent- 7 of-illegal-immigration-cases/ 8 20. family separation along the entire border. See After the announcement, I began to hear reports from other border areas that 9 CBP and ICE were systematically turning asylum seekers away from ports of entry in other 10 Southwestern border communities. I initially dismissed these reports as arising from a few 11 individual CBP officers who were acting unlawfully, as I did not see a similar pattern in our 12 El Paso community. While as early as the fall of 2016, I had heard some anecdotal reports of 13 “metering”– a term that is frequently used to describe techniques to slow the number of asylum 14 applicants who enter at any one time – at El Paso points of entry, I believed that these were 15 isolated incidents. 16 21. During a press event in May 2018, I responded to a reporter’s question by 17 stating my belief that local ICE and CBP officers were not refusing to accept asylum seekers 18 in our area. At that point, a nun from our community who was sitting in the audience raised 19 her hand and offered that she had observed such refusals on the Paso del Norte, El Paso’s main 20 port of entry. That week, Annunciation House received a noticeable smaller number of ICE 21 releases. Because of the week of lower client numbers, coupled with the reports from 22 colleagues in other areas, increasing rumors in our community, and the nun’s remarks, I 23 decided to observe for myself what was occurring at the Paso del Norte. 24 22. On May 25, 2018, at approximately 9:30 a.m., I went to the Paso del Norte 25 alone to observe. The Paso del Norte is the main bridge into El Paso from Mexico, and to the 26 best of my knowledge, it sees more than 10,000 pedestrians crossing per day, traveling between DECLARATION OF TAYLOR LEVY 2:18-cv-00939-MJP 6 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue. Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 8 of 322 1 the two countries. When I arrived that morning, there were CBP officers stationed near the 2 middle of the bridge—where the border line is—but actually standing in a shady spot 5-10 feet 3 onto U.S. soil. I observed them for approximately two hours, including during a few apparent 4 shift changes when different CBP agents relieved the agents stationed at the middle of the 5 bridge. 6 23. During those two hours, I watched the CBP officers conduct “random” 7 identification checks of people crossing the middle point of the bridge. The officers did not 8 appear to have a system (e.g., every ten people) for the checks; instead, to my observation, they 9 primarily stopped those entrants who appeared to be Central American, particularly shorter, 10 darker skinned people. During that time, I watched them turn away two people. I then 11 approached those two people to ask what had happened; neither identified themselves as 12 asylum-seekers. One was seeking assistance with obtaining medical records and the other said 13 that he was simply waiting for a friend and had accidentally walked too far on the bridge. 14 24. At around 11:30 that morning, I watched a short, dark skinned man with a child 15 approach the border and cross the middle of the bridge at the border line and into the United 16 States. The CBP officers stopped the man. While I could not initially hear what they were 17 saying, I watched them gesture to him to go back. As I watched, the CBP officer gestured 18 forcefully again three times to the man to turn back and cross the border back into Mexico. I 19 heard the CBP agent say to the man, “para alla” (“go there”), while gesturing forcefully 20 towards Mexico. The man finally turned back. 21 25. When the man crossed back across the border line back into Mexico, I stopped 22 him and introduced myself. He began shaking and crying. He told me that he was fleeing 23 violence in Guatemala with his six-year-old son and that he had come to request asylum. As I 24 had observed, he was prevented from presenting his claim by the CBP officers who he said 25 told him to go away and that he cannot seek asylum. We stood and spoke for a while about 26 what had happened and his intentions to seek asylum. The man was very afraid to return to DECLARATION OF TAYLOR LEVY 2:18-cv-00939-MJP 7 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue. Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 9 of 322 1 Mexico or to Guatemala. After this discussion, I offered to accompany him if he wanted to 2 enter again to present his asylum claim. 3 26. Together, the three of us began walking back across the middle point of the 4 Paso del Norte Bridge. As we passed the border line at the middle of the bridge, and came into 5 the United States, the same CBP officers stopped us. “Didn’t we already tell you to go back?” 6 one of them said to the man. They once again asserted that he could not come in to the United 7 States. 8 27. I explained to the CBP officers that I was accompanying the man and his son in 9 their attempt to lawfully assert a claim for asylum. Our conversation escalated, and the CBP 10 officers called on their radio, saying “we have some noncompliants here,” “we need a 11 supervisor,” and requesting additional support. Shortly thereafter, additional officers arrived, 12 for a total of the two original CBP officers and four supervisors. They repeatedly told the man 13 in my presence that he could not enter and claim asylum, that he and his child had to “wait 14 until there was space” and similar statements. 15 28. During the course of our conversation, the CBP agents, including supervisors, 16 made the following statements to me or in my presence: “We have orders not to let anybody 17 in. As soon as we have room, yea.” “We have an order.” “This is a policy across the border.” 18 “There is no room for them right now. You can wait in line. Once there is room they can come 19 in.” “They can wait until we have room for them.” “It's an order from Sessions.” 20 29. After I protested that the refusal was unlawful and that the man was already on 21 American soil, the CBP officers eventually relented and allowed the man and his son to proceed 22 to have their asylum claim entered for processing. 23 30. After this incident, the two men I believe to be CBP supervisors pulled me aside 24 and said, approximately, “we’re all good now, right? We are being told to do this. We have 25 bosses too.” 26 DECLARATION OF TAYLOR LEVY 2:18-cv-00939-MJP 8 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue. Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 10 of 322 1 31. Two days later, the man and his son were released from ICE custody pending 2 resolution of their asylum claims. I believe that had I not been present and willing to directly 3 advocate for their right to present their claims at the port of entry, that CBP officers would 4 have continued to deny them entry until they either gave up or attempted to enter elsewhere. 5 32. This experience was very upsetting on a personal level, as someone who has 6 dedicated her work to immigrant communities and the law. I had only just recently graduated 7 from law school a few days earlier and was shocked to hear CBP agents refusing to allow this 8 young man and his small child to be processed properly in accordance with the law. It was 9 especially infuriating to be told by the agents that there was no space to process these people 10 when I knew personally from my work with Annunciation House that this was simply not true. 11 Regardless, even if there was an actual lack of capacity at the bridge, the Immigration and 12 Nationality Act and U.S. treaty obligations do not allow agents to reject asylum-seekers for 13 alleged lack of capacity, especially when already standing on American soil. 14 33. About a week later, on May 30, 2018, I returned to the Paso del Norte with 15 others, including the Executive Director of Annunciation House, Ruben Garcia, and a local 16 reporter Bob Moore. Again, we went with the express purpose of observing whether CBP 17 officers were refusing to allow asylum seekers to enter the country. 18 34. We observed a group of about 15 Guatemalan refugees who had reportedly 19 spent the night on the bridge after having been turned away the day before. We spoke with 20 them, and confirmed that all were seeking asylum and had been turned away from the border 21 multiple times. Many members of the group were fathers traveling with their children, but 22 there was also one mother with a three year old child and several unaccompanied minors. 23 35. After hearing their stories of being turned away, we decided to accompany the 24 mother and one of the unaccompanied minors, a teenage girl, as they tried again to present 25 themselves at the port of entry. 26 DECLARATION OF TAYLOR LEVY 2:18-cv-00939-MJP 9 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue. Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 11 of 322 1 36. Again we crossed the center of the bridge, over the border and onto U.S. soil. 2 CBP officers stopped us, and told us and the women that there was “no space” and that they 3 would have to come back some other time. In response to my protests that refusing an asylum 4 applicant on U.S. soil is unlawful, again the officers called for a supervisor to assist with 5 “noncompliants”. 6 37. When the supervising officer arrived with other CPB officers, he asserted that 7 the CBP was not “turning people away,” but that they were not allowing people to cross until 8 there was space. As we continued to discuss, one of the officers who was carrying a large gun 9 moved to stand very near the mother with her three-year-old son. I observed her to be 10 frightened and intimidated by his behavior, which I believe to have been intentional. The man, 11 who was not wearing a name tag or other identification, then deliberately discharged his Taser 12 at the ground right in front of us. 13 38. After more discussion, the CPB officers finally agreed to accept the women for 14 asylum processing; once again, this seemed to occur in part because I pointed out that we were 15 already standing on U.S. soil. Before we escorted them to the processing area, we saw one of 16 the fathers and two other boys from the group standing on the U.S. side of the border. We 17 explained to them that they did not have to leave, and were entitled to have their asylum 18 applications heard. We left to accompany the other women to the processing area, leaving the 19 other asylum-seekers behind. I did not return later to the bridge myself, but heard from Ruben 20 Garcia and another Annunciation House volunteer that when they returned approximately an 21 hour later with food and water, they could not find anyone else from the group. 22 39. Bob Moore, who was present, reported on these events. See Bob Moore, Border 23 Agents are Using a New Weapon Against Asylum Seekers, Texas Monthly (June 2, 2018), 24 available at https://www.texasmonthly.com/politics/immigrant-advocates-question-legality- 25 of-latest-federal-tactics/, attached hereto as Exhibit A. I read the article at the time it was 26 DECLARATION OF TAYLOR LEVY 2:18-cv-00939-MJP 10 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue. Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 12 of 322 1 published, and both then and now I believe it to be an accurate recording of the events that he 2 describes. 3 40. On or about June 20, 2018, I again went to Paso del Norte Port of Entry to 4 observe and accompany asylum-seekers with Ruben Garcia. While I was walking across the 5 bridge, I once again observed CBP officers stationed at the center of the bridge and checking 6 documentation. 7 41. We crossed into Mexico and met up with two families of asylum-seekers who 8 had previously been denied entry by agents stationed at the middle of the bridge. Annunciation 9 House had become aware of these families through our contacts with nongovernmental 10 humanitarian organizations in Ciudad Juarez. The two families were Mexican asylum-seekers 11 with small children and they had agreed to allow the press to document the process of trying 12 to seek asylum at the Paso del Norte Port of Entry. 13 42. There were approximately 30 reporters who joined us as we accompanied the 14 two families across the bridge. At the middle point of the bridge, CBP agents once again turned 15 us away, stating that they had no space. Several news outlets have published reports and video 16 of the encounter. The agents did tell us that we could wait until there was space, and the two 17 families were eventually permitted to cross the border onto U.S. soil and be processed as 18 asylum-seekers. 19 43. Since the formal announcement of DHS’ family separation policy, 20 Annunciation house has seen a great number of separated parents. Many of these parents report 21 that it was only when they had been turned away at the port of entry – sometimes multiple 22 times – that they attempted to cross elsewhere and were prosecuted for unlawful entry. 23 44. For example, on June 29, 2018, I interviewed a young woman from Guatemala 24 who was recently released from ICE custody after paying an immigration bond. She has not 25 seen her 3-year-old daughter in more than 2 weeks. This young woman explained to me that 26 she spent 2 days and 2 nights on the Paso del Norte Port of Entry with her 3-year-old trying to DECLARATION OF TAYLOR LEVY 2:18-cv-00939-MJP 11 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue. Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 13 of 322 1 present herself for asylum-processing. She told me that she was turned away by the agents at 2 the middle of the bridge several different times during those two days. Finally, someone 3 walking on the bridge suggested that she instead try walking against pedestrian traffic on the 4 other side of the bridge to present herself that way. Out of desperation—after having spent 2 5 days in the hot son on the bridge with her 3-year-old—this young woman decided to follow 6 the man’s advice. She crossed the bridge horizontally and began walking against the pedestrian 7 traffic leaving the U.S; this was in broad daylight. She was quickly apprehended by CBP agents 8 and charged with unlawful entry even though she was still on the bridge, just walking in the 9 wrong direction. She was then forcibly separated from her daughter. 10 45. On June 30, 2018, I interviewed a man from Honduras who is currently detained 11 in the El Paso area after having been separated from his 3-year-old son since approximately 12 May 25, 2018. This man told me about attempting to cross the Paso del Norte Port of Entry 13 three times before eventually deciding to enter irregularly. This man told me that during his 14 first attempt, he was not stopped at the middle of the bridge and actually made it all the way to 15 building at the end of the U.S. side of the bridge where he waited in line and presented himself 16 for asylum to a CBP agent. The CBP agent ordered him to leave the building, saying they had 17 “orders from Washington” to not allow anyone else in. The man left the building to take his 3- 18 year-old son to the public restrooms right outside; he then returned from the bathroom and got 19 on his knees in front of the CBP agent and begged to be allowed in for asylum processing. The 20 CBP agent yelled at him and told him to get up and leave, while putting his hand on his gun 21 menacingly. The man left. A few hours later, he decided to try and cross again, this time being 22 turned away by CBP agents near the middle of the bridge, but several feet onto U.S. soil. The 23 next day, he tried to cross the bridge once again, but was turned away this time by a Mexican 24 official who was standing near the bridge and told him to leave or her would call Mexican 25 immigration. It was only then that this man decided to attempt to cross the border irregularly. 26 DECLARATION OF TAYLOR LEVY 2:18-cv-00939-MJP 12 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue. Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 14 of 322 1 46. When ICE releases separated parents from custody here in El Paso, the parents 2 are transported to our facility by bus or by van and dropped off with a 1-800 number for the 3 Office of Refugee Resettlement (ORR) to call to try to locate their children. These mothers 4 and fathers have almost no information about when they will be reunited with their children, 5 and they arrive here terrified and shaken by their experience. 6 47. For example, on last Sunday, June 24, 2018, we received 32 parents who had 7 been separated from their children. These parents arrived at Annunciation House absolutely 8 despondent. The youngest separated child in the group of parents was only 4 years old, while 9 the average age was 10 years old. The average length of separation was 25 days and the max 10 was 40 days. Ninety-one percent of the parents said that they had never once spoken with their 11 child since separation (though the majority said that their friends or family had been contacted 12 by their children’s social workers). Five of the parents reported that no one in their families 13 had heard from the children since separation—they had absolutely no idea about their 14 locations. It took Annunciation House volunteers four days and numerous phone calls to 15 random social workers of other parents to find the location of one of these children; during 16 those four days, we never received a call from ORR despite multiple calls to the ORR 1-800 17 number. 18 48. In my experience, ORR generally requires sponsor families who want to host 19 an unaccompanied minor to complete a series of procedural checks. These include criminal 20 background checks, fingerprinting, sometimes a blood test, and detailed financial information. 21 ORR frequently requires a sponsor family to pay for the cost of airfare for the child and a 22 roundtrip ticket for an ORR companion to accompany the child. A true and correct copy of 23 ORR’s Family Reunification Packet is attached hereto as Exhibit B. 24 49. The separated mothers and fathers that have arrived at Annunciation house 25 recently are struggling to navigate ORR’s reunification paperwork. They are being treated as 26 new ORR sponsors – subject to a host of paperwork and procedural hoops – rather than the DECLARATION OF TAYLOR LEVY 2:18-cv-00939-MJP 13 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue. Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 15 of 322 1 acknowledged parents of their children. Their social workers are insisting that they would 2 need to file all the Family Reunification paperwork and come up with airfare for their children 3 and ORR escorts before they would see their children again. All of these parents are deeply 4 worried about the ORR process taking too long and being overly cumbersome, especially given 5 their emotional states and long periods of separation. 6 50. As such, the majority of these parents have decided to travel to their family and 7 friends in other cities across the U.S. Annunciation House is maintaining contact with these 8 parents and attempting to match them with pro bono legal counsel in their receiving 9 communities. We are also attempting to help them navigate the complex ORR bureaucracy. 10 51. At least two parents have chosen to remain in El Paso while we attempt to 11 reunite them with their minor children (all three of whom are under the age of 10). In the case 12 of these two parents, their minor children are in ORR custody in El Paso. However, both 13 parents were originally told by their children’s social workers that it was impossible for them 14 to reunited with their children while living at our shelter. I was able to speak to both of these 15 social workers on Friday, June 29, and they told me that they were asking their supervisors 16 about reunification at our shelter. We are currently assisting them with the standard ORR 17 reunification packet, but this seems to be an unnecessary bureaucratic burden—as of today, 18 these two parents have been living at our shelter for an entire week, but they do not have their 19 children back, even though they are in ORR custody just a few minutes away. 20 52. On Wednesday, June 27, 2018, seven separated mothers arrived at 21 Annunciation house after being released by ICE from three separate jails. These mothers had 22 been told by CBP that they were on their way to be reunited with their children immediately; 23 they all believed that their children were already at our shelter waiting for them. When they 24 arrived and realized that their children were not there, they were heartbroken. I personally 25 observed the pain and trauma that they experienced in that moment. 26 DECLARATION OF TAYLOR LEVY 2:18-cv-00939-MJP 14 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue. Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 huh- t?O m?mN?owm-Jaaza? Ch Case Document 30 Filed 07/17/18 Page 16 of 322 53. When I interviewed one mother than evening and explained the OR process, she began to sob, shaking uncontrollably. She said she had stayed strong for approximately thirty days away from her child, but that having her hope dashed that she was going to be reunited with her child that day was simply too much for her to take. I spent close to an hour with her before she was able to stop sobbing. 54. As I explained above, I have been working with the asylum-seeking p0pulation in the El Paso area for approximately nine years. I have dedicated my work to this community and have encountered literally thousands of asylum-seeking men, women, and children. I have borne witness to countless stories of rape, torture, and murder. Despite all of this, I have never been as emotionally impacted by anything as intensely as I have been working with these mothers and fathers as they desperately struggle to reunite with their minor children. I simply cannot believe that my government could have done this to these people. I declare under penalty of perjury under the laws of the State of Washington and the United States of America that the foregoing is true and correct. DATED this ?rst day of July, 2018 at El Paso, Texas, United States. 0R LEVY DECLARATION OF 15 A1TORNEY GENERAL or wasrnxoron 800 Filth Amine. Suite 2000 TAYLOR LEVY Seattle. WA 98104-3188 2: I 8-cv?0093 9-MJP may 464-7744 Case Document 30 Filed 07/17/18 Page 17 of 322 Exhibit A Border Agents Are Using a New Weapon Against Asylum Seekers – Texas Monthly Page 1 of 7 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 18 of 322 POLITICS Border Agents Are Using a New Weapon Against Asylum Seekers Federal law allows immigrants to step into United States and claim asylum; agents are physically preventing them from doing so. BY ROBERT MOORE DATE JUN 2, 2018 SHARE NOTES 159 COMMENTS https://www.texasmonthly.com/politics/immigrant-advocates-question-legality-of-latest-fed... 7/1/2018 Border Agents Are Using a New Weapon Against Asylum Seekers – Texas Monthly Page 2 of 7 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 19 of 322 agents, asked for documents, and told they would not be allowed to go further into the United States because of capacity issues. So began a tense standoff Saturday that marks an escalation in U.S. tactics to keep immigrants out of the country—including those legally entitled to enter and seek asylum—and relieve crowded immigration facilities that officials say are filled beyond capacity. “I know you’re not at capacity. I know that’s what you’ve been instructed to say,” said Ruben Garcia, a 72-year-old who was inspired by Mother Teresa to found Annunciation House in 1976. He has a good handle on how many people are being detained at the bridges, because Immigration and Customs Enforcement eventually releases many of them to Annunciation House. Taylor Levy, a recent law school graduate who is working with Annunciation House, told the agents they were legally required to let the Guatemalans make their asylum claim because they are already several steps inside the country, a boundary that exists at the bridge’s apex. The two CBP agents, whose nametags identified them as Armendariz and Avila, politely but firmly held their ground. Garcia asked to speak to a supervisor, and they made the call. Before the supervisor arrived, another agent came up to the group. His nametag was obscured by a tactical vest and a semiautomatic rifle. The agents said they had been assigned to check IDs as people cross the boundary line, a highly unusual effort coming at a time when President Trump is expressing increasing frustration that his administration cannot control the nation’s borders—a key campaign promise of his. IDs are usually required a couple hundred yards further north, and well into U.S. soil, at the port of entry, where people make citizenship and customs declarations—and apply for asylum. And while the agents at the top of the bridge said they were checking the identification of all people walking across the bridge, Levy noted that the agents weren’t checking many IDs other than those of people with the dark skin and threadbare clothing that is typical of many Central American migrants. New Tactics https://www.texasmonthly.com/politics/immigrant-advocates-question-legality-of-latest-fed... 7/1/2018 Border Agents Are Using a New Weapon Against Asylum Seekers – Texas Monthly Page 3 of 7 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 20 of 322 Saturday morning, Garcia got a report that a group of Guatemalans was encamped in Juárez after being unable to cross the bridge. He invited me to accompany him and Levy as they investigated. We walked south across the Paso del Norte Bridge, the busiest pedestrian crossing between El Paso and Juárez, and saw two CBP agents standing at the top of the northbound pedestrian lanes. Minutes after crossing into Mexico, we spotted a group of about a dozen people huddled near public restrooms at the Mexican immigration office, one of the few spots offering shade. They told us that they had come from Guatemala and had been turned back by U.S. authorities the previous night. CBP officials confirmed what Garcia has been hearing from immigrants, both at the bridge on this Saturday and in previous weeks at the Annunciation House shelter. “Regarding what you witnessed today, U.S. Customs and Border Protection (CBP) is taking a proactive approach to ensure that arriving travelers have valid entry documents in order to expedite the processing of lawful travel,” agency spokesman Roger Maier said in an email. “That being said, CBP processes undocumented persons as expeditiously as possible without negating the agency’s overall mission, or compromising the safety of individuals within our custody.  “The number of inadmissible individuals CBP is able to process varies based upon case complexity; available resources; medical needs; translation requirements; holding/detention space; overall port volume; and ongoing enforcement actions. No one is being denied the opportunity to make a claim of credible fear or seek asylum. Once space is available and/or other factors allow then CBP officers allow more people into our facilities for processing. This has been occurring intermittently as needed for about a month here in El Paso and other locations as well where the volume of arriving people exceeds the capacity of our facilities.” Garcia, Levy, and other advocates for migrants say federal law prohibits agents from turning away people who say they want to seek asylum, which is a means of legal entry in to the United States. The Immigration and Nationality Act states: “Any alien who is physically present in the United States or who arrives in the United States … irrespective of such alien’s status, may apply for asylum.” The https://www.texasmonthly.com/politics/immigrant-advocates-question-legality-of-latest-fed... 7/1/2018 Border Agents Are Using a New Weapon Against Asylum Seekers – Texas Monthly Page 4 of 7 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 21 of 322 American Immigration Council last year filed a federal lawsuit in California challenging what it said was the Trump administration’s efforts to illegally thwart the efforts of asylum seekers. The case is pending. The group of Guatemalans gathered on the Mexican side of the Paso del Norte Bridge were the latest to be caught up in the Trump administration’s efforts to reduce illegal immigration and clamp down on what it sees as exploitation of the asylum process. The group included several men traveling with their sons; a couple of teenage boys traveling without parents or guardians; the woman and her baby; and the 16-year-old girl traveling by herself. Garcia and Levy introduced themselves and asked the migrants about their stories. They came from different villages but told similar tales of fleeing intense poverty, a corrupt government, and violent street gangs who were trying to dragoon young boys. The men and their sons wept openly as they spoke. The young mother told Garcia and Levy that she had been raped in Guatemala. The only young girl in the group was more reticent to discuss what caused her to flee her home. “The pieces that she put out there was that she would go to school and then she would lock herself up in her room when she would come back. And I tried to get from her, ‘Why do you feel you need to do that?,’ and I couldn’t get an answer to that,” Garcia said. One man, barely over five feet tall and wearing a tattered orange t-shirt, told Garcia that his two sons had joined him on the trek from Guatemala. But as they attempted to cross the bridge earlier that day, he had gotten separated from his sons, who crossed the bridge while he was turned back. The man sobbed as he told his story. “He said there was a group of people and they kind of merged in with that group, kind of included themselves in that group. So they got in and he didn’t, which is going to create a huge problem for him, huge problems not being with his kids,” Garcia said. Levy and Garcia huddled briefly to determine how to proceed. They decided to focus their efforts on the teenage girl, as well as the mother and child. Garcia told https://www.texasmonthly.com/politics/immigrant-advocates-question-legality-of-latest-fed... 7/1/2018 Border Agents Are Using a New Weapon Against Asylum Seekers – Texas Monthly Page 5 of 7 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 22 of 322 the group of men and boys a bit about the U.S. asylum process, telling them they had to make such decisions themselves. He and Levy then began walking up the bridge with the mother, her baby, and the teenage girl. That’s when they were met by the agents blocking their path at the top of the bridge. “I’m Following Directions” After the initial standoff with agents Armendariz and Avila at the top of the bridge, a supervisor arrived. He introduced himself as Agent Gomez and recognized Garcia, who has a long history of working with border law enforcement agencies. “This mom is saying to me, ‘I am afraid to be in my country, I’m afraid to go back to my country,’” Garcia said. Gomez asked, in Spanish, where the three migrants were from, and Garcia said Guatemala. Gomez replied, “OK, well, they’re not in Guatemala,” meaning they were now in Mexico. Levy corrected him, pointing out that they were standing in the United States. Gomez told Garcia that he couldn’t allow the Guatemalans to come forward because the holding cells at the port were at capacity. He reminded Garcia of past surges of Central American migrants that led to what the CBP official called “inhumane” conditions in packed port of entry holding cells. “We are not absolutely saying that they cannot (make an asylum claim), we are just saying that we cannot process them at this time,” Gomez said. When Garcia said the law required CBP to process their asylum claims, Gomez said: “Sir, I’m sure you know I’m following directions. And this is not even local directions.” Garcia wasn’t buying it. “I know by the numbers (of migrants) that ICE is turning over to us that there is room, because the numbers are low and they have been low this whole week,” he told Gomez. Garcia and Gomez had been talking for about four minutes when Garcia asked: “So right now, as far as they are concerned, I’m understanding you to say you will not https://www.texasmonthly.com/politics/immigrant-advocates-question-legality-of-latest-fed... 7/1/2018 Border Agents Are Using a New Weapon Against Asylum Seekers – Texas Monthly Page 6 of 7 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 23 of 322 allow them to present (for asylum).” Then Gomez changed course. “They are, as (Levy) pointed out, stepping on U.S. soil, so we are going to take them in” to process their asylum claims. Agents Armendariz and Avila escorted the mother, her baby, and the teen girl to the port of entry. By this time, some of the other Guatemalans had made their way up the bridge. Four were standing just inside U.S. territory; three—including the father who had been separated from his sons earlier in the day— were on the Mexican side of the line. Two CBP agents who had been standing a few feet from the border stepped forward and stood directly on the line. I witnessed one of the agents, whose nametag said Augustin, take a couple steps into Mexico to prevent one of the Guatemalans from crossing into the United States. CBP spokesman Maier later said port officials denied that any agent crossed into Mexico. Garcia told the two boys and two men who were just inside U.S. territory that they could not be ordered to move back across the line. He told them he was going to get some sandwiches and water in El Paso, and would return. When he came back an hour later, everyone was gone. The four people who had been just inside the United States, gone. The other Guatemalans who had been in Mexico, either just on the other side of the boundary or at the foot of the bridge, gone. Garcia approached the agents. “I said, ‘What happened to them?’ They said, ‘They went back.’ And I said, ‘What happened to the ones that were standing right here on this side of the boundary line?’ And they said, ‘Well, they went back as well.’” 159 COMMENTS SHARE TAGS: IMMIGRATION, ILLEGAL IMMIGRATION, IMMIGRATION AND CUSTOMS ENFORCEMENT, PRESIDENT TRUMP https://www.texasmonthly.com/politics/immigrant-advocates-question-legality-of-latest-fed... 7/1/2018 Border Agents Are Using a New Weapon Against Asylum Seekers – Texas Monthly Page 7 of 7 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 24 of 322 https://www.texasmonthly.com/politics/immigrant-advocates-question-legality-of-latest-fed... 7/1/2018 Case Document 30 Filed 07/17/18 Page 25 of 322 Exhibit Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 26 of 322 Administration for Children & Families Office of Refugee Resettlement Family Reunification Application How to complete this application IMPORTANT: If you cannot complete these steps within seven (7) days, please tell your Case Manager. Step 1 If you have not already done so, you must immediately sign and return the Authorization for Release of Information form and a copy of your government issued photo ID to your Case Manager. If you are required to submit fingerprints, your Case Manager will assist you to schedule an appointment to submit your fingerprints within three (3) days. Contact your Case Manager if you have questions. Step 2 Read the Sponsor Handbook and the Sponsor Care Agreement which includes other important information you need to know about sponsoring a minor in our program. Step 3 Complete and sign the Family Reunification Application (pages 3-7 in this packet). Step 4 Gather the required documents listed on the Supporting Documents section (pages 8-10 in this packet). Step 5 Submit the Family Reunification Application (this application) and the required supporting documents to your Case Manager. ORR UAC/FRP-3 [Rev. 05/14/2018] OMB 0970-0278 [valid through 10/31/2018] Page 1 of 10 THE PAPERWORK REDUCTION ACT OF 1995 (Pub. L. 104-13) Public reporting burden for this collection of information is estimated to average 0.5 hour per response, including the time for reviewing instructions, gathering and maintaining the data needed, and reviewing the collection of information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Please see the accompanying privacy notice / Privacy Act statement for a discussion of (1) the authority for solicitation of information, and whether disclosure is mandatory or voluntary, (2) the principal purposes for which the information is intended to be used, (3) other routine uses which may be made of the information, and (4) the effects, if any, of not providing all or any part of the requested information. Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 27 of 322 Family Reunification Application Office of Refugee Resettlement Frequently Asked Questions Can I sponsor my child if I am undocumented? Yes. ORR/DUCO prefers to release a child to a parent or legal guardian, regardless of your immigration status. Is there a cost to sponsor a child? No. There is no fee to complete the requirements to sponsor a child, however you may be responsible for costs associated with the child's travel and escort. Do I need an attorney to sponsor a child? No. You do not need an attorney to complete the requirements to sponsor a child. If you need help completing the requirements, your Case Manager can assist you. If you seek additional assistance, note that there is no fee to complete the requirements to sponsor a child. Why do I have to submit my fingerprints? ORR/DUCO requires background checks to ensure the safety of the child. If you are required to submit fingerprints, your Case Manager will assist you to schedule an appointment to submit your fingerprints within three (3) days. Contact your Case Manager if you have questions. What information do I have to provide? You must complete the Family Reunification Application and supporting documentation. You must also answer questions from your Case Manager about your household, your relationship with the child, and your ability to care for the physical and mental well-being of the child. You must provide proof of your identity. When do I need to give these documents to my Case Manager? You should submit all required information within seven (7) days or earlier, if possible. The sooner you submit all required documents, the sooner ORR will make a decision on releasing the child to your custody. ORR will promptly inform you of a decision on releasing the child to your custody or will notify you if additional information or assessment is required. ORR UAC/FRP-3 [Rev. 05/14/2018] OMB 0970-0278 [valid through 10/31/2018] Need Help? Contact your Case Manager. Page 2 of 10 THE PAPERWORK REDUCTION ACT OF 1995 (Pub. L. 104-13) Public reporting burden for this collection of information is estimated to average 0.5 hour per response, including the time for reviewing instructions, gathering and maintaining the data needed, and reviewing the collection of information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Please see the accompanying privacy notice / Privacy Act statement for a discussion of (1) the authority for solicitation of information, and whether disclosure is mandatory or voluntary, (2) the principal purposes for which the information is intended to be used, (3) other routine uses which may be made of the information, and (4) the effects, if any, of not providing all or any part of the requested information. Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 28 of 322 Family Reunification Application Office of Refugee Resettlement About you - the sponsor - and the minor(s) 1) Name(s) of the minor(s) List the names of all children you are applying to sponsor 2) Your relationship to the minor(s) e.g., mother, uncle, family friend 3) Your Name 4) Other names you have used List other names you have used, such as your name before you were married or maternal last names (separate with commas) 5) Your country of origin Where you were born 6) Your date of birth e.g., 12/31/1979 7) Phone numbers e.g., 210-555-1234 Primary Phone Secondary Phone 8) Your email address or fax number 9) Language(s) you speak ORR UAC/FRP-3 [Rev. 05/14/2018] OMB 0970-0278 [valid through 10/31/2018] Need Help? Contact your Case Manager. Page 3 of 10 THE PAPERWORK REDUCTION ACT OF 1995 (Pub. L. 104-13) Public reporting burden for this collection of information is estimated to average 0.5 hour per response, including the time for reviewing instructions, gathering and maintaining the data needed, and reviewing the collection of information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Please see the accompanying privacy notice / Privacy Act statement for a discussion of (1) the authority for solicitation of information, and whether disclosure is mandatory or voluntary, (2) the principal purposes for which the information is intended to be used, (3) other routine uses which may be made of the information, and (4) the effects, if any, of not providing all or any part of the requested information. Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 29 of 322 Family Reunification Application Office of Refugee Resettlement Where will you and the minor(s) live? 10) Address Street Address (+ apartment number, if applicable) City State Zip code 11) Who currently lives at this address? Household Member Name (EXAMPLE) Miguel Perez ORR UAC/FRP-3 [Rev. 05/14/2018] OMB 0970-0278 [valid through 10/31/2018] Date of Birth 12/31/1985 Relationship to Relationship to you (the sponsor) the minor Brother Need Help? Contact your Case Manager. Uncle Page 4 of 10 THE PAPERWORK REDUCTION ACT OF 1995 (Pub. L. 104-13) Public reporting burden for this collection of information is estimated to average 0.5 hour per response, including the time for reviewing instructions, gathering and maintaining the data needed, and reviewing the collection of information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Please see the accompanying privacy notice / Privacy Act statement for a discussion of (1) the authority for solicitation of information, and whether disclosure is mandatory or voluntary, (2) the principal purposes for which the information is intended to be used, (3) other routine uses which may be made of the information, and (4) the effects, if any, of not providing all or any part of the requested information. Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 30 of 322 Family Reunification Application Office of Refugee Resettlement Adult Who Will Care for the Minor(s) if You Cannot If you might need to leave the United States or become unable to care for the minor(s), who will care for the minor(s)? 12a) Name of potential adult caregiver 12b) Date of birth of potential adult caregiver 12c) Contact information of potential adult caregiver Phone Number Street Address (+ apartment number, if applicable) City State Zip code 12d) What is their relationship to the minor(s)? (grandparent, aunt, sibling over 18 years old, etc.) 12e) What is their relationship to you, the sponsor? 12f) How will the minor(s) be cared for if you leave the United States or become unable to care for them? ORR UAC/FRP-3 [Rev. 05/14/2018] OMB 0970-0278 [valid through 10/31/2018] Need Help? Contact your Case Manager. Page 5 of 10 THE PAPERWORK REDUCTION ACT OF 1995 (Pub. L. 104-13) Public reporting burden for this collection of information is estimated to average 0.5 hour per response, including the time for reviewing instructions, gathering and maintaining the data needed, and reviewing the collection of information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Please see the accompanying privacy notice / Privacy Act statement for a discussion of (1) the authority for solicitation of information, and whether disclosure is mandatory or voluntary, (2) the principal purposes for which the information is intended to be used, (3) other routine uses which may be made of the information, and (4) the effects, if any, of not providing all or any part of the requested information. Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 31 of 322 Family Reunification Application Office of Refugee Resettlement Financial Information 13) How will you financially support the minor(s)? Include all sources and amounts of your income (for example, the amount you are paid each week) as well as explaining any financial support from others who will help financially support the minor(s). Health Information 14a) Does any person in your household have any serious contagious diseases (TB, AIDS, hepatitis, etc.)? If so, please explain: 14b) Are you aware of any health conditions the minor(s) may have (disabilities, allergies, diseases, etc.)? If so, please explain: ORR UAC/FRP-3 [Rev. 05/14/2018] OMB 0970-0278 [valid through 10/31/2018] Need Help? Contact your Case Manager. Page 6 of 10 THE PAPERWORK REDUCTION ACT OF 1995 (Pub. L. 104-13) Public reporting burden for this collection of information is estimated to average 0.5 hour per response, including the time for reviewing instructions, gathering and maintaining the data needed, and reviewing the collection of information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Please see the accompanying privacy notice / Privacy Act statement for a discussion of (1) the authority for solicitation of information, and whether disclosure is mandatory or voluntary, (2) the principal purposes for which the information is intended to be used, (3) other routine uses which may be made of the information, and (4) the effects, if any, of not providing all or any part of the requested information. Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 32 of 322 Family Reunification Application Office of Refugee Resettlement Criminal History If you answer “YES” to either of these questions, you will need to provide more information. See the Supporting Documentation page (page 9 of this packet) for more information. 15a) Have you or any person in your household ever been charged with or convicted of a crime (other than a minor traffic violation; e.g. speeding, parking ticket, etc.)? Yes No 15b) Have you or any person in your household ever been investigated for the physical abuse, sexual abuse, neglect, or abandonment of a minor? Yes No Sign & Date Your Application I declare and affirm under penalty of perjury that the information contained in this application is true and accurate to the best of my knowledge. I attest that all documents I am submitting or copies of those documents are free of error and fraud. I further attest that I will abide by the care instructions contained in the Sponsor Care Agreement. I will provide for the physical and mental well being of the minor(s). I will also comply with my state's laws regarding the care of this minor including: • enrolling the minor(s) in school; • providing medical care when needed; • protecting the minor(s) from abuse, neglect, and abandonment; • and any other requirement not herein contained. YOUR SIGNATURE ORR UAC/FRP-3 [Rev. 05/14/2018] OMB 0970-0278 [valid through 10/31/2018] DATE Need Help? Contact your Case Manager. Page 7 of 10 THE PAPERWORK REDUCTION ACT OF 1995 (Pub. L. 104-13) Public reporting burden for this collection of information is estimated to average 0.5 hour per response, including the time for reviewing instructions, gathering and maintaining the data needed, and reviewing the collection of information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Please see the accompanying privacy notice / Privacy Act statement for a discussion of (1) the authority for solicitation of information, and whether disclosure is mandatory or voluntary, (2) the principal purposes for which the information is intended to be used, (3) other routine uses which may be made of the information, and (4) the effects, if any, of not providing all or any part of the requested information. Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 33 of 322 Family Reunification Application Office of Refugee Resettlement Supporting Documents Please provide a copy of the following documents below. If you are unable to provide the documents we ask for, please explain why. We may reject your application if any of the required information is missing, incomplete, or inaccurate. 1) Proof of Identity for you and any household members A copy of a government issued ID. You may present one selection from List A or two or more selections from List B. If you present selections from List B, at least on selection must contain a photograph. Expired documents are acceptable. List A U.S. Passport or U.S. Passport Card Foreign Passport that contains a photograph Permanent Resident Card or Alien Registration Receipt Card (Form I-551) Employment Authorization Document that contains a photograph (Form I-766) U.S. Driver's License or Identification Card List B U.S. Certificate of Naturalization U.S. Military Identification Card Birth Certificate Marriage certificate Court order for name change Foreign national identification card Consular passport renewal receipt that contains a photograph Mexican consular identification card Foreign driver's license that contains a photograph Foreign voter registration card that contains a photograph Canadian border crossing card that contains a photograph Mexican border crossing card that contains a photograph with valid Form I-94 Refugee travel documents that contains a photograph Other similar government documents ORR UAC/FRP-3 [Rev. 05/14/2018] OMB 0970-0278 [valid through 10/31/2018] Need Help? Contact your Case Manager. Page 8 of 10 THE PAPERWORK REDUCTION ACT OF 1995 (Pub. L. 104-13) Public reporting burden for this collection of information is estimated to average 0.5 hour per response, including the time for reviewing instructions, gathering and maintaining the data needed, and reviewing the collection of information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Please see the accompanying privacy notice / Privacy Act statement for a discussion of (1) the authority for solicitation of information, and whether disclosure is mandatory or voluntary, (2) the principal purposes for which the information is intended to be used, (3) other routine uses which may be made of the information, and (4) the effects, if any, of not providing all or any part of the requested information. Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 34 of 322 Family Reunification Application Office of Refugee Resettlement 2) Proof of Minor's Identity A copy of the minor's birth certificate 3) Proof of Relationship Copies of documents to provide proof of a relationship between you and the minor. Expired documents are acceptable. Your Relationship to the Minor Parent Acceptable Documents • Birth certificates • Court records • Parent's government issued photo ID Step-Parent You have legally adopted the minor • • • • • Legal Guardian • Court order documents confirming adoption or legal guardianship has been established • Birth certificates • Legal guardian's government issued photo ID • Guardianship records • Death Certificates • Hospital records Family Member • Birth certificates • Trail of familial birth and/or death certificates showing that you and the minor are related • Marriage certificates • Hospital records • Court records • Guardianship records • Baptismal certificate Birth certificates Parent's government issued photo ID Step-Parent's government issued photo ID Marriage certificate Court order documents confirming adoption or legal guardianship has been established You are not related to Please contact your Case Manager the minor ORR UAC/FRP-3 [Rev. 05/14/2018] OMB 0970-0278 [valid through 10/31/2018] Need Help? Contact your Case Manager. Page 9 of 10 THE PAPERWORK REDUCTION ACT OF 1995 (Pub. L. 104-13) Public reporting burden for this collection of information is estimated to average 0.5 hour per response, including the time for reviewing instructions, gathering and maintaining the data needed, and reviewing the collection of information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Please see the accompanying privacy notice / Privacy Act statement for a discussion of (1) the authority for solicitation of information, and whether disclosure is mandatory or voluntary, (2) the principal purposes for which the information is intended to be used, (3) other routine uses which may be made of the information, and (4) the effects, if any, of not providing all or any part of the requested information. Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 35 of 322 Family Reunification Application Office of Refugee Resettlement 4) Legal Records (if applicable) If you answered “YES” to either question 15(a) or 15(b) on this form, please provide us with the following information for each charge/conviction: • Name of person involved • Place and date of the incident • Explanation of the incident • Disposition of the incident (e.g., charges dropped, fined, imprisoned, probation) • Copy of court record(s), police record(s), and/or governmental social service agency record(s) related to the incident(s) 5) Proof of Address A copy of at least one form of documentation verifying your current address. Acceptable forms of documentation include: • Your current lease with your name, dated within the last two months • Your current mortgage statement with your name, dated within the last two months • Your bank statement dated within the last two months • An official payroll check stub issued by your employer, dated within the last two months • Your valid unexpired State ID with your photograph and your current address • Mail, preferably a utility bill or insurance statement, addressed to you at your current address, dated within the last two months • A notarized letter from your landlord confirming your address and containing your name, the date you moved in, the number of bedrooms, and the expiration date of the lease • Other similar documents reliably indicating that you live at your current address, dated within the last two months ORR UAC/FRP-3 [Rev. 05/14/2018] OMB 0970-0278 [valid through 10/31/2018] Need Help? Contact your Case Manager. Page 10 of 10 THE PAPERWORK REDUCTION ACT OF 1995 (Pub. L. 104-13) Public reporting burden for this collection of information is estimated to average 0.5 hour per response, including the time for reviewing instructions, gathering and maintaining the data needed, and reviewing the collection of information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Please see the accompanying privacy notice / Privacy Act statement for a discussion of (1) the authority for solicitation of information, and whether disclosure is mandatory or voluntary, (2) the principal purposes for which the information is intended to be used, (3) other routine uses which may be made of the information, and (4) the effects, if any, of not providing all or any part of the requested information. Case Document 30 Filed 07/17/18 Page 36 of 322 Exhibit 2 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 37 of 322 21 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 STATE OF WASHINGTON, et al., 10 11 12 NO. 2:18-cv-MJP Plaintiffs, DECLARATION OF ALMA POLETTI MERLO V. DONALD TRUMP in his official capacity as President of the United States, et al., 13 Defendants. 14 15 I, Alma Poletti Merlo, declare as follows: 16 1. I am over the age of 18 and have personal knowledge of all the facts stated herein. 17 2. 1 am an investigator for the Office of the Attorney General of the State of 18 19 Washington, in the Civil Rights Unit (CRU), where I have worked since May 2017. 3. Prior to joining the AGO, I investigated document fraud and human trafficking 20 cases in Paraguay, my native country, for the U.S. State Department. This work involved 21 interviewing victims who had experienced significant trauma and had limited knowledge of 22 Paraguayan and/or United States laws. Many times, the people I interviewed feared that 23 cooperation with my investigation could endanger themselves or their families. I am native 24 Spanish speaker. 25 4. 26 In my time with the AGO's CRU, I have served as the lead investigator on several cases involving vulnerable populations and victims. I have worked directly with sexual DECLARATION OF ALMA POLETTI MERLO 2:18-CV-00939 - MJP 1 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (360) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 38 of 322 I harassment and assault victims in our workplace cases, and conducted interviews with dozens of 2 immigration detainees at the Northwest Detention Center in connection with another lawsuit. 3 5. Between the dates of June 13 and June 18, 2018, I interviewed eight children in 4 the Seattle area who were separated from their parent at the border and placed in Washington 5 State by the Office of Refugee Resettlement. My observations and their accounts are as follows: 6 6. G is 15 years old and originally from El Salvador. In her home country, G was 7 being threatened by a member of a criminal association. Her mother cried when G told her about 8 this person. G and her mother fled to the U.S. They arrived in Texas in early June, 2018. 9 Immigration officials at the border took them to a place G calls "the icebox." 10 7. They told her mother that G would be taken to another place where she would be 11 able to visit her. G and her mother said goodbye to each other while crying, but G's mother 12 comforted her, saying she was going to visit her wherever she was going. Only later did G 13 realize this was not true. As she recounted this moment, G was sobbing and visibly distraught. 14 8. G was taken to a shelter about 15 minutes away, where she was detained for three 15 days. G described this place as awful. It was a room with no windows divided in three by wire 16 fencing that made them look like three cages. 20 girls were detained in each cage. The place 17 was freezing because they kept the air conditioner on all the time, and each child was given a 18 mat and an aluminum blanket to keep themselves warm. The girls placed their mats in the floor 19 very close to one another, since there was not enough space to fit them more comfortably. Girls 20 as young as 3 years old were detained in this place and without their mothers. 21 9. G described an incident where a 4 year old girl was crying and walking towards 22 a female guard seeking comfort. The guard turned her away saying she had no time to lose and 23 the girl was disrupting her work. The older girls attempted to console the girl. 24 25 10. G felt hungry most of the time she was there because the food they provided her wasn't good in quality or quantity. She could not sleep through the night; the guards would wake 26 1 all the girls up at 4 am to count them by kicking on their mats. When G was finally able to fall DECLARATION OF ALMA POLETTI MERLO 2:18-CV-00939 - MJP 2 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 88 (360) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 39 of 322 I back asleep, guards woke the girls up again to feed them. G cried when she told me she kept 2 hoping her mother would show up to take her out of that horrible place, but that never happened. 3 G asked the guards if they knew where and how her mother was, but they told her they knew 4 nothing about her. G overheard a girl asking to make a phone call to her family, but she was 5 told they did not allow girls to make phone calls while detained. 6 11. During these three days, G had no idea where her mother was, or how long she 7 would be detained in that place. On the third day, G was told that since her mother did not show 8 up to pick her up, she was going to be taken to a home. She was taken to the airport, where she 9 flew to Washington State accompanied by two officers. She arrived in Washington State 10 approximately June 4, 2018, and it was a few days later when G was finally able to talk to her I1 mother. She told G she was still detained at the first icebox where Immigrations took her. G 12 again broke down in tears when she explained that her mother reports going hungry at the place 13 they are keeping her. She said her mother is her hero, a brave woman who always worked hard 14 to support her and give her the best she could. G said that no Immigration official has ever asked 15 her why they fled El Salvador. 16 12. V is 17 years old and originally from Guatemala. V came to the United States 17 with her father on or about May 13, 2018. Immigration officials in the United States took V and 18 her father to a house where they took away their belongings. They were then taken to another 19 house about two hours away. At this house they separated V from her father. The separation 20 was hard, V did not want to stay there without her father and cried when they told her they were 21 taking her father to another place. She was crying when they took her father away, and the guards 22 told her to shut up. V said she was detained for about three days in this place without her father. 23 The guards gave her a mat and an aluminum blanket, the place was really cold. They fed her 24 burritos and cookies about three times a day, it wasn't very good food so she didn't eat it most 25 of the time. 26 DECLARATION OF ALMA POLETTI MERLO 2:18-CV-00939 - MJP 3 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite Seattle, WA 98104-3188 (360) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 40 of 322 1 13. There were other 10 or 12 girls detained with V, some as young as 6 or 7 years 2 old. The guards scared the girls saying things like "You will see what will happen next to you 3 girls", frightening them. The guards told the younger girls they would betaken to jail afterwards, 4 which frightened them. There was a female officer who would tell them that was a lie and tried 5 to calm the girls down saying her colleagues were lying. On the fourth day, V was put on a bus 6 and brought to Washington state, arriving here on or about May 16, 2018. It was another 15 7 days before she was able to talk to her father, who she believes is still detained in Arizona. 8 9 10 11 14. As of the time of our interview, V had only been able to speak to her father once, which caused her visible distress. She is worried about her dad being treated well. She is working with a therapist because she has nightmares. 15. On her journey with her father, V got hurt and received deep scratches from 12 thorns in the bushes. At the time of our interview, she still had one thorn deeply lodged in her 13 shoulder that was infected. She reported that she had been given medication for it and received 14 treatment when she arrived to the home where she is currently living. 15 16. A is 15 years old and originally from Guatemala. A said that a man attempted to 16 rape her in her home country, but the Guatemalan police did nothing to find or arrest this person. 17 Her father decided to bring her to the United States. They arrived in Texas in mid-May, 2018. 18 Immigration officers at the border drove them both to an icebox, but they were separated once 19 they arrived and placed into different cells. They never warned them they were going to be 20 separated, so she did not get a chance to say goodbye to her father. 21 17. A was placed in a room with other 12 women and girls. Most of the girls who 22 were there were 17 or 16 years old, but there was one girl about 6 years old who was there 23 without her mother. A was detained at the icebox for three days. She did not like the food she 24 was given. The guards were angry and yelling, which scared her and the other girls. 25 18. A told the officer that interviewed her that she was afraid to go back home because 26 1 of the man that tried to rape her. The guard told her he did not believe her, that she was telling a DECLARATION OF ALMA POLETTI MERLO 2:18-CV-00939 - MJP 4 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (360) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 41 of 322 I bunch of lies. He also told A that her father was going to be sent to jail for a long time, which 2 scared A and left her very worried. A had tears in her eyes and was visibly upset while recounting 3 these events. A was then told her father had been deported so she was going to be taken to a 4 home. After three days of being detained in the icebox, she was escorted in a flight to Washington 5 State where she arrived on or about May 16, 2018. Afterward, she was finally able to contact 6 her family in Guatemala and speak to her father. 7 19. H is 13 years old and originally from Guatemala. She came to the United States 8 with her father around mid-May 2018. Immigration officers took them to a house where another 9 father and three kids were detained. They spent the night at this house and the following morning 10 the officers took her to another house, without her father. They did not let her say goodbye to 11 her father or tell them in advance that they were separating them. H started crying while 12 recounting these events and was unable to continue speaking for some time. 13 20. H reported that the guards threatened the people that they detained with separating 14 them and sending them back home, she overheard them telling others they would be jailed for 15 about 10 or 15 years, which scared her. The younger children were crying. 16 21. H arrived in Washington State on or about May 22, 2018. At the time of our 17 interview, H had not spoken with her father since they were separated. She believes he continues 18 to be detained in the US but she is not sure where he is. She was visibly worried about him and 19 could not talk about her father without breaking in tears. H had a hard time talking during most 20 of the interview, was visibly upset and broke down in tears frequently. 21 22. T is 12 years old and originally from Guatemala. T came to California with his 22 father but he was not sure when, he thinks in early January 2018. They were detained by 23 Immigration officers at the border and taken to a house that was basically a room without a 24 window. T could not tell night from day, so he is not sure how long they spent there. The room 25 was divided in what seemed like halls with low walls that divided them. Two people slept in 26 each hall. He and his father were given a mat and aluminum blankets to cover themselves. DECLARATION OF ALMA POLETTI MERLO 2:18-CV-00939 - MJP 5 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (360)464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 42 of 322 1 23. When they woke up, immigration officials told T to say goodbye to his father, 2 and that his father was going to another place. T said this moment was sad, both cried, hugged 3 and said goodbye. T was then taken to another house where he was hungry most of the time. 4 He thinks he was detained at this house for two more days. He was sad because his father was 5 not there and he felt lonely. After those two days they flew him to Washington State where he 6 was able to speak to his family in Guatemala and to his father, who had been deported. 7 24. M is 13 years old and originally from Honduras. M came to the United States 8 with her father in early June 2018. They encountered Immigration officers at the border, who 9 took her backpack away and drove them both to the icebox. When they arrived the officers 10 separated her from her father, she went to a room where only women were detained. They told 11 her she was going to see him afterwards, but she never saw him again. M had tears in her eyes 12 while recounting this part of the story, and said she misses her father and was scared when this 13 happened. 14 25. M described the icebox as a very cold room with one window facing the offices, 15 so they could not see outside the room. The air conditioner was always on. They gave the girls 16 aluminum blankets to cover themselves. They fed her apples, cookies, chips and tacos. She was 17 hungry sometimes. She was afraid because her father was no longer with her. After a while, she 18 was taken to a second place, where people were separated in areas divided by wire fencing. M 19 said some of the guards were mean to people, they scolded them and told them "we are in charge 20 of this place, not you". It was only after she arrived in Washington State at the home where she 21 is now living that she was able to speak with her dad. Her dad is still at the icebox in Texas and 22 as of our interview, she had only spoken to him once. 23 26. D is 14 years old and originally from Guatemala. D came to Arizona with his 24 father about four months ago, but he is not sure when. Immigration officers at the border took 25 them to a house where they fed them a tamale and juice. The guards threw away their belongings, 26 and left them with the clothes they were wearing. Right after this, they moved both of them to DECLARATION OF ALMA POLETTI MERLO 2:18-CV-00939 - MJP 6 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (360) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 43 of 322 I another house where he was able to sleep with his father. They gave him a thin mat and an 2 aluminum blanket. The next day, Immigration officials moved them both to a different house 3 where he spent half a day with his father. 4 27. The following day, Immigration officials told D's father that they were going to 5 send D to a program where if he behaved well he was going to be able to stay in the United 6 States. D was sad and upset; he did not want to leave his father. D was taken to a home in 7 Arizona where he lived for a while. Weeks passed during which D had no information or contact 8 with his father. He was then transferred to the home where he lives now in Renton, WA, several 9 weeks ago. 10 28. D believes his father is still detained in Arizona. At the time of our interview, D 11 had been able to speak to his father only once. He would like to speak to him again, he wants to 12 know how he is doing, what food he is getting, and if they have given him clothes. D got 13 emotional while talking about his worries about his father, he was visibly affected by it. 14 29. MN is 15 years old and originally from Guatemala. He came to the United States 15 in January 2018 with his father. Immigration officials at the border took them to a house where 16 he spent two days with his father. Afterwards, they told MN his father was going to be deported, 17 so they had to move MN to another place. MN and his dad said goodbye, but officials never told 18 him or his dad where they were taking MN. MN said he was sad to leave without his father. 19 30. MN was taken to a place that he described as very cold, there were no mats or 20 blankets to rest and keep him warm. After a day he was sent to another location where they gave 21 him a mat and blankets. The food was not much, and MN was hungry. After a day or two, MN 22 was moved to a home he thinks is located in Arizona, where he was able to speak to his mother 23 in Guatemala. 24 31. MN was only able to speak to his father afterwards, when he learned that his 25 father had spent 22 days in jail and was deported without MN. MN was reluctant to speak much 26 about his father, in my observation he appeared very concerned about his father's well-being. DECLARATION OF ALMA POLETTI MERLO 2:18-CV-00939 - MJP 7 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 88 Seattle, WA 98104-3188 (360)464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 44 of 322 1 32. At the time of our interview, MN was in a home in Tacoma. He had been treated 2 by a dentist in Arizona who had filled a cavity, but he did not do a good job. The filling did not 3 last, and his tooth began hurting again. The day of our interview, his tooth hurt so much that 4 MN had not been able to eat that day. MN wants to be reunited with his parents and siblings. 5 He has asked for voluntary departure but has been told that he must wait 2 or 3 more months to 6 have a hearing with a Judge before he can see his family. In the meantime, MN says that time 7 goes by very slowly and that he misses his family very much. 8 33. Some of the other children I interviewed at the homes mentioned that when they 9 were being transferred from a home in one State to the one they are now living in Washington 10 state, they were told they were going to be reunited with family or that they were going to a 11 better and bigger home. They expressed anger and feeling deceived when, after their flight 12 landed in Washington, they realized they were brought to another facility and that reunification 13 was not actually planned. 14 34. On June 20th, 2018, I went with five colleagues from the Attorney General's 15 Office to visit the Federal Detention Center (FDC) located in SeaTac. We were received by 16 FDC's Warden and other authorities who took us first to a pod of detained women identified as 17 pod FC. The women who were detained in that pod gathered in the common area to speak to us. 18 35. We asked if any of the women there were mothers who had been separated from 19 their children at the border. The women told us there had been more than 10 mothers in the pod 20 that were separated from their children at the border, but that ICE had moved them out of the 21 FDC the day of our planned visit. When asked where they were moved to, some said that ICE 22 told the mothers they were going to be reunited with their children. They provided us a list of 23 names of some of the mothers that were moved that morning. 24 36. 25 26 Only two mothers who were separated from their children at the border remained in that pod. I conducted a more detailed interview with one of those mothers. She cried and had 1 tears in her eyes from the beginning to the end of the interview. She has a 14 year old daughter DECLARATION OF ALMA POLETTI MERLO 2:18-CV-00939 - MJP 8 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (360) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 45 of 322 I from whom she was separated at the border over a month ago. As of the day I interviewed her, 2 she had not been able to speak to her daughter and was deeply concerned about her wellbeing. 3 37. When we finished with these two interviews, we were taken to women's pod FB. 4 Similarly to the previous pod, the women gathered in the common area and told us that 13 or 15 5 women who had been separated from their children at the border had been moved out of the FDC 6 that morning. They also provided us with names of some of the mothers that were moved that 7 morning. 8 38. A few days after our visit to the FDC, I looked up the names of the mothers that 9 were moved out of the FDC the morning of our visit, using the ICE detainee locator website and 10 Access Corrections website, and found out that most of those mothers are now detained in the 11 Tacoma Northwest Detention Center. 12 39. Some of the women who were detained in pod FB told us about the poor treatment 13 they received while being detained by ICE at the border. They were detained in places they 14 called "hieleras" (iceboxes) because it was freezing in there. The floor was wet with water. The 15 detainees knew their personal belongings were stored somewhere there by ICE, so they requested 16 to get their coats back not to freeze in the iceboxes, but they wouldn't give them back to them. 17 She said that they were only fed two tacos in the whole day. They gave them water with ice to 18 drink, which was awful considering they were already freezing. They would sometimes provide 19 them aluminum foil blankets. The women weren't allowed to shower, and the guards would 20 make fun of them, telling them they stank. 21 40. Some of the women described how when they were taken to the airport in Laredo 22 to wait for their flight to Seattle, they were detained in a small room from about 6 pm until early 23 morning. They weren't able to sleep because there wasn't enough room for them to lay down. 24 They were hungry the whole night because they weren't given any food. They also said they 25 were disgusted when they were given used stained underwear to wear. 26 DECLARATION OF ALMA POLETTI MERLO 2:18-CV-00939 - MJP 9 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 88 (360) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 46 of 322 1 41. The last pod they took us to visit was pod FA. FDC's officers warned us there 2 had been a case of chicken pox in that pod, so they were on quarantine. There were at least 7 3 women in this last pod who stated they had been separated from their children at the border. I 4 conducted a more detailed interview of one of these women. My team was able to interview 5 some of the other women. The woman I spoke with had come to the U.S. with her 11-year-old 6 only child, whom she hasn't heard from in over a month. The woman trembled while telling me 7 she ran away from Honduras because she was being threatened after witnessing a murder. She 8 couldn't contain her tears during the interview while talking about her son, who she is very 9 concerned about. 10 I declare under penalty of perjury under the laws of the State of Washington and the 11 United States of America that the foregoing is true and correct. 12 DATED this 2nd day of July, 2018 at Seattle, Washington. 13 14 (i ~,~ Ct~- - Alma Po etti Merlo 15 16 17 18 19 20 21 22 23 24 25 26 DECLARATION OF ALMA POLETTI MERLO 2:18-CV-00939 - MJP 10 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (360) 464-7744 Case Document 30 Filed 07/17/18 Page 47 of 322 Exhibit 3 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 48 of 322 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 STATE OF WASHINGTON, et al., 10 11 12 13 NO. 2:18-cv-00939 - MJP Plaintiffs, DECLARATION OF NICOLE ELIZABETH RAMOS v. DONALD TRUMP in his official capacity as President of the United States, et al., Defendants. 14 15 I, Nicole Elizabeth Ramos, declare as follows: 16 1. I am a U.S. licensed attorney practicing in the area of immigration law and human 17 rights. I am barred by the State of New York, and I am a former Assistant Federal Public 18 Defender. 19 2. I am over the age of 18 and have personal knowledge of all the facts stated herein. At present, I serve as the Project Director for the Border Rights Project of Al Otro 20 Lado, a nonprofit organization based in Los Angeles. The Border Rights Project provides pro 21 bono representation and know-your-rights education to refugees in Tijuana. As part of this 22 representation, I accompany asylum seekers who wish to present themselves to Customs and 23 Border Protection (CBP) officers at the San Ysidro port-of-entry (POE), and represent them at 24 their credible fear interviews before the Asylum Office. In addition, I work with asylum seekers 25 26 DECLARATION OF NICOLE ELIZABETH RAMOS 2:18-CV-00939 - MJP 1 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 206-464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 49 of 322 1 and other community advocates to document human rights violations by both U.S. and Mexican 2 immigration authorities against asylum seekers. 3 3. In my experience, refugees seeking asylum at the POE near Tijuana face a 4 widespread practice of CBP officers who refuse to allow them to access the legal process for 5 asylum. In December 2015, I first began accompanying asylum seekers to the port-of-entry. 6 Since that time, I have accompanied hundreds of asylum seekers to the port-of-entry over the 7 course of dozens of different occasions. In addition, I also served as an organizing member of 8 the legal team for five group presentations of asylum seekers from May 2017-May 2018, at the 9 San Ysidro POE. Of those asylum seekers dozens had been previously turned away by CBP 10 11 when they arrived at the port-of-entry to seek asylum. 4. With the exception of the large group presentations of asylum seekers, which 12 were executed with the accompaniment of significant media attention, I have frequently 13 observed CBP officers attempting to prevent asylum seekers from accessing the asylum process 14 in violation of their obligations under Title 8 United States Code, Section 1225 and the 1951 15 Refugee Convention. The following are some examples of the obstacles that I have witnessed 16 for asylum seekers attempting to present themselves at a POE in the last several years. These 17 accounts are not comprehensive, but they are illustrative of the barriers that asylum seekers 18 encounter here. 19 5. For example, on December 23, 2015, I accompanied a Salvadoran family, ABC 20 and his three minor children to the San Ysidro POE. ABC fled El Salvador because of death 21 threats and attempts on both his life, and the life of his then 16-year-old son. ABC was a 22 testifying witness against one of the gangs during the investigation of his coworker’s murder. 23 His teenage son experienced three attempts on his life for refusing to disclose his father’s 24 whereabouts, and refusing to join the gang. These attempts included being stabbed and 25 26 DECLARATION OF NICOLE ELIZABETH RAMOS 2:18-CV-00939 - MJP 2 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 206-464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 50 of 322 1 kidnapped, being shot as he rolled down a hillside after throwing himself off in an effort to 2 escape, and being beaten unconscious and left to die in the street. 3 6. Upon approaching the POE, I spoke with a CBP officer, indicating that ABC and 4 his family wished to seek asylum. The CBP officer told me that the family could not apply for 5 asylum at the POE, and they had to apply at the consulate. I informed the CBP officer that this 6 was not correct, and that inside the POE there was a line to the far left where asylum seekers 7 lined up, waiting to be processed by officials. 8 7. The CBP officer then asked me whether I was an attorney. I informed him that I 9 was indeed an attorney. He then inquired whether I was a U.S. licensed attorney or a Mexican 10 attorney. Only when I informed him that I was a U.S. licensed attorney did he allow us to pass 11 through the gate into the building of the POE. 12 8. During ABC’s processing by CBP, he reported that officers insisted that he 13 disclose the whereabouts of his children’s mother, which he was unable to do. Despite these 14 explanations, CBP officers threatened ABC and told him that if he did not disclose the location 15 of his children’s mother, that his children would wind up in foster care because he would remain 16 detained. 17 9. On or around December 28, 2015, I accompanied DE, a Honduran mother, and 18 her small child to the San Ysidro POE. DE was also then-pregnant with another child. DE fled 19 Honduras because of brutal domestic violence at the hands of her cartel-connected long-time 20 partner. In addition to subjecting her to years of brutal violence, he also attempted to have her 21 killed by other members of his organization who once pushed her into oncoming traffic. 22 10. After arriving to the POE, I approached a CBP officer and explained that I was 23 an attorney, and DE wished to apply for asylum. He stated that he was not sure whether she 24 could do that at the POE, and I explained that she could. He then allowed us to pass the gate into 25 the building of the POE. 26 DECLARATION OF NICOLE ELIZABETH RAMOS 2:18-CV-00939 - MJP 3 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 206-464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 51 of 322 1 11. On February 18, 2016, I accompanied FG, a 15 year old child, to the POE. FG 2 fled El Salvador alone after being threatened several times with death for refusing to join the 3 local clique and help MS-13. FG never knew his father, was abandoned by his mother, and left 4 to live with a grandparent at a very young age. FG was referred to me by Uriel Gonzalez, the 5 director of the Casa YMCA, a shelter for migrant youth in Tijuana. The basis for this referral 6 was because FG had previously tried to turn himself in to CBP on two separate occasions, at 7 both the San Ysidro and Otay POEs and had been turned away and advised that he had to apply 8 for asylum at the local consulate or at the U.S. embassy in El Salvador. 9 12. I approached a CBP officer with FG and explained that he was an unaccompanied 10 child from El Salvador, and that he was there to present himself for asylum. The CBP officer 11 advised that FG would have to apply for asylum at the consulate. I explained to the CBP officer 12 that I had already brought asylum seekers to the POE before to present themselves, and that I 13 already knew where FG was to wait for a CBP officer to process him. 14 13. The CBP officer asked whether I was an attorney, and I explained that I was an 15 attorney. He then asked whether FG had a completed asylum application. I advised the officer 16 that we did have a completed I-589. Only after this did he allow us to pass the gate into the 17 building of the POE. 18 14. On March 17, 2016, I accompanied HI, a Mexican transgender woman to the POE 19 to present herself as an asylum seeker. HI suffers from severe PTSD and a seizure disorder, is 20 the survivor of multiple sexual assaults and domestic violence, and was once a victim of human 21 trafficking. After advising the CBP officer on arrival that HI intended to apply for asylum, we 22 were permitted to pass through the gate to the POE building. I left HI standing in the line with 23 other asylum seekers and assumed that she would be processed several hours later. However, HI 24 was not processed until approximately 36 hours later, during 30 of which HI and other asylum 25 26 DECLARATION OF NICOLE ELIZABETH RAMOS 2:18-CV-00939 - MJP 4 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 206-464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 52 of 322 1 seekers had not been fed. Throughout HI’s entire encounter in the POE she was subject to verbal 2 degradation and abusive language by CBP officers. 3 15. At the end of May 2016, Tijuana experienced a significant increase in its refugee 4 population, with hundreds of people arriving overnight. This sudden spike in asylum seekers 5 included refugees from countries not typically seen in large numbers at that POE, including Haiti, 6 Sierra Leone, Congo, Cameroon, Bangladesh, Armenia, Ukraine, and Russia, in addition to 7 asylum seekers from southern Mexico and the Northern Triangle. In the weeks following, U.S. 8 and Mexican authorities developed an ad hoc plan to have asylum seekers first “process through 9 the shelters.” This required all asylum seekers to first go to one of the four main migrant shelters 10 in the city, even if they had never been to one, and give their name to be placed on a wait list. 11 Each day Grupo Beta, an arm of Mexican immigration authorities, would ferry asylum seekers 12 to the border in groups, with numerical limits, for processing by CBP. 13 16. On June 20, 2016, I contacted Casa Migrante, a migrant shelter in Tijuana, to 14 arrange for housing for a Mexican female asylum seeker JK and her daughter. My reason for 15 contacting the shelter, instead of simply accompanying JK and her daughter to the POE was 16 because I was advised by Ms. Viruete, the staff attorney at Casa Migrante, that all asylum seekers 17 had to process through the shelter system, regardless of nationality. 18 17. Ms. Viruete advised that asylum seekers would be placed on a waiting list, and 19 then taken down to the POE in groups, by Grupo Beta, in order to be processed by CBP. She 20 further advised that these instructions had come to all the shelters housing migrants, and were 21 the result of meetings between CBP officials and Mexican immigration officials after hundreds 22 of asylum seekers arrived at the POE and had been waiting to be processed for several days, 23 creating a humanitarian crisis. 24 25 26 18. On June 21, 2016, I met my client at Casa Migrante. After escorting her to the room she would be sharing with other families, I made sure that JK was placed on the “list.” On DECLARATION OF NICOLE ELIZABETH RAMOS 2:18-CV-00939 - MJP 5 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 206-464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 53 of 322 1 June 22, 2016, JK was brought down to the POE and processed by CBP officers. During JK’s 2 processing she was subject to verbal degradation and abuse. Even though JK explained that she 3 was the survivor of a sexual assault, the victim of an international criminal organization, and a 4 material witness for an ongoing FBI investigation (and even possessed a copy of the investigating 5 FBI agent’s business card) she was told by CBP officers that she was “full of shit” and a liar. 6 After telling her story to one officer, he told JK “no mames,” which, in Mexico, is a vulgar way 7 of saying “stop kidding”. I reported JK’s terrible treatment to the FBI victim services 8 coordinator. 9 19. The system of asylum seekers processing through the shelters was abandoned in 10 the summer of 2016 in favor of a new ticket system. Specifically, CBP officers began directing 11 asylum seekers to obtain a “ticket” from Grupo Beta, in order to seek asylum in the United States. 12 By obtaining a “ticket,” asylum seekers would be given a date, at some time in the future, when 13 the asylum seeker could return to the POE to be processed by U.S. immigration authorities. 14 20. During this time, construction began at the San Ysidro POE and all asylum seeker 15 processing shifted to the new Pedwest POE. At that time, CBP began refusing to process asylum 16 seekers who showed up at the two other POEs in Tijuana - the old San Ysidro POE and the Otay 17 POE. I am not aware of any legal basis for CBP to limit the processing of asylum seekers to one 18 POE, particularly since for some asylum seekers, any delay in entering U.S. custody could mean 19 the difference of life or death. 20 21. On August 4, 2016, I accompanied four Guatemalan youth (LM, NO, PQ, RS) to 21 the Pedwest POE. On or about July 20, 2016, they attempted to turn themselves in to CBP 22 officers at both the Otay and San Ysidro POEs, but were denied. Two were under the age of 18 23 years old. 24 25 26 22. I first attempted to present these youths to CBP officers at the San Ysidro POE. I was advised by Supervisor Abts that all asylum seekers must first obtain a ticket from Mexican DECLARATION OF NICOLE ELIZABETH RAMOS 2:18-CV-00939 - MJP 6 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 206-464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 54 of 322 1 immigration in order to be seen by CBP officers, even unaccompanied minors. He further 2 advised that processing of asylum seekers was only occurring at the Pedwest POE, a 15 minute 3 walk from the San Ysidro POE, and a nearly 30 minute drive from the Otay POE. 4 23. At Pedwest POE, I approached CBP Officer Saucedo and advised him that I was 5 an attorney, and that I was presenting unaccompanied minor asylum seekers. Officer Saucedo 6 advised that all asylum seekers, regardless of age, had to obtain a ticket from Mexican 7 immigration authorities, and could not be processed right at that time. I explained that under the 8 Trafficking Victim’s Protection Act, there were specific protocol for processing unaccompanied 9 minors, and that CBP had an obligation to process these asylum seekers in accordance with those 10 regulations. I then requested to speak with a supervisor. A female supervisor arrived, and after 11 explaining the situation to her, she advised Officer Saucedo that unaccompanied minors were 12 not subject to the ticket system, and accepted the children for processing. 13 24. On August 23, 2016, I held a mini-legal clinic at the office space of the 14 community organization Deported Mothers in Action. There I interviewed two young women 15 from Guatemala. Both were fleeing extortion threats by the gangs in their city. They had 16 attempted to enter the U.S. without inspection, through the mounts, approximately two weeks 17 prior. They were apprehended by CBP, whom they told that they feared return to Guatemala, 18 and their intention to seek asylum. However, neither woman was referred for a credible fear 19 interview. Rather both reported being physically manhandled by CBP officers, and literally 20 tossed back over the fence. One of the women showed me bruises and cuts on her legs from the 21 fall. Neither woman wished to try to seek asylum in the U.S. again after this treatment. Both 22 appeared very afraid. 23 25. On September 17, 2016, I accompanied VW, a Mexican woman, and her minor 24 child, to the Pedwest POE. I approached the CBP officer and explained that my client was a 25 Mexican citizen, and that I would not have her ask Mexican immigration authorities for 26 DECLARATION OF NICOLE ELIZABETH RAMOS 2:18-CV-00939 - MJP 7 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 206-464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 55 of 322 1 permission to apply for asylum in the United States. The CBP officer allowed my client to pass 2 through into the building of the POE. 3 26. As I turned to leave the POE, I could see some adult men, and male children lying 4 on the floor outside the gate. I approached them and asked what they were all doing there. It was 5 at this time that members of the group advised me that they were trying to apply for asylum but 6 that no one would talk to them. I immediately inquired of the CBP officer what was going to be 7 done about the people waiting to seek asylum. I was advised that if the men were Mexican, they 8 could stand in the regular pedestrian lane, and wait to be processed. However, if the individuals 9 waiting were from another country, that they would first have to obtain a ticket from Mexican 10 11 immigration authorities. 27. I then advised the group, which was for the most part Mexican citizens, to get in 12 the pedestrian line and to advise the CBP officer that they wished to seek asylum and wanted a 13 credible fear interview with an asylum office. Two members of the group waiting were from El 14 Salvador. I learned that they were cousins, and one was an unaccompanied minor, and the other 15 was only 18 years old. Concerned for their safety, I explained to the boys that I was an 16 immigration attorney, and if they wished, I would help them for free, and take them to a shelter 17 for migrant youth where they would be safe. They agreed, and from there I drove XY and ZA to 18 Casa YMCA. 19 28. The boys advised that they had been waiting at the POE for a few hours. They 20 explained that they initially lined up with the other pedestrians and walked through the first gate 21 into the POE without being stopped by a CBP officer. However prior to presenting for admission, 22 the boys were approached by a CBP officer who asked for their documents. The boys explained 23 that they were there to apply for asylum because they faced death threats in El Salvador. Both 24 boys reported that the CBP officer told them that they could not apply for asylum right there, 25 that they had to be put on a list. The boys were advised to go back out the gate of the POE and 26 DECLARATION OF NICOLE ELIZABETH RAMOS 2:18-CV-00939 - MJP 8 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 206-464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 56 of 322 1 wait there until someone came out to speak to them. The boys reported waiting there for almost 2 three hours without any CBP officer acknowledging their existence, despite them laying there in 3 plain view for hours in the hot sun. 4 29. On October 28, 2016, I spoke on a panel at a binational border rights conference 5 at Colegio de la Frontera in Tijuana. This conference was organized by the Los Angeles County 6 Bar Association. At that conference, Assistant CBP Port Director, Nancy Carrillo, spoke about 7 several matters, and fielded questions from the audience. During this meeting AD Carrillo 8 addressed the “metering” system in Mexico, through which asylum seekers obtained a ticket 9 from Mexican immigration authorities, and unequivocally stated that CBP did not have any 10 11 involvement with the ticketing system. 30. During the question and answer session of AD Carrillo’s presentation, I raised 12 the issue of CBP officers turning away unaccompanied minors, advising them to obtain tickets 13 from Mexican immigration, in violation of the Trafficking Victims Protection Act. Following 14 her talk, I approached her personally to advise her that I had serious concerns regarding human 15 rights violations occurring in the POE, and that I had collected significant data on this issue. I 16 advised her that I could send her this information in writing. She declined to receive such 17 document, and suggested I provide information through a “working group in San Diego.” The 18 gentleman standing next to her, who was also a higher-level official with CBP at the San Ysidro 19 POE (one of two other CBP officers in addition to AD Carrillo in attendance) advised me in 20 passing that he recognized my name “from a lot of paperwork” that I had been filing. 21 31. On November 15, 2016, I accompanied a Honduran family to the Pedwest POE. 22 The family consisted of three adults (two parents, and a grandmother), FG, HIJ, KL, and FG and 23 HIJ’s three minor children. KL is a senior citizen and mentally ill. The family fled Honduras due 24 to death threats by a gang who had kidnapped and held HIJ hostage for ransom for a week before 25 26 DECLARATION OF NICOLE ELIZABETH RAMOS 2:18-CV-00939 - MJP 9 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 206-464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 57 of 322 1 her escape. The family fled out the back door of their home just as the gang had arrived in front 2 of their house, with cans of gasoline to burn the family alive inside their home 3 32. At the POE, I spoke with a CBP officer and explained that this family was there 4 to present themselves as asylum seekers. Upon hearing my explanation, the CBP officer at the 5 gate advised that the family would first have to seek a ticket from Mexican immigration, and 6 they could not apply for asylum at that time. I requested to speak with a supervisor. A CBP 7 supervisor then came out to speak with me, and I advised the supervisor that the family was 8 seeking asylum. The CBP supervisor also advised me, as did the officer before; that this family 9 would first need to speak with Mexican immigration authorities and obtain a ticket before they 10 would be permitted to seek asylum from U.S. immigration authorities. I explained to the 11 supervisor that the ticket system was not designed to handle any other nationalities outside the 12 influx of Haitian migrants, and that Mexico was not dispensing tickets to individuals without the 13 appropriate voluntary departure documents, a particular document given to Haitian migrants at 14 the southern border of Mexico. There was back-and-forth discussion with the supervisor before 15 it was finally agreed that CBP would accept this family for processing. 16 33. On December 10, 2016, I organized a legal clinic to work with asylum seekers 17 who had been identified by local migrant shelters and human rights observers as having been 18 illegally turned away by CBP. At this clinic, volunteer attorneys worked with 8 people: two 19 brothers from El Salvador KL and MN; a Salvadoran couple, OP and her husband QR, and their 20 8 month old baby; a single man from Belize ST; UV, a man from Colombia; and XY, a former 21 policeman from Guatemala. All of these asylum seekers had attempted to present themselves 22 multiple times at the Pedwest POE. All of these asylum seekers were told by CBP that they first 23 had to obtain a ticket from Mexican immigration authorities. 24 25 26 34. On December 21, 2016, I accompanied UV, a cognitively disabled Mexican man, to the Pedwest POE. I was contacted regarding UV by his attorney, Nancy Alexander, in the DECLARATION OF NICOLE ELIZABETH RAMOS 2:18-CV-00939 - MJP 10 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 206-464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 58 of 322 1 United States. UV was involved in removal proceedings, was pursuing asylum relief, and had 2 been designated as eligible for Franco-Gonzalez protections by the Immigration Court. UV had 3 wandered into Mexico by accident, and had come to be interned and held against his will in a 4 rehabilitation center. UV had no recollection how he had been committed to this facility, as he 5 does not have a substance abuse problem. After securing UV’s release from the facility, I 6 presented UV to CBP officers at the Pedwest POE. Once again, I spoke with a CBP officer, 7 advising him that UV was a mentally challenged asylum seeker already involved in proceedings 8 in the U.S. I further advised the officer that we had with us court orders from the Immigration 9 Court stating that UV was mentally incompetent, had appointed counsel, and had a hearing date 10 11 in March 2017. A supervisor was called to come speak with us. 35. A few minutes later, Supervisor Wong approached with approximately four other 12 CBP officers. Supervisor Wong asked why we were at the POE, and I explained to him the same 13 information that I had explained to the previous officer. It was then that Supervisor Wong 14 advised that I was “not in court of law,” and that I had no right to present evidence. He further 15 inquired whether I was a member of the American Immigration Lawyers’ Association (AILA), 16 to which I responded that I was not in fact a member. Supervisor Wong explained that CBP and 17 AILA had been having meetings in which “the new policy” had been explained. However, when 18 pressed to discuss what that new policy was, Supervisor Wong merely stated that if I was a 19 member of AILA that I would know the policy. I inquired whether he was referring to the system 20 by which CBP officers were refusing to process asylum seekers without them first obtaining a 21 ticket from Mexican immigration authorities. Supervisor Wong advised that CBP had no 22 involvement in that system and that was not the process to which he was referring, without ever 23 clarifying the procedures asylum seekers were now to follow. 24 25 26 36. As a Mexican asylum seeker, UV was not even subject to the ticket system. When Supervisor Wong approached us with four other CBP officers in tow, seemingly in a display of DECLARATION OF NICOLE ELIZABETH RAMOS 2:18-CV-00939 - MJP 11 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 206-464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 59 of 322 1 official intimidation, my client immediately became very afraid as he has impaired cognitive 2 functioning mimicking that of a child. I advised Supervisor Wong that I was aware CBP would 3 not make a final decision on asylum, but that certainly asylum seekers could enter the POE and 4 present themselves as asylum seekers, as I had been accompanying asylum seekers to the POE 5 for a year. It was then that Supervisor Wong looked at me and stated “we know who you are, 6 and what you do.” It became clear to me then that CBP’s responses to me would become more 7 personal and retaliatory as I continued to accompany asylum seekers and demand they be 8 afforded access to the asylum seeker process as laid out in federal law. 9 37. On December 28, 2016, and on January 4, 2017, I accompanied Attorney Tatyana 10 Edwards to the Pedwest POE with her clients. On each occasion, we accompanied families from 11 the Uzbek Republic, consisting of two parents and two children in each family. On each 12 occasion, upon arriving at the POE, I explained to the front line CBP officer that I was an 13 attorney, there with an asylum seekers and their attorney. On each occasion, the front line CBP 14 officer advised that the family would first have to seek a ticket from Grupo Beta. On each 15 occasion, I requested to speak with a supervisor. On each occasion, after speaking with the 16 supervisor, we were asked whether the asylum seekers had brought with them immigration form 17 G-28 (Notice of Attorney Representation), despite there being no requirement for an asylum 18 seeker to be represented by an attorney to present themselves at the POE. After explaining to 19 each supervisor that these families would be denied the ticket by Grupo Beta because they did 20 not have the appropriate entry or exit documents for Mexico, the asylum seekers were permitted 21 to enter the POE and referred for a credible fear interview. 22 38. On January 3, 2017, I accompanied WX to the Pedwest POE, along with her three 23 minor children and her nephew. I approached the CBP officer at the front gate and advised that 24 I had a family of Mexican asylum seekers. A supervisor then came out to take the family for 25 26 DECLARATION OF NICOLE ELIZABETH RAMOS 2:18-CV-00939 - MJP 12 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 206-464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 60 of 322 1 processing. I provided the supervisor with the family’s turn-in packets, which clearly stated that 2 they were seeking asylum, and wished to have a credible fear interview with an asylum officer. 3 39. While waiting for the supervisor to arrive, I observed a CBP officer speaking with 4 a woman clutching papers who appeared to be crying. I then saw the woman walk away. I waved 5 to my paralegal and legal assistant waiting nearby so that they could intercept the woman, and 6 ask if she needed help. Upon leaving the POE, I spoke briefly with this woman, also a female 7 Mexican asylum seeker whose husband had been killed. She explained that the CBP officer at 8 the gate had advised her that Mexicans were no longer getting asylum and that if she persisted 9 in her claim the only result would be that she would be detained for a long time, and deported 10 11 anyway. 40. Within less than 24 hours, WX and her children were deported. She had no idea 12 where her nephew had been transferred, or whether he would be deported as well. WX contacted 13 me from the office of Mexican Immigration at the Pedwest POE to advise me she was in the 14 process of completing repatriation paperwork. I traveled to the POE and spoke with WX 15 regarding what had transpired. She advised me that CBP officers berated her for several hours, 16 before forcing her to recant her fear of return to Mexico on video. She made repeated requests 17 for counsel which were ignored. Indeed, she was advised that if counsel cared about WX then 18 counsel should have been there (despite the fact that CBP prohibits attorneys’ presence during 19 asylum seeker processing). 20 41. WX stated that CBP officers informed her that Mexicans did not qualify for 21 asylum, that the practice of accepting Mexican asylum seekers “had ended five years ago.” CBP 22 officers advised WX that if she did not agree to state that she was not afraid on video, she would 23 be banned from the U.S. for life, and never be able to fix her status. She was advised to return to 24 Mexico and apply for a visa. WX reported feeling emotionally beaten down by the CBP officers, 25 such that she felt like the only choice she had to make them stop berating her would be to do 26 DECLARATION OF NICOLE ELIZABETH RAMOS 2:18-CV-00939 - MJP 13 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 206-464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 61 of 322 1 what they were demanding of her. After hearing WX’s account, I brought her back to the POE 2 and requested to speak to a supervisor, advising the front line CBP officer that WX was an 3 asylum seeker who I had brought to the POE the day before, and who had been pressured by 4 CBP officers to recant her fear of return on video. I demanded that she be reprocessed and 5 referred for a credible fear interview. Supervisor Schneider arrived, and I explained the same to 6 her, that WX had been coerced by CBP officers into recanting her fear on video, and that I 7 expected her to be processed and referred for a credible fear interview in accordance with the 8 agency’s obligations under the law. WX was then taken back for processing by Supervisor 9 Schneider. 10 42. On January 20, 2017, I accompanied four asylum seekers to the Pedwest POE, 11 asylum seekers from El Salvador, 16-year-old, YZ and AB, his father, as well as YZ’s 18 year 12 old cousin CD. This family had fled El Salvador because of threats against their lives by the 13 gang MS13. CD continued to face attempts on his life by MS members sent to hunt him because 14 of his status as the last remaining witness to his sister’s kidnapping. Within a week, her body 15 was found, and since that time all other remaining witnesses had been killed, leaving only CD 16 remaining. In addition, all three Salvadoran asylum seekers had survived a kidnapping in 17 Chiapas, where they were held hostage in a house for one month, with approximately 30 other 18 migrants, and were regularly starved, deprived of sleep, and beaten with fists and objects. 19 43. On this same date, I presented EF at the POE. EF is 20 year old Mexican woman 20 with a gender-based asylum claim. EF’s asylum claim was based on a similar nucleus of facts as 21 that of her mother, who had received a grant of withholding of removal by an immigration court. 22 Within 24 hours, I received a call from EF stating that she had been deported back to Mexico. I 23 immediately went to the POE and interviewed EF regarding what happened. I later memorialized 24 that interview by producing a video declaration of EF describing what CBP officers had done to 25 her. Specifically, EF reported that CBP officers told her she did not qualify for asylum, that she 26 DECLARATION OF NICOLE ELIZABETH RAMOS 2:18-CV-00939 - MJP 14 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 206-464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 62 of 322 1 did not meet the requirements for “one of the six categories.” She was told by CBP officers that 2 Mexicans did not qualify for asylum. When EF tried to explain to CBP officers that she had an 3 attorney, and she wanted an asylum interview, she was told that if her attorney really cared about 4 EF then she would be present, but since EFs attorney was not present, they would proceed 5 without her. EF was further advised she had no right to an attorney, and that she had no other 6 choice but to recant her fear on video. It took a few takes for EF to be able to state on camera 7 what the CBP officers wanted her to say, i.e. that she no longer feared return to Mexico. 8 44. After completing EF’s video declaration, I returned with her to the POE, and 9 advised the front line CBP officer that I needed to speak with a supervisor. Shortly thereafter, 10 the chief on shift for the POE on January 21, 2017, came striding over demanding to know the 11 nature of my complaint. It was apparent from the outset that the chief was hostile to my presence 12 with my client. I explained to the shift chief, a tall African American gentleman, what had 13 happened, and demanded that EF be reprocessed, and referred for a credible fear interview with 14 an asylum officer. The shift chief became visibly agitated, and warned me that I had no right to 15 be there presenting clients, that they had to present themselves. I advised him that my presence 16 would not be necessary if the agency would comply with its existing legal obligations with 17 respect to processing of asylum seekers. I advised the shift supervisor that the violations against 18 asylum seekers have already been documented by journalists, including the Washington Post, 19 and that if CBP officers continued to violate the law, I would continue to ensure that these 20 violations were reported. The shift supervisor again told me that I had no right to be presenting 21 asylum seekers, before taking EF back for processing. 22 45. I have interviewed dozens of other Mexican asylum seeking families who have 23 also been forced to recant their fear of return under similar circumstances on video. All reported 24 being berated for significant periods of time until agreeing to consent to removal, and to 25 recanting on video. 26 DECLARATION OF NICOLE ELIZABETH RAMOS 2:18-CV-00939 - MJP 15 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 206-464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 63 of 322 1 46. On January 26, 2017, I accompanied Attorney Tatyana Edwards, another male 2 attorney, and Attorney Edward’s client, a Turkish asylum seeker, to the Pedwest POE. This 3 individual fled Turkey after being imprisoned by the government for his political views. His 4 passport, along with his still-valid U.S. visa had been confiscated by his government. Upon 5 arrival to the POE, I spoke with a front line CBP officer and advised him that we were there to 6 present a Turkish asylum seeker. He advised that the asylum seeker would first have to go to 7 Grupo Beta. I requested to speak with a supervisor, explaining that Grupo Beta did not give 8 tickets to individuals present in Mexico on tourist visas, like this particular asylum seeker. 9 47. Shortly thereafter Supervisor Gomez arrived. She was immediately hostile and 10 ordered the other two attorneys present, the Turkish asylum seeker’s actual legal representative, 11 to either enter the U.S. or to return to Mexico. Both complied with her order, and I was left 12 standing with the asylum seeker. I attempted to explain to Supervisor Gomez the basic facts of 13 this case, that the asylum seeker was a former political prisoner, whose valid U.S. tourist visa 14 had been confiscated by the same government which persecuted him. Supervisor Gomez 15 repeatedly told me, each time louder, that she would not speak with me, and that I had no right 16 to be there. She refused to check the system to determine whether the asylum seeker did in fact 17 have a valid tourist visa (and thus had been pre-vetted). She insisted that the asylum seeker first 18 obtain a ticket from Grupo Beta despite me repeatedly trying to explain to her that this was not 19 possible. 20 48. It was at this point that the interaction became more threatening. Supervisor 21 Gomez at this point was shouting to the client that I was a liar, and a troublemaker, and that she 22 knew that I had taught the client “how to lie.” She then threatened several times to have me 23 physically removed from the POE by Mexican authorities, Grupo Beta. Because of these threats 24 we left the POE, and I drove the asylum seeker back to his hotel. 25 26 DECLARATION OF NICOLE ELIZABETH RAMOS 2:18-CV-00939 - MJP 16 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 206-464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 64 of 322 1 49. On February 3, 2017, I presented eight asylum seekers at the POE, a Honduran 2 family consisting of two parents and two children, a Colombian gentleman who had been turned 3 away from the POE two times previously, two Mexican men, and the Turkish gentleman who I 4 had previously attempted to present unsuccessfully. I arrived at the POE with three reporters, 5 four other attorneys, and two other human rights monitors. Upon seeing the crowd, among which 6 several were dressed in professional attire signaling the possibility that they could be attorneys, 7 and noting that press were among us, CBP supervisors took the group in for processing. 8 50. I chose to present this group of asylum seekers in a group because I now feared 9 for my safety. In addition, I enlisted the support of Amnesty International, who developed a 10 check-in system with me to help ensure for my safety should American authorities again threaten 11 me with arrest by Mexican officials, and should those Mexican officials actually follow through 12 on that threat. 13 51. On February 5, 2017, I presented a Mexican woman and her two children at the 14 POE to seek asylum. GH had attempted to seek asylum at the POE two times before, the second 15 time the day before on February, 4, 2017, with the assistance of my colleagues Ian Philibaum 16 and Alex Mensing, independent human rights monitors. Despite them presenting GH to CBP, 17 with documents to show she was represented and seeking a credible fear interview, and despite 18 the fact that I emailed these same documents to the designated supervisor email for CBP 19 supervisors at the POE, GH was forced to recant her fear of return to Mexico on video. 20 52. GH was told that simply, by virtue of her being Mexican, she did not qualify for 21 asylum. She was threatened, that if she did not withdraw her asylum claim, that the "next time 22 she tried" to seek asylum, she would be facing a deportation. 23 53. When I re-presented GH to the POE on February 5th, I requested to speak with a 24 supervisor. Several minutes later, I spoke with Supervisor DeJesus, and explained that CBP 25 officers had been coercive and verbally abusive with GH, and that she had been removed despite 26 DECLARATION OF NICOLE ELIZABETH RAMOS 2:18-CV-00939 - MJP 17 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 206-464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 65 of 322 1 her request, and my clear written request, that she be referred to an asylum officer for a credible 2 fear interview. Supervisor DeJesus then advised me that they would “take her back and decide 3 what she qualifies for.” I reminded Supervisor DeJesus that making decisions as to eligibility 4 was not within his authority under Title 8 of the United States Code, Section 1225. 5 54. In March 2017, I began working with two families, one family of five from 6 Guatemala, and one family of four from El Salvador, both of whom had been turned away by 7 CBP when they sought asylum at the port-of-entry. These families later joined the large group 8 presentations of 94 asylum seekers at the San Ysidro POE in May 2017. 9 55. On the afternoon of April 9, 2017, at approximately 2:00 p.m., I, along with 10 Attorney Seungwon Chung, approached the Pedwest port-of-entry with DS, a Honduran asylum 11 seeker, and her three year old son, DG, a Mexican citizen, who was also seeking asylum with his 12 mother. Upon approaching the gate, Attorney Chung and I informed CBP Sergeant Pacheco that 13 we were present with an asylum seeker who was requesting a credible fear interview with an 14 asylum officer. Sergeant Pacheco asked what country the adult asylum seeker was from, and 15 whether the asylum seeker was a minor. We advised him that the asylum seeker was a mother 16 and child. Sergeant Pacheco advised us to stand to the side of the gate and to wait for a supervisor. 17 56. Several minutes later Chief Soto approached and engaged Attorney Chung. She 18 explained the purpose of our presence in the port-of-entry, and Chief Soto asked Attorney Chung 19 whether she was aware of the process that she must follow. Attorney Chung advised Chief Soto 20 that she was there to turn in a Honduran asylum seeker. Chief Soto then advised Attorney Sung 21 that the asylum seeker would have to go to INAMI (Mexican Immigration) to be placed on a list 22 and obtain a ticket, and that without this ticket, CBP would not process her. 23 57. Chief Soto's demeanor was hostile and insistent. He repeated that we needed to 24 follow the rules, however, when presented with the plain language of the statutory language 25 which requires CBP officers to refer asylum seekers for a credible fear interview with an asylum 26 DECLARATION OF NICOLE ELIZABETH RAMOS 2:18-CV-00939 - MJP 18 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 206-464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 66 of 322 1 officer, Chief Soto replied "I don't care." We attempted to show Chief Soto written 2 correspondence received by the Mexican National Human Rights Commission, in relation to 3 another asylums seeker's case, in which the Instituto Nacioal de Migracion, officially stated that 4 its agency is not responsible for giving asylum seekers tickets to seek asylum in the United 5 States. Chief Soto refused to read this one-page document. Chief Soto then indicated that he 6 would speak with us no longer, and that we needed to leave. Upon walking away, he advised the 7 other officers who were standing at the gate that they were not to allow us in. 8 9 10 58. On May 7, 2017, we presented 78 asylum seekers to the port-of-entry as part of the Viacrucis Refugee Caravan. Of those asylum seekers, 8 family units -- totaling 39 family members -- were previously turned away by CBP between the months of February and April. 11 59. Throughout the remainder of 2017 and into 2018, I have continued to present 12 asylum seekers at the POE, and routinely witness the kinds of resistance and obstacles detailed 13 above. In almost every instance in which I have accompanied asylum seekers to the port of entry, 14 CBP officers have attempted to turn them away. These interactions have often required a 15 supervisor to address the matter, and reiterate the refusal. These issues are so prevalent that in 16 July 2017, Al Otro Lado joined with individual asylum seekers to file a lawsuit challenging these 17 practices. That case is pending in the Southern District of California. 18 60. I understand that some of the recalcitrance that I have encountered with CBP 19 officers may have been a localized practice in the past, but it is also my understanding from my 20 colleagues in other areas of the Southwestern border that CBP officers’ refusal to process asylum 21 seekers who present at regular POE may be developing into a policy across the Southwestern 22 border. 23 24 61. I have seen crowds of asylum seekers gathered outside the POE due to refusal to process by CBP for at least the last 7 months. Since the announcement in April 2018 by Attorney 25 26 DECLARATION OF NICOLE ELIZABETH RAMOS 2:18-CV-00939 - MJP 19 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 206-464-7744 Case Document 30 Filed 07/17/18 Page 67 of 322 General Sessions of the ?100% enforcement? and family separation policy, I have not noticed any reduction in the numbers of peOple gathered at the POE to request asylum. 62. I have seen separated families snuggle with the Of?ce of Refugee Resettlement?s requirements for reuni?cation. For example, one of my clients was separated from his child upon entry. The child?s mother later sought asylum at the POE with the couple?s older child. It took her several weeks to obtain reuni?cation, because she was required to complete the OR paperwork required of family members seeking to sponsor an unaccompanied minor including several weeks of delay for ?nger printing and blood tests. She was also required to pay for the airfare for her child and an ORR companion to escort the child back to her. I declare under penalty of perjury under the laws of the State of Washington and the United States of America that the foregoing is true and correct. DATED this "73$ day of July, 2018 at New York, New York. Nicole Elizabeth Ramos DECLARATION OF 20 ATTORNEY GENERAL OF wasmnoron NICOLE ELIZABETH RAMOS 30? Fi?h Avenue, Suite 2000 Seattle, WA 931046183 2: - MJP 206-464-7744 Case Document 30 Filed 07/17/18 Page 68 of 322 Exhibit 4 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 69 of 322 1 2 3 4 5 6' 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 STATE OF WASHINGTON, et al., NO. 2:18-CV-00939 9 Plaintiff, 10 DECLARATION OF OLIVIA CACERES IN SUPPORT OF PLAINTIFFS' MOTION FOR EXPEDITED DISCOVERY V. 11 12 THE UNITED STATES OF AMERICA, et al., 13 Defendants. 14 I, Olivia Caceres, declare as follows: 15 1. I am over the age of 18 and have personal knowledge of the facts herein. If called 16 as a witness, I could and would testify competently to the matters set forth below. 17 2. My partner J. and I have two children, M. who was born in August 2016 and A. 18 who was born in May 2013. 19 3. On October 8, 2017, my family and I left El Salvador to seek asylum in the United 20 States. We traveled with a caravan of more than 230 persons, with the goal of presenting 21 ourselves at a United States point of entry and seeking asylum. 22 4. As we traveled through Mexico, my youngest son, M., became ill. Due to M.'s 23 illness and that we did not have enough money for the bus ticket to travel to Tijuana, Mexico, 24 my partner and I decided to split up in the last part of the trip to reach Tijuana. We were 25 concerned about M.'s health because he was only 14 months old and we wanted him to reach a 26 DECLARATION OF OLIVIA CACERES IN SUPPORT OF PLAINTIFFS' MOTION FOR EXPEDITED DISCOVERY I OFFICE OF THE ATTORNEY GENERAL STATE OF CALIFORNIA 1300 I Street Sacramento, CA 95814 916-445-9555 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 70 of 322 I safe place as soon as possible. Because my eldest son A. wanted to stay with me, J. went ahead 2 with M. Before J. left with M., I made sure he was carrying his original identification and M.'s 3 original birth certificate. 4 5. On November 12, 2017, before J. presented himself at the San Ysidro point of 5 entry, I spoke with him. I confirmed that he was carrying his identification and M.'s birth 6 certificate and that the attorneys from Pueblo Sin Fronteras had made copies of the documents. 7 8 9 6. On November 12, 2017 J., along with other caravan families, presented himself at the San Ysidro point of entry with M. Two days later, I arrived in Tijuana with A. 7. On November 16, 2017, I learned from other members of the caravan who crossed 10 successfully the border that immigration officers took M. from J. I felt as if someone had 11 dumped a bucket of cold water on me. I was very angry at J. for letting someone take the child 12 away from him. 13 8. When I was able to speak with J. he was very desperate and anxious and told me 14 that there was nothing he could have done to keep M. because the immigration agents threatened 15 to use force to take M. away if he did not give him up. J. did not know where M. was or why 16 they took him away from him. 17 9. 1 was desperate to find M. With the help of Pueblo Sin Fronteras I was able to 18 obtain phone numbers for ICE and shelters where U.S. authorities keep immigrant children. I 19 was never able to get a response from the ICE number. I called the shelters three times a day and 20 at first they told me that M. was not in the system. 21 10. Finally, after 7 days of desperately searching for M. I was able to locate him in a 22 shelter in Los Fresnos, Texas. While the person in the shelter confirmed that M. was there, he/she 23 did not give me more information or let me speak to M. until my attorney sent documents 24 verifying that he was my son. 25 11. Through my attorney I sent copies of M.'s birth certificate, the footprints of when 26 1 he was born, and copies of J.'s and my identification cards and birth certificates. DECLARATION OF OLIVIA CACERES IN SUPPORT OF PLAINTIFFS' MOTION FOR EXPEDITED DISCOVERY 2 OFFICE OF THE ATTORNEY GENERAL STATE CALIFORNIA 13300 0 I Street Sacramento, CA 95814 916-445-9555 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 71 of 322 1 12. After 10 to 12 days I was finally able to speak with M. by video -- it was only for 2 5 minutes two times a week. During the first 3 or 4 calls M. would look around to find me in the 3 room where he was and did not see me on the phone. 4 13. The agency would not release him to me. They were not satisfied with my birth 5 certificate because it did not look the same as M.'s so I had to request a new copy from El 6 Salvador which took almost a week to get. 7 14. Then they asked J. and me to interview with the Salvadoran consulate. I 8 understand that J. was interviewed by video in December 2017, but M. was not released or 9 reunited with J. 10 15. On December 28, 2017, 1 presented myself at the San Ysidro point of entry with 11 my son A. and sought asylum. We were held in the iceboxes. While 1 was there, I witnessed two 12 mothers being separated from their children. The mothers were taken to their interviews. 13 Meanwhile, officers arrived with the kids' birth certificates and called their names. The kids 14 looked scared and did not know what to do but went with the officers. When the mothers finished 15 their interviews, the officers took them to a different room. At that point the children were outside 16 and the mothers saw them, but they could not talk to them. Although one of the mothers was in 17 a room where I could not hear her, I saw her crying and screaming for her children. The children 18 were also crying and looked paralyzed. 19 20 21 22 23 16. On January 1, 2018, A. and I were released from immigration custody. I was required to wear an ankle monitor for a few months. 17. In early January I was interviewed by the Salvadoran consulate. Although we had provided all the information requested from us, I was still unable to get M. back. 18. The last requirement was for me to undergo a DNA test to confirm that I was 24 M.'s mother At that point, my attorney threatened to file a suit because each time we provided 25 the required information they kept asking for more and more proof. 26 DECLARATION OF OLIVIA CACERES IN SUPPORT OF PLAINTIFFS' MOTION FOR EXPEDITED DISCOVERY 3 OFFICE OF THE ATTORNEY GENERAL STATE CALIFORNIA 13300 0 I Street Sacramento, CA 95814 916-445-9555 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 72 of 322 1 19. Finally, on February 7, 2018, I received a call indicating that M. would arrive at 2 the Los Angeles airport the next day. On February 8, 2018, after 85 days, I went to the Los 3 Angeles airport, showed my identification, signed some documents and they returned M. to me. 4 20. M. looked scared, he looked absent, he did not seem to capture that he was with 5 me. He would only stare. When we got to the car, M. started crying and screaming. He seemed 6 really scared. He continued to cry when we got home and would hold on to my leg and would 7 not let me go. 8 9 10 21. When I took off his clothes he was full of dirt and lice. It seemed like they had not bathed him the 85 days he was away from us. 22. I cannot forget the first night after we were reunited. He cried the moment we got 11 to the bed and refused to sleep. He finally fell asleep from exhaustion but he only slept on my 12 chest. When I tried to put him on the bed he would cry again. 13 23. During the first few days after we were reunited, when I would tell him not to 14 touch things around the house because he was going to break them he would run and hide in a 15 corner. He seemed very afraid. 16 24. One day when we were returning home, I found some magazines in the mailbox, 17 I rolled them up and put them under my arm. When M. saw what I was doing he immediately 18 started crying and did not stop until I put the magazines away. His reaction makes me think he 19 was abused in the shelter. 20 25. M. is not the same since we were reunited. I thought that, because he is so young 21 he would not be traumatized by this experience, but he does not separate from me. He cries when 22 he does not see me. That behavior is not normal. In El Salvador he would stay with his dad or 23 my sister and not cry. Now he cries for fear of being alone. 24 25 26. Our family separation has also affected my son A. He asks me why we left M. alone. He is scared every time he sees a police car. Although he is attending a summer camp, he 26 1 cries and is scared. He does not want to play with other kids or want to make friends. DECLARATION OF OLIVIA CACERES IN SUPPORT OF PLAINTIFFS' MOTION FOR EXPEDITED DISCOVERY 4 OFFICE OF THE ATTORNEY GENERAL STATE CALIFORNIA 13300 0 I Street Sacramento, CA 95814 916-445-9555 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 73 of 322 Before I was reunited with M., I could not sleep, I had headaches and I did not 1 27. 2 feel comfortable. 3 28. 4 J. is still detained and, although we have tried to visit him twice, we have not been allowed to do so. His detention is causing our family more stress. 5 6 7 8 I declare under penalty of perjury under the laws of the State of California and the laws of the United States that the foregoing is true and correct. Dated this 28th day of June 2018 in Santa Monica, California. 9 10 OLIVIA CACERES 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DECLARATION OF OLIVIA CACERES IN SUPPORT OF PLAINTIFFS' MOTION FOR EXPEDITED DISCOVERY 5 OFFICE OF THE ATTORNEY GENERAL STATE of CALIFORNIA 1300 I Street Sacramento, CA 95814 916-445-9555 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 74 of 322 1 CERTIFICATION OF TRANSLATION 2 3 Manuel Duran, a translator certified by the Judicial Council of California and the Office of Federal Courts, certifies that he translated/transcribed completely and accurately, and to the best of his ability the English translation of the following Spanish document(s): 4 NO. 2:18-CV-00939 5 6 7 DECLARATION OF OLIVIA CACERES IN SUPPORT OF CLAIMANTS' MOTION FOR EXPEDITED DISCOVERY I swear under penalty of perjury that the foregoing is true and correct. Signed on June 29, 2018 in Oceanside, California. 8 9 10 CALIFORNIA JUDICIAL COUNCIL 11 CERTIFICATION 300344 June 29, 2018 12 IIAT AT ~ ~►.~. v~~ Manuel Duran California Certification No. 300344 Federal Court Certification No. 93-462 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DECLARATION OF OLIVIA CACERES IN SUPPORT OF PLAINTIFFS' MOTION FOR EXPEDITED DISCOVERY 6 OFFICE OF THE ATTORNEY GENERAL STATE cA IA 13300 0 I Sttreet reet Sacramento, CA 95814 916-445-9555 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 75 of 322 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 STATE OF WASHINGTON, et al., NO. 2:18-CV-00939 9 DECLARACI6N DE OLIVIA CACERES APOYANDO PETICION DE LOS DEMANDANTES PARA EXHIBICI6N DE PRUEBAS ACELERADA Plaintiff, 10 V. 11 12 THE UNITED STATES OF AMERICA, et al., 13 Defendants. 14 Yo, Olivia Caceres, declaro to siguiente: 15 1. Tengo mas de 18 anos de edad y tengo conocimiento personal de los hechos en 16 este documento. Si se me Namara como testigo, podria y testificaria de manera competente a las 17 cuestiones que se exponen a continuaci6n. 18 2. Mi pareja J. y yo tenemos dos niiios, M. quien nacio en agosto de 2016 y A. quien 19 naci6 en mayo de 2013. 20 3. El 8 de octubre de 2017, mi familia y yo salimos de El Salvador para pedir asilo 21 en los Estados Unidos. Viajamos con una caravana de mas de 230 personas, con la meta de 22 presentarnos en un punto de entrada de los Estados Unidos y pedir asilo. 23 4. Mientras viajabamos por Mexico, mi hijo menor, M., se enferm6. Debido a la 24 enfermedad de M. y que no teniamos suficiente dinero para el pasaje de autobus para viajar a 25 Tijuana, Mexico, mi pareja y yo decidimos separarnos en la ultima parte del viaje para Ilegar a 26 DECLARATION OF OLIVIA CACERES IN SUPPORT OF MOTION FOR EXPEDITED DISCOVERY I OFFICE OF THE ATTORNEY GENERAL STATE CALIFORNIA 13300 0 I Street Sacramento, CA 95814 916-445-9555 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 76 of 322 I Tijuana. Estabamos preocupados por la salud de M. porque solo tenia 14 meses de edad y 2 queriamos que Ilegara a un lugar seguro los mas pronto posible. Porque mi hijo mayor A. se 3 queria quedar conmigo, J. se fue adelante con M. Antes de que J. se fuera con M., me asegur6 4 que llevara su identificaci6n original y el acta de nacimiento original de M. 5 5. El 12 de noviembre de 2017, antes de que J. se presentara en el punto de entrada Yo confirm6 que llevaba su identificaci6n y el acta de 6 en San Ysidro yo habl6 con 7 nacimiento de M. y que los abogados de Pueblo Sin Fronteras habian tomado copias de los 8 documentos. 9 6. el. el El 12 de noviembre de 2017 J., junto a otras familias de la caravana, se 10 presentaron en el punto de entrada en San Ysidro con M. Dos dias despu6s yo llegu6 a Tijuana 11 con A. 12 7. El 16 de noviembre de 2017, yo me enter6 por medio de otros miembros de la 13 caravana que habian cruzado la frontera exitosamente que a J. oficiales de inmigraci6n le habian 14 quitado a M. Yo senti como si me habian tirado una cubeta de agua fria. Estaba muy enojada 15 con J. por dejar que alguien le quitara al nilio. 16 8. Cuando al fin pule hablar con J. el estaba muy desesperado y ansioso y me dijo 17 que no habia nada que el pudiera haber hecho para quedarse con M. porque los oficiales de 18 mmigracion to amenazaron con usar fuerza para quitarle a M. si no se los entregaba. J. no sabia 19 donde estaba M. o porque se to quitaron. 20 9. Yo estaba desesperada por encontrar a M. Con la ayuda de Pueblo Sin Fronteras 21 pude obtener los numeros de tel6fono de ICE y albergues donde autoridades de los Estados 22 Unidos mantienen a ninos inmigrantes. Nunca obtuve una respuesta del numero de ICE. Yo 23 llamaba a los albergues tres veces al dia y al principio me dijeron que M. no estaba en el sistema. 24 25 10. Finalmente, despu6s de 7 dias de buscar a M. desesperadamente pude localizarlo en un albergue en Los Fresnos, Tejas. Mientras que la persona en el albergue me confirm6 que 26 DECLARATION OF OLIVIA CACERES IN SUPPORT OF MOTION FOR EXPEDITED DISCOVERY 2 OFFICE OF THE ATTORNEY GENERAL STATE of CALIFORNIA 1300 I Street Sacramento, CA 95814 916-445-9555 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 77 of 322 I M. estaba ahi no me dio mas informaci6n ni me dejo que hablara con M. hasta que mi abogada 2 enviara documentos verificando que era mi hijo. 3 4 5 11. Por medio de mi abogada envie copias del acta de nacimiento de M., las huellas de los pies de cuando naci6, y copias de las identificaciones y actas de nacimiento de J. y mias. 12. Despues de 10 a 12 dfas finalmente pude hablar con M. por video — solo fue por 6 5 minutos dos veces por semana. Durante las primeras 3 o 4 llamadas M. me buscaba en el 7 cuarto donde el estaba y no me vefa en el tel6fono. 8 9 10 11 13. La agencia no me to entregaba. No estaban satisfechos con mi acta de nacimiento porque no se parecia a la de M. asf es que tuve que pedir una copia nueva de El Salvador que tomb casi una semana para obtener. 14. Despues nos pidieron a J. y a mf que nos entrevistaramos con el consulado de El 12 Salvador. Tengo entendido que J. fue entrevistado por video en diciembre de 2017, pero M. no 13 sali6 ni to reunieron con J. 14 15. En diciembre 28 de 2017, yo me presente en el punto de entrada de San Ysidro 15 con mi hijo A. y pedi asilo. Nos tuvieron detenidos en las hieleras. Mientras que estuve ahi, yo 16 fui testigo de dos madres quienes fueron separadas de sus ninos. Las madres fueron llevadas a 17 sus entrevistas. Mientras tanto, oficiales llegaron con las actas de nacimiento de los ninos y 18 llamaron sus nombres. Los ninos se veian asustados y no sabian que hacer, pero se fueron con 19 los oficiales. Cuando las madres terminaron sus entrevistas, los oficiales se las llevaron a un 20 cuarto diferente. En ese momento los ninos estaban afuera y las madres los veian, pero no podfan 21 hablar con ellos. Aunque una de las madres estaba en un cuarto donde no la podia escuchar yo 22 la veia llorando y gritando por sus ninos. Los ninos tambi6n estaban llorando y se veian 23 paralizados. 24 25 16. El 1 de enero de 2018, A. y yo salimos de custodia migratoria. A mf se me requiri6 que tuviera un monitor en el tobillo por unos meses. 26 DECLARATION OF OLIVIA CACERES IN SUPPORT OF MOTION FOR EXPEDITED DISCOVERY 3 OFFICE OF THE ATTORNEY GENERAL STATE CALIFORNIA 13300 0 I Street Sacramento, CA 95814 916-445-9555 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 78 of 322 1 A principios de enero fui entrevistada por el consulado de El Salvador. Aunque 17. 2 habiamos proporcionado toda la inform'aci6n que nos habian pedido todavia no podia recuperar 3 a M. 4 El ultimo requisito fue que yo me sometiera una prueba de ADN para confirmar 18. 5 que yo era la madre de M. En ese momento, mi abogada amenaz6 con entablar una demanda 6 legal porque cada vez que proporcionabamos la informaci6n requerida nos seguian pidiendo mas 7 y mas pruebas. 8 19. Finalmente, el 7 de febrero de 2018 recibi una llamada donde me dijeron que M. 9 llegaria al aeropuerto de Los Angeles el pr6ximo dia. El 8 de febrero de 2018, despues de 85 10 dias, fui al aeropuerto de Los Angeles, present6 mi identificaci6n, firm6 unos documentos y me 11 regresaron a M. 12 20. M. se veia con miedo, se miraba ausente, no parecia capturar que estaba conmigo. 13 Nada mas se quedaba viendo. Cuando llegamos al carro M. empez6 a Ilorar y gritar. Se veia 14 con mucho miedo. Sigui6 llorando cuando llegamos a la casa, se agarraba de mi pierna y no me 15 dejaba ir. 16 17 18 21. Cuando le quite la ropa estaba Reno de tierra y piojos. Parecia que no to habian bafiado los 85 dias que no estuvo con nosotros. 22. No puedo oividar esa primera noche despues de que nos reunimos. El empez6 a 19 Ilorar al momento que llegamos a la cama y no se queria dormir. Al fin se durmi6 de cansancio, 20 pero solo durmi6 en mi pecho. Cuando yo trataba de ponerlo en la cama el lloraba otra vez. 21 23. Durante los primeros dias despues de reuniros cuando le decia que no tocara 22 cosas en la casa porque las iba a quebrar el corria y se escondia en una esquina. Parecia tener 23 mucho miedo. 24 25 24. Un dia cuando regresabamos a casa, encontr6 unas revistas en el buz6n, las enroll6 y me las puse debajo del brazo. Inmediatamente cuando M. vio to que estaba haciendo 26 DECLARATION OF OLIVIA CACERES IN SUPPORT OF MOTION FOR EXPEDITED DISCOVERY 4 OFFICE OF THE ATTORNEY GENERAL STATE CALIFORNIA 13300 0 I Street Sacramento, CA 95814 916-445-9555 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 79 of 322 1 se puso a llorar y no par6 hasty que guardd las revistas. Su reacei6n me pace pensar cute fue ? abusado en el alber(Iue. 25. M. no es igual desde que nos volvimos a reunir. Yo pensaba que, porque esta 4 pequeno no iba a estar traumatizado por esta experiencia, peso no se separa de mi. E1 Mora 5 cuando no me ve. Ese comportamiento no es normal. En El Salvador- 61 se quedaba con su 6 papa o mi hermana y no lloraba. Ahora llora por miedo a estar solo. 7 26. La separaci6n de nuestra falnilia tambi6n ha afectado a Ini liijo A. E1 me 8 pregunta porque dejamos solo a M. Se asusta cada vcz que ve Lin carro de policia. Aunque 9 esta asistierido a un catnpalnento de verano, 61 Mora y esta asustado. No quiere jugar con otros 10 11 12 11 14 ninos ni quiere pacer amigos. 27. Antes de reunirnos con M., yo no podia dormir, tenia dolores de cabeza y no me sentia a gusto. 28. .1. todavia esta detenido y aunque hemos intentado visitarlo dos veces no nos to han permitido. Su detenci6n esta causando mas estrds a nuestra familia. 15 16 17 18 Declaro bajo pena de perjurio Najo las leyes del Estado de California y las leyes de los Estados Unidos que to anterior es verdadero y correcto. Fechado este 28 dia de junio de 2018 en Santa M6nica, California. 19 f) r I 20 ~ OLIVIA ' . ,RES 21 23 24 )5 26 DECLARATION OF OUVIA CACERES IN SUPPORT OF MOTION FOR EXPEDITED DISCOVERY 5 OFFICE OF THE ATTORNEY GENERAL sTATEOFCALFORNIA 1300 I Street Sacramento, CA95814 916-445-9555 Case Document 30 Filed 07/17/18 Page 80 of 322 Exhibit 5 Case Document 30 Filed 07/17/18 Page 81 of 322 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF CALIFORNIA STATE OF CALIFORNIA, et al. NO. Plaintiff, DECLARATION OF VERONICA SILVA TAPIA IN SUPPORT OF V. MOTION FOR EXPEDITED DISCOVERY THE UNITED STATES OF AMERICA, et al., Defendants. DECLARATION OF IN SUPPORT OF 1, Veronica Silva Tapia, declare as follows: I. 2. I am over the age of 18 and have personal knowledge of all the facts stated herein. 1 presented myself at the San Ysidro Port-of?Entry as an asylum seeker on April 25, 2018, with the following people: a. My partner, b. My daughter, c. And my grandchildren DSDG age 7, AOHG age 3. My daughter (grandchildren?s mother) was kidnapped and then murdered in Mexico on August 15, 2017. Upon arrival to the San Ysidro Port-of?Entry on April 25, 2018, I presented my daughter?s death certi?cate to Customs and Border Protection officials to explain the absence of my daughter (grandchildren?s mother). 1 OFFICE OF THE ATTORNEY GENERAL PLAINTIFFS MOTION FOR STATE OF CALIFORNIA 1300 I STREET EXPEDITED DISCOVERY SACRAMENTO, CA 94815 916?445-9555 5-1001 Case Document 30 Filed 07/17/18 Page 82 of 322 5. While being processed, my grandchildren were separated from me. 6. I was told by Customs and Border Protection of?cials that I would see my grandchildren within 1-2 days. 7. I was transferred to the Otay Mesa Detention center on April 28, 2018, where I remain detained. 8. I did not receive any information about my grandchildren?s whereabouts after they were separated from me on April 25, 2018. 9. On June 13, 2018, my grandchildren were released to my other daughter NCCS (my grandchildren?s aunt). After my grandchildren were released to my daughter NCCS, I learned they had been sent to a detention facility in Arizona. I declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing is true and correct. DATED this 28 days of June, 2018 at San Diego, California. (SIGNATURE) Veronica Silva Tapia DECLARATION OF IN SUPPORT OF 2 OFFICE OF THE ATTORNEY GENERAL MOTION FOR EXPEDITED DISCOVERY SACRAMENTO, CA 94815 916-445-9555 0.) Case Document 30 Filed 07/17/18 Page 83 of 322 Certificate of Translation 1, Linda Feldman, declare under penalty of perjury that I am ?uent in English and Spanish languages and that the above translation of the declaration, related to Veronica Silva Tapia, the original of which is in the Spanish language, is a complete and correct translation from Spanish English to the best of my knowledge and ability. Dated: June 28, 2018 San Diego, California "1 i Printed Name Signature DECLARATION OF IN SUPPORT OF 3 OFFICE OF THE ATTORNEY GENERAL STATE OF CALIFORNIA PLAINTIFFS MOTION FOR 130013TREET EXPEDITED DISCOVERY SACRAMENTO, CA 94815 916-445-9555 Case Document 30 Filed 07/17/18 Page 84 of 322 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF CALIFORNIA STATE OF CALIFORNIA, ot 211. NO. Plaintiff, DECLARATION OF VERONICA SILVA TAPIA IN SUPPORT OF V. MOTION FOR EXPEDITED DISCOVERY TH113 UNITED STATES OF AMERICA, et a ., Defendants. Y0, Veronica Silva Tapia, deolaro as 10 siguionto: 1. Soy mayor do 18 tongo conocimionto personal do todos Ios siguiontos datos. 2. Me presento en la frontora de San Ysidro solicitando asilo on ol 25 do abril, 2018 con las siguiontos personas: a. Mi pareja, b. Mi hija, NCCS C. mis niotos DSDG que tiene 7 a?os AOHG que tiene 3 a?os. 3. Mi hija (1a madro do mis niotos) fuo soouostrada dospu?s asosinada ol 15 do agosto 2017 en Mexico. 4. Aponas llogando a la frontora do San Ysidro on o1 25 do abril, 2018, prosonte e1 oorti?oado do dofunoi?n do mi hija a los o?oialos do Aduanas Protocoic?m Frontoriza para oxplicar 1a ausoncia do mi hij a (la madro do mis niotos). 5. A1 memento quo nos ompozaron a procesar, sopararon a mis niotos do mi. 6. Los o?oiales do Aduanas mo dijeron que podria ver a mis niotos on 1-2 dias. 7. A mi iuego mo mandaron a1 oontro do detonoi?n do Otay Mesa o1 28 do abril 2018, dondo ahorita a1'1n sigo dotenida. 8. No rocibi informacion do mis niotos dosdo quo nos sopararon o1 25 do abril 2018. DECLARATION OF IN SUPPORT OF 1 OFFICE OF THE ATTORNEY GENERAL MOTION FOR EXPEDITED DISCOVERY SACRAMENTO, CA 94815 916-445-9555 Case Document 30 Filed 07/17/18 Page junio 2018 por ?n soltaron a mis nietos los mandaron con mi otra hija NCCS (la tia de mis nietos). Despu?s de que soltaron a mis nietos, me enter? do que ellos estaban detenidos en un centro do detencion en Arizona. Juro bajo pena perjurio bajo las leyes del Estado do California Estados Unidos que toda esta informacion es completa verdadera. Feoha: el dia 28 del mes junio, 2018 en San Diego, California. CA 5mm Veronica Silva Tapia DECLARATION OF IN SUPPORT OF 2 OFFICE OF THE ATTORNEY GENERAL PLAIN TIFFS MOTION FOR EXPEDITED DISCOVERY SACRAMENTO, CA 94815 916-445-9555 Case Document 30 Filed 07/17/18 Page 86 of 322 Exhibit 6 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 87 of 322 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON STATE OF WASHINGTON, et al. Plaintiffs, v. Civil Action No. THE UNITED STATES OF AMERICA, et al. Defendants. DECLARATION OF ANGELICA GONZALEZ-GARCIA 1. My name is Angelica Rebeca Gonzalez-Garcia. 2. I am 31 years old. I have an eight-year old daughter, S.K., who is currently being held away from my custody in a town called Harlingen, Texas. I have not seen her since May 11, 2018 and this hurts me deeply considering we have always slept in the same bedroom since the day she was born. 3. I came to the United States via Arizona on May 9,2018 after leaving my country on April 26, 2018. 4. My daughter and I were fleeing Guatemala for many reasons, including abuse, domestic violence and discrimination against me and, consequently, my daughter. When I felt I could no longer live safely in my country, I left Guatemala. 5. I have no family in the United States, all of my family lives in Guatemala. 6. I was previously married in Guatemala. My husband was abusive to me and he is part of the reason I fled. When I fled, I had almost completed the process of divorce but could not pay the last filing fee. 1 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 88 of 322 7. When I first arrived near the border of the United States, I saw a group of other people who were also looking to find a way into the United States. Someone had told me to walk through a field with tall grass. I did that and saw a fence/wall type structure. I was able to go underneath that structure with my daughter. One person, who entered at the same time as I did, fell from the structure and broke her leg. 8. Shortly after entry into the United States, I would say about 40 meters into the United States, I was surrounded by what I now know to be Border Patrol officers. Approximately three cars surrounded us. The officers instructed my daughter and me to take off our jewelry, socks and shoes and laces. We complied. 9. The officers placed my daughter and me in the back of a pick-up truck. They drove us about Vi hour until we reached a stopping point. More people entered the car. The Officers then switched us to another car. The second drive took about 45 minutes or so. 10. When we arrived at the second stop, I was placed in a room with windows and cement floors. My understanding is this facility was in Arizona. Approximately 30-40 women and children stayed in this room. We had one mattress that four people had to sleep on, including my daughter and me. The locked room had a toilet and walls. The toilet had a partial wall and people laying on the floor could see. My daughter felt embarrassed to pee in that room with all those people. The guards were mostly men and could monitor the room through the windows, as well as enter and exit the room with a key. Although we left with clothes in a bag, the Officers took the clothes. When we were left in the room we were told not to complain or bang on the walls because we would be there for "four days at most" and that I would then be deported. 2 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 89 of 322 11. On May 10, 2018, the day after our arrest, Officers came into the room and told me that they intended to take my daughter away from me. The Officers told us that the law with minors was "done" and again said 1 was going to be deported. Most devastating of all, the Officers said 1 would never see my daughter again. When the Officers told me this, 1 felt like collapsing and dying. I cannot express the pain and fear I felt at that point. My daughter was only seven years old and she was much too young to be taken from me. When I asked why the Officers said that I had "endangered" her by bringing her here. They told me to sign a consent form to take my daughter, but that it did not matter whether or not I signed, because they were going to take her either way. 12. The officer came into the cell and called my daughter and me into the big office space. They told me that if I did not sign the paper they would still take my daughter from me, and they also said it would be worst for me. During this same conversation one of the officers asked me "In Guatemala do they celebrate mother's day?" When I answered yes he said, "then Happy Mother's Day" because the next Sunday was Mother's day. I lowered my head so that my daughter would not see the tears forming in my eyes. That particular act of cruelty astonished me then as it does now. I could not understand why they hated me so much, or wanted to hurt me so much. 13. The next morning, at five a.m., the Officers made me bathe my daughter and put oversized clothes on her, as well as put a ponytail in her hair. We were in a trailer-like vehicle with three shower stalls. My daughter and 1 were in one and there was another mother with her child in another stall. My body was shaking and I felt like dying. Instead, I tried to be strong for my daughter. I even remember trying to laugh so my daughter would not be scared. I told her that she did not need to cry and that it would 3 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 90 of 322 only be a couple of days that they would take her. I dressed her in the stall and then there was a little room where I brushed her hair. 14. We waited in that room until all of the kids had been bathed, and then they took all of us into a big office room. Then they told us that would be as far as we would go with our children and they made all of the children stand in a straight line. All of the kids were given the same jacket, pants, and oversized shirt to wear. The uniforms were dark blue but had no identifying information such as a number or facility name. The youngest child in line was about 5 years old and the oldest was about 12 years old. There were approximately 10 kids and the youngest ones were crying. My daughter looked like she wanted to cry; I held back my tears so she would not. I had no idea where they were taking her, they only told me they were going to take her to a shelter. The children were lead out of the building in a single line. All of the mothers were told to return to their cells. Only two women from my cell were separated from their children. We sat next to each other in the cell and cried together and asked God to give us strength. 15.1 still cannot stop crying over this incident. Nothing can prepare a person for the pain of watching their child be forcibly removed from them. Heart wrenching and devastating are the only words I have. It is not clear that I can recover fully from this incident. 16. After they took my daughter from me, I immediately started looking for her. When I asked where they had taken my daughter, the guards told me there were many shelters and they did not know where she would end up. I put in request slips to the guards at the facility I was in and did not hear back. I was moved from that facility to another facility on May 16, 2018. 4 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 91 of 322 17. On May 18, 2018,1 was moved to a facility in Colorado. The whole time I searched for my daughter. I cannot remember how many request slips I put in, but I recall filing many. The day 1 arrived to the facility in Colorado they did a medical check-up and asked me a lot of questions. I told them that I thought I was going to go crazy if I would have to be separated from my daughter for a long time. I told them I had trouble sleeping, I was crying a lot, and not eating. The next day they took me to see a psychologist. The psychologist asked me if I wanted to kill someone and I said no. Then they asked me if I was going to take my own life or hurt someone and I said no. I repeatedly told them I just wanted my daughter returned to me. I wanted to know about her and I wanted to hear her voice and know that she was okay. 18. One of the request slips I placed was on May 24, 2018. After I filed that May 24, 2018 slip, I gathered enough money to call home to Guatemala. When I called home, I learned that a shelter in Texas had called about my daughter. This was the first time I heard about my daughter's location. I believe 1 finally spoke to my daughter around May 26th or 27th. This call gave me such joy. I was so relieved to know they had not deported my daughter. 19. Since the day she was taken away from me, I have only spoken to my daughter five times. Three times, I was allowed a video link conversation and twice by phone. The rule at the shelter is I can call Tuesdays and Saturdays. However, the phone number I have only sends me to a phone manned by a person named Julian. Sometimes, when I call, Julian does not answer. Sometimes they cannot locate my daughter. I just cannot bear the pain of never speaking with my daughter. She is my only child and I miss her terribly. 5 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 92 of 322 20. My daughter is not happy in this shelter. First, she just wanted to be with me. Then she told me she had been sick with both a cough and a fever. She also told me that a boy had i hit her in the head and she had a bruise as a result of the assault. She also told me that she has a problem with her eye which she was told was conjunctivitis, and that because of this she is being isolated from the other children in detention. 21. My daughter's 8th birthday passed in the shelter. I could hear the pain in her voice when she told me how upset she was to spend her birthday away from me Most often, my daughter simply asks when she is going to see me again. It breaks my heart and I don't know what to tell her. 22. One thing my daughter always asks me is "can I have pizza mommy?" 1 promised her, when I found her again, I would buy her a pizza all for herself. 23. After weeks in detention, I was finally able to complete asylum forms and I saw an immigration Judge on June 18, 2018 and was released the following day. I have continued to try to get my daughter back ever since I know my daughter at least takes comfort from the fact that I have been released from custody, but more than anything, she just wants to be with me. While in Jail, and still today, I have had trouble sleeping knowing my daughter could not be protected by me. 24. After I was released, I flew to Massachusetts because 1 had a friend from my town in Guatemala who said he would help me. My friend picked me up from the airport in Boston early in the morning on Wednesday, June 20, 2018 and brought me to Framingham, Massachusetts. In Framingham, I connected with a local advocacy organization that helped me find a lawyer and other community resources. 6 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 93 of 322 25. This past Friday, June 22, 2018,1 was finally able to get through to someone at the shelter, but learned that the only way for S.K. to be returned to me was to submit a "reunification packet request" to the shelter in order to be qualified as a "sponsor" of my own daughter. The package was about 36 pages and someone had to help me fill it out. I am lucky that someone helped me. 26. On Sunday, June 24, 2018, an advocate from a local immigrant's rights organization obtained an attorney for me. 27. When the Attorney and I called the shelter, we were told we could not get help because "it was the weekend." This felt very frustrating to me, as my daughter and I had not seen each other in person since May 11, 2018. 28. After further calls, I have learned that in order to get my daughter back, I and every person in the house where I am staying will have to travel to New Jersey to provide fingerprints, and the government will only allow this to occur on July 16, 2018. Before they spoke to the Attorney, they told me that I could not have prints until July 31, 2018. I don't understand this because my fingerprints were taken when I was arrested at the border. We have tried to offer to send these fingerprints more quickly by sending them through organizations in Massachusetts, but those requests have been refused. 29.1 feel terrible that my daughter remains alone, sick, and scared in the shelter for more weeks. 30. This delay is going to be extremely difficult for me and for my daughter, and I can't understand why the government won't recognize that 1 am her mother and release her to me. 7 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 94 of 322 31.1 plan to stay in Massachusetts and hope to work to support my family once I get permission. 32.1 would like my daughter to come to Massachusetts to live with me. I feel like I'm developing a support network for us here. 33. Once my daughter is in Massachusetts, I plan to enroll her in school in Framingham. Though I worry that it will be difficult for my daughter to leave my side and feel safe at school, I want her to get an education. 34.1 also will make sure she gets the care that she needs for her psychological and physical health. I need to see my daughter to determine whether she needs mental health services because of the separation. I know she has received counseling at the shelter because she was crying so much. 8 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 95 of 322 Signed under pains and penalties for perjury, this 2^ day of June, 2018. ANGELICA REBECA GONZALEZ-GARCIA I, W> certify that I am a disinterested adult competent to interpret from Spanish to English and that I interpreted the above-referenced document from English to Spanish for the above-referenced affiant. Signed under pains and penalties for perjury, this __ day of June, 2018. DIEGO LOW 9 Case Document 30 Filed 07/17/18 Page 96 of 322 Exhibit 7 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 97 of 322 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 2 3 4 5 STATE OF WASHINGTON, et al. 6 7 Plaintiffs, v. 8 9 10 NO. 2:18-CV-00939-MJP THE UNITED STATES OF AMERICA, et al. Defendants. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DECLARATION OF ELMER OLIVA AND LUDIN JIMENEZ Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 98 of 322 1 2 We hereby declare that we, Elmer Oliva and Ludin Jimenez, with our minor children, E.O., who is 17 years of age, and K.O., who is 9 years of age: 3 1. 4 herein expressed. 5 2. Elmer, Ludin, E.O., and K.O. are Guatemalan citizens. 6 3. Elmer fled from Guatemala fearing for his life, after several members of his We are both over the age of 18, and we have personal knowledge of the facts 7 family were murdered. He arrived to the United States two years ago, seeking asylum. Since 8 then, he has lived in Westboro, Massachusetts. 9 4. When Elmer left Guatemala, he had to leave his wife Ludin Jimenez, and his 10 children behind. Eventually, in May 2018, Ludin fled Guatemala with her children, after being 11 threatened with kidnapping and violence. 12 5. Ludin crossed the border with her children at McAllen, Texas, looking for a place 13 to seek asylum. They were detained by immigration officers, and taken to a detention center. 14 Ludin was not charged with any crime. She never saw a judge, nor went to court. 15 6. At the detention center, officers told Ludin that she was to be separated from her 16 children. She was told that she would be deported, and that her children would be put up for 17 adoption. Ludin begged to not be separated from her children, and tried to explain to the officers 18 that they were fleeing violence in Guatemala. Her daughter was crying. 19 7. Afterwards, the immigration officers took Ludin to a place called “the dog pound” 20 without her children. There, Ludin was kept in a cell, with nearly fifty other mothers. The officers 21 told them that they could not eat because they were asking about their children. There was a 22 pregnant woman who fainted from hunger. The immigration officers took this woman to a clinic. 23 8. One immigration officer told Ludin, “how a drop of water destroyed a country.” 24 9. The officers insulted Ludin and the other women in the cage. They called them 25 names, and told them they were stupid when they asked about their children. 26 1 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 99 of 322 1 10. There was an immigration officer who was a good person. He said that he 2 understood what was going on, but could not help. He brought them cookies, since he knew they 3 did not get enough to eat. 4 5 11. Ludin was not allowed to bathe or brush her teeth for the eight days that she spent in the “dog pound.” 6 12. Afterwards, they took Ludin to another detention center, in Laredo, Texas. There, 7 they said she could bathe, they were going to give Ludin a telephone card with 3 minutes to call. 8 Ludin called Elmer, who said he had spoken to their children, and that they were in Michigan. 9 13. Ludin was afraid to ask about her children, so she asked an officer when she could 10 see a judge in court. The officer said they were investigating Ludin and Elmer, and that she must 11 be patient. 12 14. After nine or ten days, they took Ludin to another detention center, in Taylor, 15. In Taylor, Ludin was finally able to speak to her children, after being separated 13 14 15 16 Texas. from them for 21 days. 16. Ludin contacted someone in Catholic Charities in Taylor, Texas. Two days after 17 speaking to the person from Catholic Charities, Ludin was able to obtain an interview of credible 18 fear, and was granted freedom under a bail of $1,500. 19 17. After leaving the detention center in McAllen, E.O. and K.O. were taken to 20 another detention center. They separated E.O. and K.O. in different cells, one in front of the 21 other. Even though E.O. was able to see his sister, when he tried talking to her, the immigration 22 officers yelled at him. 23 24 18. In the Texas center, there were two year old children in the same cages as older children. 25 26 2 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 100 of 322 1 19. An immigration officer told E.O. that he knew that he was over 17 years of age, 2 and that his birth certificate was a fake. When E.O. insisted that he was 17, the officers kicked 3 him. 4 20. 5 to take a shower. 6 21. Once, they awoke K.O. in the early morning, pulling his hair, and saying he had K.O. and E.O. did not have shoes or blankets in the detention center, and there 7 were people in the cells that had to sleep standing up. They did not have enough to eat either, 8 and could not drink the water, because of the chlorine they added to it. 9 10 11 12 22. E.O. and the incarcerated children were insulted - called named such as “animals” and “donkeys.” 23. They took E.O. and K.O. to Michigan in an airplane, but upon arriving Michigan they were separated. They took E.O. to a shelter, whereas K.O. went to a foster home. 13 24. In the Michigan shelter, the children could speak to Elmer several times per week. 14 25. After 21 days of separation from their mother, finally E.O. and K.O. were able to 15 speak to their mother on the phone. K.O. was so sad after this first call that the shelter officers 16 took E.O. to a place to comfort his little sister. 17 26. After filling a lot of forms, the shelter allowed Elmer to meet his children in 18 Massachusetts. They flew to Boston from Michigan on June 19th, 2018; after five weeks of 19 separation. 20 27. 21 22 23 24 25 On June 28th, 2018, Elmer, E.O. and K.O. met with Ludin at the Boston airport, after more than six weeks of separation. 28. Elmer is going to enroll E.O. and K.O. in the Westboro Public Schools, in Massachusetts. 29. Elmer and Ludin are working to find medical attention for the family. They think that K.O., in particular, needs to see a psychologist. 26 3 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 101 of 322 1 We declare under penalty of perjury of the laws of the United States of America that the 2 aforementioned is true and correct. 3 4 Given on the _____ day of the month of June of 2018, in Boston, Massachusetts. 5 6 ELMER OLIVA 7 8 9 10 LUDIN JIMENEZ 11 With our minor children, E.O. and K.O. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4 Case Document 30 Filed 07/17/18 Page 102 of 322 EXHIBIT A Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 103 of 322 1 2 Nosotros, Elmer Oliva, y Ludin Jimenez, con nuestros hijos menores, E.O., quien tiene 17 anos, y K.O., quien tiene 9 anos, declaramos lo siguiente: 3 4 1. Ambos tenemos mas que 18 anos y uno o ambos tenemos conocimiento personal de los hechos aqui expresados. 5 2. Elmer, Ludin, E.O., y K.O. son ciudadanos de Guatemala. 6 3. Elmer huyo de Guatemala por miedo por su vida despues de que varios de los 7 miembros de su familia fueron asesinados. El llego a los Estados Unidos hace dos anos para 8 buscar asilo. Desde entonces, el ha vivido en Westboro, Massachusetts. 9 4. Cuando Elmer dejo a Guatemala, tuvo que dejar a su esposa, Ludin Jimenez, y 10 sus hijos. Eventualmente, en mayo de 2018, Ludin huyo de Guatemala con sus hijos despues de 11 recibir amenazas de secuestro y violencia 12 5. Ludin cruzo la frontera con sus hijos en McAllen, Tejas, buscando un lugar para 13 presentarse para pedir el asilo. Fueron detenidos por oficiales de inmigracion y los llevaron a un 14 centro de detencion. Ludin no fae cargada con un delito. Ella nunca vio a un juez o fue a la corte. 15 6. En el centro de detencion, oficiales dijeron a Ludin que le iba a separarse de sus 16 hijos. Se dijeron que les iban a deportar y sus hijos serian puestas en adopci6n. Ludin les suplico 17 que no la separara de sus hijos e intento de explicar a los oficiales que estaban huyendo de 18 violencia en Guatemala. Su hija estaba llorando. 19 7. Luego, los oficiales de inmigracion llevaron Ludin a un lugar que se llama "la 20 perrera" sin sus hijos. Alia, Ludin estuvo en una jaula con casi cincuenta otras madres. Los 21 oficiales dijeron que ellas no podian comer porque estaban preguntando por sus hijos. Habia una 22 mujer embarazada que se desmayo debido al hambre. Los oficiales de inmigracion llevaron esta 23 mujer a una clinica. 24 25 8. Un oficial de inmigracion dijo a Ludin, "como una gotita de agua, destruyo su pais." 26 1 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 104 of 322 1 2 9. Los oficiales insultaron a Ludin y las otras mujeres en la jaula. Las llamaron nombres malos, y dijeron que fueran estupidas cuando preguntaron por sus hijos. 3 10. Habia un oficial de inmigracion muy bueno. El dijo que el entendia lo que estaba r 4 pasando, pero no podia ayudar. El les traia galletitas, porque sabia que no tenian suficiente de 5 comer. 6 7 11. Ludin no fue permitida banarse ni cepillarse ios dientes durante los ocho dias que estaba en la perrera. 8 12. Luego, Uevaron a Ludin a otro centro de detencion en Laredo, Texas. Alia, dijeron 9 que despues de ducharse, ellos iban a regalar a Ludin una tarjeta de llamada con tres minutos. 10 Ludin llamo a Elmer, quien dijo que habia hablado con sus hijos y que ellos estaban en Michigan. 11 13. Ludin tenia miedo de preguntar por sus hijos, asi que pregunto a un oficial cuando 12 podia ir a ver a un juez en una corte. El oficial dijo se estaban investigando a Ludin y a Elmer, y 13 que ella deberia tener paciencia. 14 14. Despues de 9 o 10 dias, llevaron Ludin a otro centro de detenci6n en Taylor, 16 15. En Taylor, por fin Ludin fue capaz de hablar con sus hijos, despues de 21 dias de 17 separacion. 15 18 Texas. 16. Ludin se conecto con alguien de Caridades Catolicos en Taylor, Texas. Dos dias 19 despues de hablar con la persona de Caridades Catolicos, Ludin logro a conseguir una entrevista 20 de temor creible, y salio bajo una fianza de $1,500. 21 17. Despues de salir del centro de detenci6n en McAllen, E.G. y K.O. fueron llevados 22 a otro centro de detencion. Separaron E.G. y K.G. en jaulas diferentes, uno frente al otro. Aunque 23 E.G. podia ver a su hermana, cuando intento de hablar con ella, los oficiales de inmigracion lo 24 gritaban. 25 26 18. En el refugio en Texas, habia ninos que tenian dos anos en las jaulas juntos con ninos mayores. 2 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 105 of 322 1 19. Un oficial de inmigracion dijo a E.O. que el sabia que E.O. tenia mas que 17 aiios 2 y que su acta de nacimiento era falsa. Cuando E.O. insistia que tenia 17 anos, los oficiales le 3 patearon. 4 20. 5 tenia que ducharse. 6 21. Una vez, se despertaron a K.O. en la madrugada, jalando por el pelo diciendo que K.O. y E.O. no tenian ni zapatos ni mantas en el centro de detencion y habia tantas 7 personas en las jaulas que tenian que dormir a pie. Ellos tampoco tenian suficiente de comer y 8 no podian tomar el agua debido al cloro que anadieron. 9 10 11 12 13 14 15 22. E.O. y los otros ninos encarcelados fueron insultados - llamados nombres como "animales" y "burros." 23. Llevaron E.O. y K.O. a Michigan juntos en un avion, pero al llegar a Michigan los separaron. Llevaron a E.O. a un refugio, mientras K.O. fue a una casa foster. 24. En el refugio en Michigan, los hijos podian hablar con Elmer varias veces cada semana. 25. Despues de 21 dias separados de su madre, por fin E.O. y K.O. podian hablar con 16 su mama por telefono. K. O. estaba tan triste despues de esta llamada que los oficiales del refugio 17 llevaron a E.O. a un lugar para consolar a su hermanita. 18 26. Despues de llenar muchos formularios, el refugio dejo Elmer reunir con sus hijos 19 en Massachusetts. Ellos volaron a Boston desde Michigan el dia 19 de junio, 2018, despues de 20 cinco semanas de separacion. 21 22 23 24 25 26 27. El dia 28 de junio, 2018, Elmer, E.O. y K.O. se reunieron con Ludin en el aeropuerto en Boston despues de seis semanas de separacion. 28. Elmer va a inscribir a E.O. y K.O. en escuelas publicas en Westboro, Massachusetts. 29. Elmer y Ludin estan trabajando para encontrar atencion medica para la familia. Ellos piensan que K.O., en particular, necesita ver a una psicologa. 3 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 106 of 322 1 Declaramos bajo la pena de perjurio de las leyes de los Estados Unidos de America que lo 2 anterior es verdadero y correcto. 3 4 Ejecutado el dia ' V de junio de, 2018 en Boston, Massachusetts. 5 6 7 8 iidA 9 10 LUDttJ JIMH NEZ 11 Con nuestros hijos menores, E.G. y K.O. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4 Case Document 30 Filed 07/17/18 Page 107 of 322 EXHIBIT Case Document 30 Filed 07/17/18 Page 108 of 322 ,5 Baystate Interpreters, Inc. 55 Lake Street Gardner, MA 31440 Phnne [333} 1."Itebsitee ayetatelnterpretersicnm Fax {335} Edi-9% Emaii: CIF TRANSLATEON Cainmenwealth {if Massachusetts Ceanty {if Wnrcester I, b'telhssa Richard, Transiatien Ceardinater, Baystate Interpreters, tire, hereby attest that the attached translatien has been made by qaaiitied bitingaat staff [if Baystate Interpreters, Inc. and that it is a true and cerrect Engiish 1irrersidn nfthe decanient prayided in Spanish tn the best nfniy hncwiedge and belief. alsn certify that the attached is an accurate and certified cepy at the dneuntent prayided by the ciieat whe- anderstands that hetshe may be required ten submit the ariginat dacainent at a later date- I. If]. .l I Slgnature Date: Fite Registratien Cede: SPA. On this 29th day {if Jane, 2313 befare rne, the undersigned aetary public, persenaliy appeared Meilissa Richard, prayed ta me thraagh evidence af identi?eatic-n ta be the parse-n whese name is signed an the preceding dacument and acknawiedged ta me that she signed it yciuntariiy far its stated purpcse. jg?Ar/? (rjr?n? Print'N?ifne: Gayte S. Lee?fair blatary Pabtic b-ty Cemrnissian Expires: March 23, 3323 Case Document 30 Filed 07/17/18 Page 109 of 322 Exhibit 8 Case Document 30 Filed 07/17/18 Page 110 of 322 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE STATE OF COMMONWEALTH OF STATE OF No. STATE OF STATE OF STATE OF NEW COIVIMONWEALTH OF STATE OF NEW STATE OF STATE OF STATE OF STATE OF RHODE COMMONWEALTH OF STATE OF NEW STATE OF STATE OF NORTH STATE OF and THE DISTRICT OF COLUMBIA, Plaintiffs, V. THE UNITED STATES OF DONALD TRUMP, in his of?cial capacity as President of the United States of America; US. DEPARTMENT OF HOMELAND U.S. IMMIGRATION AND CUSTOMS U.S. CUSTOMS AND BORDER U.S. CITIZENSHIP AND IMMIGRATION US. DEPARTMENT OF HEALTH AND HUMAN OFFICE OF REFUGEE KIRSTJEN NIELSEN, in her of?cial capacity as Secretary of the US. Department of Homeland Security; THOMAS HOMAN, in his of?cial capacity as Acting Director of US. Immigration and Customs Enforcement; KEVIN K. MCALEENAN, in his of?cial capacity as Commissioner of US. Customs and Border Protection; ALEX AZAR, in his of?cial capacity as Secretary of US. Department of Health and Human Services; SCOTT LLOYD, in his of?cial capacity as Director of Of?ce of Refugee Resettlement; and JEFFERSON BEAUREGARD SESSIONS in his of?cial capacity as the Attorney General of the United States, Defendants. Case Document 30 Filed 07/17/18 Page 111 of 322 I, Mr. hereby declare as follows: 1. I am pursuing claims for asylum, withholding of removal, and for relief under the Convention Against Torture. My daughter and I have been the target of extortion, violence, and death threats by gang members and police of?cers in Honduras, and for that reason I wish for my identity to remain anonymous. If my identity were publicly revealed, I fear that the individuals who have pursued me in Honduras would harm me and my family. They have already killed - as well as I am willing to submit an unredacted version of this declaration to the court for inspection, and for the Defendants to con?rm my identity, but I am not willing to identify myself publicly. 2. In March 2018, my daughter and I entered the United States at a legal port of entry at Hidalgo, Texas. Upon reaching the border guards and showing our Honduran identi?cation, both my daughter and I were detained. After several hours, my daughter was taken from me without any explanation. The separation was very dif?cult for me and my daughter who suffers from asthma. The border guards were verbally abusive and refused to allow me to speak with her to assure her that everything would be okay. My daughter was very upset and confused. 3. I have not seen my daughter since that day in Hidalgo, Texas, more than three months ago. 4. During my detention, I repeatedly asked for information regarding my daughter and when we could be reunited. No one provided me with an answer to these questions. I did not know where she was or if she was safe. 5. During my detention, I was transferred to several different facilities. At one point, I was transferred?in the dead of night, shackled at the wrists, waist and ankles with other detainees?to a bus and then an airplane, eventually arriving at ?after a full Case Document 30 Filed 07/17/18 Page 112 of 322 day of travel. Because the detainees were chained together at the ankles, several stumbled and fell as we struggled to ascend and descend the steps of the bus and airplane. One man urinated himself as the detainees were not given bathroom privileges. 6. I have been detained in for the past several months. My detention center provided me with a telephone number to obtain information about my daughter. I called that telephone number repeatedly but was not able to get information about my daughter?s whereabouts from anyone. 7. In April 2018, I passed my ?credible fear interview.? 8. Although the authorities did not notify me of my daughter?s whereabouts and did not put me in contact with my daughter, I was able to discover her location through the help of -. My daughter had memorized the phone number of ?who lives in the states. was able to arrange a three?way call approximately two months after I had been separated from my daughter. 9. I now understand that my daughter has been placed at a crowded facility with many other children. I will not say speci?cally where my daughter is located for fear of her safety. 10. Since my ?rst contact with my daughter, approximately one month ago, we have been permitted to speak once per week for only a few minutes each time. My daughter and I miss each other very much and I can tell that she is upset on our phone calls. 11. I understand that my daughter is being held at a facility that is very close to where I am being held. Although the authorities at the facility where I am being held have said that they allow visitations, the people who are holding my daughter have not permitted her to visit me. My Case Document 30 Filed 07/17/18 Page 113 of 322 attorneys have offered to arrange for transportation and to coordinate with the facility, but these people have not allowed me to see my daughter. 12. I have submitted an application for parole. I have a parole sponsor who is a legal resident of the United States, and I am willing to cooperate fully with the authorities. I hope that I can be released on parole and reunited with my daughter. 13. I fully intend onipursuing my claims for asylum, withholding of removal, and for relief under the Convention Against Torture. I was a victim of gang and police violence in Honduras and I understand that my claims are strong. 14. Both my daughter and I are scared. I just want to see her again and to know that she is okay. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Executed on thislith day of June, 2018 in Certi?cation of Translation I am ?uent in English and Spanish. I read the above declaration to the declarant, Mr. and he con?rmed its accuracy before he executed the declaration. I declare under penalty of perjury that the foregoing certi?cation is true and correct. Executed on this 21th day of June, 2018 in Case Document 30 Filed 07/17/18 Page 114 of 322 Exhibit 9 Case Document 30 Filed 07/17/18 Page 115 of 322 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON STATE OF WASHINGTON, et 511., NO. Plaintiffs, DECLARATION OF G. DOE IN V. SUPPORT OF MOTION FOR A PRELIMINARY INIUNCTION DONALD TRUMP in his of?cial capacity as President of the United States, et al., Defendants. I, G. Doe, declare as follows: 1. I am over the age of 18 and have personal knowledge of all the facts stated herein. 2. I am currently being held in the Federal Detention Facility in Sheridan, Oregon. Immigration and Customs Enforcement (ICE) brought me to Sheridan after presenting myself as an asylum applicant at a border port of entry. 3. I respectfully ask the Court allow me to submit this declaration under a pseudonym, G. Doe. I came to the United States seeking asylum for my family and myself. I am afraid that if my name, or my family members? names, are publically available, that We will be subj eot to retaliation, abuse, and more Violence. 4. I am menty-five years old. I have been with my partner and the mother of my child for over ?ve years. Our son is four. DECLARATION OF G, DOE IN 1 Oregon Department of Justice 100 SW Market St SUPPORT OF A MOTION FOR Portland, OR 97201 PRELIMINARY Tel: (971) 673-1880 /Fax: (971) 6736000 Case Document 30 Filed 07/17/18 Page 116 of 322 5. My family traveled to the United States seeking safety from threats and violence in our home country. Many horrible things happened to people in my community at home. For example, a close friend of mine was murdered for his beliefs, leaving behind eight children. When they began to come for me, threatening my family, we had no choice but to leave. 6. We arrived at the border on the third week of May. We told the of?cials there that we were afraid to return to our country. 7. On the ?rst night we arrived, my family and I were taken to a large room without beds or other facilities and we waited out the night there. 8. The following day they took my partner and four?year?old son away from me. ICE didn?t explain why they were taking them away. I asked to speak with my partner. All they said was that they didn?t have time for me; nothing more was explained. 9. After they separated me from my family, I was then taken to a room where sixty men were kept caged in very tight quarters, with only three toilets to share. We were in there, day and night, for thirteen days. During those thirteen days, I hardly slept. People were getting sick and. catching coughs and ?ns. There was hardly any food provided to us and I went to bed hungry most nights. 1 10. After thirteen days in this cell, I was transferred to Sheridan, Oregon. I still had not spoken to my partner or my son for weeks. 11. When I arrived at Sheridan, many more days passed until I was ?nally able to speak with my partner. I waited, not knowing where they were, or what had happened to them since we had been torn apart weeks before. 12. 1 was ?nally able to speak with my partner and receive news of my son on June 23, 2018 over a month after being separated from them. I was able to speak with them for only ?fteen minutes. DECLARATION OF G. DOE IN 2 Oregen Dap?rtment of Justice 100 SW Market St SUPPORT OF A MOTION FOR P01 ?an d, OR 97201 PRELIMINARY INIUNCTION Tel: (971) 673-1880 /Fax: (971) 673-5000 OOxJQm-Case Document 30 Filed 07/17/18 Page 117 of 322 13. 1 cannot describe the relief I felt when I spoke with my partner. Until that point, I was ready to give up on everything. They had taken everything away from me and it was like I was living in purgatory. I knew I could not protect'my son or my partner and this caused me so much pain. My stomach hurt constantly, and the racing thoughts I had at night kept me awake. 14. I want to be with my familypartner. I have to find the strength to keep going. I want to know when this will end. I declare under penalty of perjury under the laws of the States of Oregon and Washington and the United States of America that the foregoing is true and correct. DATED this 27th day of June, 2018 at Sheridan, Oregon. G. Doe DECLARATION OF G, DOE IN 3 Oregon Department of Justice 100 SW Market St SUPPORT OF A MOTION FOR Portland, OR 97201 PRELIMINARY INIUNCTION Tel: (971) 673-1880 lFax: (971) 573-5000 Case Document 30 Filed 07/17/18 Page 118 of 322 Exhibit 10 Case Document 30 Filed 07/17/18 Page 119 of 322 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON STATE OF WASHINGTON, et al., NO. Plaintiffs, DECLARATION OF L. DOE IN V. SUPPORT OF MOTION FOR A PRELIMINARY INIUN TION DONALD TRUMP in his of?cial capacity as President of the United States, et al., Defendants. I, L. Doe, declare as follows: 1. I am over the age of 18 and have personal knowledge of all the facts stated herein. 2. I am currently being held in the Federal Detention Facility in Sheridan, Oregon. Immigration and Customs Enforcement (ICE) brought me to Sheridan after presenting myself as an asylum applicant at a border port of entry. 3. I respectfully ask the Court allow me to submit this declaration under a pseudonym, L. Doe. I came to the United States seeking asylum for my family and myself. I am afraid that if my name, or my family members? names, are publically available in connection with this lawsuit, that we will be exposed to more retaliation, abuse, and more Violence. DECLARATION OF L. DOE IN 1 Oregon Department of Justice 100 sw Market St SUPPORT OF A MOTION FOR Portland, OR 97201 PRELIMINARY INJUNCTION Tel: (971) 673?1880 lFax: (971) 673-5000 .Case Document 30 Filed 07/17/18 Page 120 of 322 4. I came to the United States a month ago with my Wife, my ?ve?year?old son and my one and a half year-old daughter. 5. My family and I travelled to the United States to pursue asylum and other humanitarian relief. 6. Once we entered the border, they began separating us. They sent the men in one direction and the women and children in another. 7. I did not know where my wife and two children were going or why they were taking them away from me. 8. For eight days I was held in a small room with over 60 men. We called it The Freezer because the air conditioning was so strong that we felt like ice. The men got sick inside and we had to sleep, use the toilet, and pass the time all in the same tiny room. 9. The day before I was transferred, I was informed that I was going to Tacoma and was given some sort of card. I had no idea where my family was or whether they were going to join me in Tacoma, Washington. 10. I wasn?t taken to Tacoma, however, I was taken to a federal corrections facility in Sheridan, Oregon. 11. It wasn?t until June 14 that I was ?nally able to speak with my wife, brie?y on the phone. 12. Being separated from my children has been so hard. I have been very stressed, I have headaches, and I can?t sleep. 13. When I ?nally spoke to my wife, my ?ve-year-old son cried and cried. I know that I cannot stop his crying and that every day his pain is worse. My son offered to ride his bike here, to try to get me out. He doesn?t understand that he can?t save me. 14. My daughter is at such an enjoyable age, when it is so sweet to be with her. I am sad because she is so young and I cannot watch her grow. DECLARATION OF L. DOE IN 2 Oregon Department of Justice 100 sw Market St SUPPORT OF A MOTION FOR Portland, on 97201 PRELIMENARY INIUNCTION Tel: (971) 673~1880fFaX2 (971) 6736000 004001-13wa Case Document 30 Filed 07/17/18 Page 121 of 322 15. My thoughts run in circles, and I feel as though I am going to lose my mind. I need to see my family and take care of them. I declare under penalty of perjury under the laws of the States of Oregon and Washington and the United States of America that the foregoing is true and correct. DATED this 27th day of June, 2018 at Sheridan, Oregon. 11:: 1/5? a 2? L. Doe DECLARATION OF L. DOE IN 3 Oregon Department of Justice 100 SW Market St SUPPORT OF A MOTION FOR Portland, OR 97201 PRELIMINARY INJUNCTION T611 (971) 673-1880 /Fax: (971) 673?5000 Case Document 30 Filed 07/17/18 Page 122 of 322 Exhibit 11 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 123 of 322 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 8 12 DECLARATION OF DELFINA ISMELDA PAZ RODRIGUEZ Plaintiff, 10 11 NO. STATE OF WASHINGTON, 9 v. DONALD TRUMP in his official capacity as President of the United States, et al., Defendants. 13 14 15 I, Delfina Ismelda Paz Rodriguez, am over eighteen years of age, have personal 16 knowledge of and am competent to testify regarding the facts contained herein, and 17 declare the following: 18 I am from Nueva Concepción, Chalatenango, El Salvador. I am 23 years old. I was 19 born on July 31, 1994. I left my town on February 11, 2018 with my daughter, 20 A 21 and violence of her father, Romel, and his colleagues. We were not married but we 22 lived together. 23 He is an agent of National Civil Police Force (Policía Nacional Civil). His brother, 24 Genesis, is also a policeman. I left my country to be able to protect my daughter 25 and myself. I was afraid because the policemen were in my house every day. I filed . She is 6 years old. I left El Salvador to protect us from the abuse 26 DECLARATION OF DELFINA ISMELDA PAZ RODRIGUEZ Page 1 of 3 OFFICE OF THE ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 124 of 322 1 a complaint of domestic violence against Romel in December of 2017. It was not 2 the first time that I had been harmed by him. After filing the complaint, he was 3 taken to court in front of the judge. The judge put a restraining order on him, but it 4 did not do anything. On the first days of January, he was in my house. I called the 5 police. 5 or 6 policemen came, but did not do anything. So I went to the court. They 6 advised me that they could not protect me, and that I had to leave to protect us. 7 I left El Salvador with my daughter because no one could protect us from Romel. 8 We arrived at the United States border on May 9, 2018. We crossed the river 9 together. After an hour, a car from the border patrol arrived and picked us up. We 10 had crossed the border in Texas. They took us in the car to a detention center. Then 11 they took us to Macali [tr: McAllen], Texas. It was a trip of 5 or 6 hours. We spent 12 2 days in McAllen. The first day, we were together in a dog kennel (perrera) with 13 25 or 30 other people. The conditions were terrible. We slept on the floor. It was 14 very cold. They gave us food that was inedible. That was on May 10th. 15 In McAllen, the immigration officer told me that I had to go to court. After one 16 night of being unable to sleep, some officers came very early. I did not have the 17 time, but is was before dawn, more or less at 4 in the morning. They told me that I 18 had to go to court and that my daughter had to stay there. At that time, she was 19 completely asleep. There was no one to protect her. There were only other children. 20 They put cuffs on our hands and feet, and took all of the adults to court. We were in 21 a group of 60 or 70 people. 22 Before speaking with the judge, a lawyer told all of us that we had to declare 23 ourselves guilty. The lawyer said that if I did not declare myself guilty, I would be 24 unable to contact my daughter. 25 When we went in front of the judge in McAllen, he told us that it he did not agree 26 with the separation of parents from their children, since he did regret what was DECLARATION OF DELFINA ISMELDA PAZ RODRIGUEZ Page 2 of 3 OFFICE OF THE ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 125 of 322 1 happening to us. But he said that he could not do anything. He gave me a fine of 2 $10. That was the 11th of May. 3 The next day, May 12th, we went in a bus to another detention center in Laredo. 4 That was a trip of approximately 3 hours. The conditions in the detention center 5 were awful. I was unwell and I couldn’t sleep. I think that I had a nervous 6 breakdown because of what I was going through. The officers yelled at us 7 constantly and insulted us. For example, they told us that we were filthy. It was 8 psychological torture. I spent 17 days in Laredo. 9 During the first few days in Laredo, I didn’t hear anything about my daughter. 10 Finally, the manager helped me communicate with my daughter. She is now with 11 my sister in Los Angeles. I don’t know how she got there. 12 I arrived here on the 2nd of June, at night. 13 I certify under pain of perjury that the above is true and correct. 14 Dated this 20th of June, 2018, in SeaTac, Washington. 15 [Signature] 16 Delfina Ismelda Paz Rodriguez 17 18 19 20 21 22 23 24 25 26 DECLARATION OF DELFINA ISMELDA PAZ RODRIGUEZ Page 3 of 3 OFFICE OF THE ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 QCase Document 30 Filed 07/17/18 Page 126 of 322 Multilingual CONNECTIONS CERTIFICATE OF ACCURACY I certify that the Declaration of Delfina Rodriguez was translated into English by a translator and editor working for Multilingual Connections who are both competent and qualified to perform translation into this language. These document has not been translated for a family member, friend, or business associate. attest that the final target file is an accurate and complete translation of the original Spanish version. June 26, 2018 Eaudel Caldera Date Senior Project Manager Multilingual Connections, LLC American Translators Association MEMBER ?i Subscribed and sworn to before me this Af?avof juw? .20 ?Kin Connections, LLC #255450 OFFICIAL SEAL INGHID BAUMANN OTAHY PUBLIC, STATE OF ILLINOIS Commissmn Expires Jun 15, 2020 LCOS l-l [7(7fo Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 127 of 322 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 STATE OF WASHINGTON, NO. 8 Plaintiff, DECLARACION DE 9 del F,' V. 10 11 DONALD TRUMP in his official capacity as President of the United States, et al., 12 Defendants. 13 Yo, ,` ~-r 6 ~ , tengo mas de dieciocho anos de edad, 14 tengo conocimiento personal y soy compe ente para testificar sobre los hechos aqui contenidos, 15 y declaro to siguiente: 16 Ll 17 18 19 20 a lam/ l '_ !~1 / ~9 21 J (~ J-~~ 22 I ra tom- „-a y 1 23 24 25 26 DECLARACION DE -A Page of ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 128 of 322 1 2 CIO— 3 4 w 5 4 6 7 9 10 11 10 12 0— gA 13 14 15 "A 16 J 17 18 kA 19 20 A-, 21 22 A 23 24 25 26 I r,DECLARACION DE i% C- r Page of ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 129 of 322 1 2 3 4 5 6 4-c 1-/ ~ ' 71 7 8 9 ev 10 11 O pt Ve A.) 12 .4 13 e- 14 15 e- 16 17 18 A 19 20 21 '*7 (4~ 22 P 23 4t, 24 25 26 DECLARAC16N DE A Page of ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 130 of 322 1 3 : f r~ - N j.. 1 6 7 dd 8 d ~ 10 11 a s 12 ~I 1°'d2 13 14 16 pq 17 .,.n 18..E i~ ~;: 19 20 `~ 21 ~r ~.f 9 ► cr w P r` C~ 22 23 24 __ o, t „ j ►~ z ~ .v . 25 DECLARACI6N DE r Page r! Of ATTORNEY GENERAL OF WASFHNGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206)464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 131 of 322 1 2 We 3 Z-p- 4 5 6 r 6-> f- , , 7 8 9 10 11 12 13 14 aq 15 16 17 Y 18 19 AL 20 C- 21 o, A.,110 22 4 23 24 25 VL 26 Zr DECLARAC16N DE Page of ATTORNEY GENERAL OF WASIENGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case Document 30 Filed 07/17/18 Page 132 of 322 Exhibit 12 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 133 of 322 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 8 12 DECLARATION OF DORIS ARRIAGGAPINEDA Plaintiff, 10 11 NO. STATE OF WASHINGTON, 9 v. DONALD TRUMP in his official capacity as President of the United States, et al., Defendants. 13 14 15 I, Doris Arriagga-Pineda, am over eighteen years of age, have personal knowledge 16 of and am competent to testify regarding the facts contained herein, and declare the 17 following: 18 1. 19 me and my daughter. 20 2. 21 ‘icebox’ (la hielera), where I spent one day with my daughter, E I came to the United States out of fear of my husband returning and harming On May 20th, I was detained. I requested asylum and they took me to the 22 , who is 6 years of age. We slept on the floor there, with only the 23 aluminum blanket. There were many people there, and they only gave us bread 24 with juice, [it was] cold, my little girl didn’t eat. 25 3. On May 21st, they transferred me and my daughter to McAllen, Texas. 26 DECLARATION OF DORIS ARRIAGAPINEDA Page 1 of 2 OFFICE OF THE ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 134 of 322 On May 22nd, they took me to the court, when I got back they had taken her 1 4. 2 away. They took me to a cell and I did not go back to my daughter after that. 3 5. The officer kept saying that I wasn’t my daughter’s mother. 4 6. On May 23rd, they took us to Laradero [tr: Laredo], Texas. I was there 11 5 days with no communication with my daughter. I didn’t hear anything about her. 6 7. On June 3rd, I came to Washington in a plane. 7 8. Last week, on Wednesday, was the first time that I communicated with my 8 daughter. 9 9. What worries me the most about my daughter is the separation. She has 10 never been separated from me. It is difficult for her to eat. She always cries. The 11 day I called, she couldn’t speak. My life is my daughter. 12 I declare, under pain of perjury under the laws of the state of Washington and 13 of the United States, that the above is true and correct. 14 DATED this 20th day of June, 2018 in Seattle, Washington. Name: [Signature: Doris Marist Arria Pineda] 15 16 17 18 19 20 21 22 23 24 25 26 DECLARATION OF DORIS ARRIAGAPINEDA Page 2 of 2 OFFICE OF THE ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 OCase Document 30 Filed 07/17/18 Page 135 of 322 Multilingual CONNECTIONS CERTIFICATE OF ACCURACY i certify that the Declaration of Doris Arriaga?Pineda was translated into English by a translator and editor working for Multilingual Connections who are both competent and qualified to perform translation into this language. These document has not been translated for a family member, friend, or business associate. attest that the finai target file is an accurate and complete translation ofthe original Spanish version. 0" I June 26, 2018 Rlaudel Caldera Date Senior Project Manager Multilingual Connections, LLC I I Subscribed and sworn to before me this American (9 Translators _?daV 0f ,20 In Association CORPURAIE MEMBER Multilingual Connections, LLC #255450 OFFICIAL SEAL KATHERINE INGBID BAUMANN NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires Jun 15, 2020 - - 1 :1 ?a I II "jgg?; . I Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 136 of 322 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 STATE OF WASHINGTON, NO. 8 Plaintiff, DECLARACION DE 9i V. 10 11 DONALD TRUMP in his official capacity as President of the United States, et al., 12 Defendants. 13 14 Yo, 1)~`( ( ~ y` , tengo mas de dieciocho anos de edad, `~(~P tengo conocimiento personal y soy competente para testificar sobre los hechos aqui contenidos, 15 y declaro to siguiente: 16 17 hQY Y-PAY?( 9'A VJIf I Y VA.Y.I WI,Vk(P(Kj' ;, l 1A A 18 19 20 21 22 23 24 25 26 DECLARACIQN DE Page 06 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206)464-7744 ~Lj A Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 137 of 322 1 2 3 4 P. 5 61 7 8 hA 60 Z- A Z f 9 10 11 hit W, f~2 Zzho r 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DECL CION DE LI Paga Of ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206)464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 138 of 322 1 2 3 4I Declaro bajo pena de perjurio bajo las leyes del estado de Washington y de los Estados Unidos que to anterior es verdadero y correcto. FECHADO este Q dia de Junio, 2018 en Seattle, Washington. 5 6 Nombre: J) 0 r 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ECI ARACION DE page Of, ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case Document 30 Filed 07/17/18 Page 139 of 322 Exhibit 13 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 140 of 322 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 8 12 DECLARATION OF ELIZABETH GARCIA CASTILLO Plaintiff, 10 11 NO. STATE OF WASHINGTON, 9 v. DONALD TRUMP in his official capacity as President of the United States, et al., Defendants. 13 14 15 I, Elizabeth Garcia Castillo, am over eighteen years of age, have personal 16 knowledge of and am competent to testify regarding the facts contained herein, and 17 declare the following: 18 1. 19 I 20 2. 21 requested asylum on Bridge One in Laredo because I am afraid of returning to 22 Mexico. My husband and sons have been victims of violence there. The three of 23 them were even assaulted several times, and I 24 him while walking to school at 9:00 in the morning. I complained to the police but 25 they told me directly that they weren’t going to be able to do anything. I am a citizen of Mexico. I have two twin sons aged 15. Their names are and U . They are American citizens. on the 19th of May, 2018. I I came to the border with had a pistol pointed at 26 DECLARATION OF ELIZABETH GARCIA CASTILLO Page 1 of 2 OFFICE OF THE ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 141 of 322 1 I was separated from I 2 After he left, I was put in chains on my hands, feet and waist like a criminal. I 3 asked me why they were treating me like a criminal. 4 3. 5 I would not see I 6 put him up with an American family for adoption. That scared me a lot. 7 4. 8 them were we given water to drink, even if we asked for it. We had to drink water 9 from the washbasin. There were two tacos for breakfast, lunch and dinner in the 10 detention centers on the border. They were two small tacos with rice and beans. We 11 were not given jackets for the cold for 4 days. 12 5. I speak with I 13 6. I am very worried about I 14 asylum because my family needed security. My sons and I have experienced 15 violence and fear in Mexico. 16 7. 17 mothers and fathers of children who also requested asylum. 18 8. 19 . He was sent to Oregon, where my sister lives. The authorities told me that they were not going to give me asylum, and that until he is 18 years old, because they were going to I have been detained in various places. Some have been very cold. In none of 2-3 times per week. . He needs his mother. I requested Most of the people with whom I have spoken in the detention centers are No one has interviewed me about my request for asylum. I declare, under pain of perjury under the laws of the state of Washington and 20 of the United States, that the above is true and correct. 21 DATED this 20th day of June, 2018 in Seattle, Washington. 22 [Signature] 23 Name: Elizabeth García Castillo 24 25 26 DECLARATION OF ELIZABETH GARCIA CASTILLO Page 2 of 2 OFFICE OF THE ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case Document 30 Filed 07/17/18 Page 142 of 322 Multilingual CONNECTIONS CERTIFICATE OF ACCURACY I certify that the Declaration of Elizabeth Castillo was translated into English by a translator and editor working for Multilingual Connections who are both competent and qualified to perform translation into this language. These document has not been translated for a family member, friend, or business associate. attest that the final target file is an accurate and complete translation of the original Spanish version. 1;}de <1me June 26! 2018 Raudel Caldera Date Senior Project Manager Multilingual Connections, LLC ?i a I Subscribed and sworn to before me this American . Translators g? day 01? 7?4? 20 8 in Association Eva nston, County Of Cook, Stat Illinois. Multilinguai Connections, LLC #255450 Notary Pu OFFICIAL SEAL KATHERINE INGRID BAUMANN NOTARY PUBLIC. STATE OF ILLINOIS0 My Commission Expires Jun 15. 202 7 T: 399.7% Etii'i?l} 2.15.? 5 EL falf?i-IUI Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 143 of 322 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 NO. STATE OF WASHINGTON, 8 Plaintiff, DECLARACION DE 9 V. lCs' 10 11 DONALD TRUMP in his official capacity as President of the United States, et al., 12 Defendants. 13 rhq E YO, . t J 1 , tengo mas de dieciocho anos de edad, ,r 14 tengo conocimiento personal y soy competente para testificar sobre los hechos aqui contenidos, 15 y declaro to siguiente: 16 LJ 17 18 19 20 a ' ~• ; . /' ✓/1~'~ ~ 21 22 23 24 25 26 D,FCLARACION DE / ~~ '/ 1, Page I , LL'., Of / ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206)464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 144 of 322 1 2 3 4 5 6 7 8 9 10 11 12' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DE LARACION DE ~ Page 2 of ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 145 of 322 1 2 3 4 5 6 7 s r . rTfit;} 9 p 10 V y 11 12 ,x t . 13 14 15 16 ,1 l 17 1 9 J.t r 1s 19 20 21 22 23 24 25 26 DECLARACION DE te ,r Page ~) Of ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206)464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 146 of 322 1 2 3 4 Declaro bajo pena de perjurio bajo las leyes del estado de Washington y de los Estados Unidos que to anterior es verdadero y correcto. FECHADO esteem dia de Junio, 2018 en Seattle, Washington. 5 6 Nombfe: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DECLARACI6N DE Page A of ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206)464-7744 Case Document 30 Filed 07/17/18 Page 147 of 322 Exhibit 14 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 148 of 322 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 8 10 11 12 NO. STATE OF WASHINGTON, 9 DECLARATION OF Plaintiff, v. DONALD TRUMP in his official capacity as President of the United States, et al., DAMARIS AGUIRRE VEGA Defendants. 13 14 15 I, Damaris Aguirre Vega, am over eighteen years of age, have personal knowledge 16 of and am competent to testify regarding the facts contained herein, and declare the 17 following: 18 I am from San Pedro Sula, Santo Pablo Department, Honduras. I was born on 19 . I have a 14-year-old daughter, whose name is A . We arrived in the 20 United States on May 17, 2018. We arrived at Piedras Negras, in Texas. We left 21 Honduras because of the lack of security that has given rise to the gangs called 22 maras, and the political crisis. The gangs have been robbing, kidnapping and 23 assaulting many girls, including many girls in my daughter’s high school. The 24 Government of Honduras never protected them. I know girls at my daughter’s high 25 school who have been assaulted by the gangs. There was a lot of danger in the high 26 DECLARATION OF DAMARIS AGUIRRE VEGA Page 1 of 3 OFFICE OF THE ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 149 of 322 1 school my daughter was attending. I was afraid that something would also happen 2 to my daughter, and in order to protect her we went to the United States. When we 3 arrived at the immigration offices in Piedras Negras, I was with my daughter for 4 about one hour. The immigration officer asked me some questions and told me that 5 I would be imprisoned for having entered the United States with my daughter. My 6 daughter heard this and cried, she came to me and, crying, said “oh mom, oh mom” 7 (ay mami, ay mami), and she grabbed my leg. Then the immigration officers 8 grabbed her and took her away. She was crying and crying while they took her 9 away. I couldn’t say goodbye to her. My soul was breaking apart. I also knew that 10 she had not eaten. We hadn’t eaten in two days and they only gave her a burrito that 11 she did not eat because they took her away quickly. They did not tell me where they 12 were taking her. I was very worried about my little girl. I was in the icebox 13 (hielera) for 4 or 5 hours, then they took me to the Valverde jail. After five days, 14 they took me to the court. The judge gave me ten days’ fine. In the court, there were 15 a ton of people waiting. In my three-minute conversation with the judge, he asked 16 me about the action of crossing the border, nothing more. The questions were not 17 about the fear that my daughter and I have of returning to Honduras. And I said that 18 I was guilty of crossing the river, because a lawyer had talked to us as a group and 19 advised all of us to say that we were guilty of crossing the border. 20 I am very worried about my daughter. I have not yet been able to speak with her 21 since we were separated, and I was not sure of where she was. I know that my little 22 girl wants to be with me and that hurts me. I hope that she is OK now. I am trying 23 to claim political asylum to protect my daughter and myself. 24 I certify under penalty of perjury that the above is true and correct. 25 Dated this 20th day of June, 2018, in SeaTac, Washington. 26 [Signature: Damaris Aguirre Vega] DECLARATION OF DAMARIS AGUIRRE VEGA Page 2 of 3 OFFICE OF THE ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 150 of 322 1 DAMARIS AGUIRRE VEGA 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DECLARATION OF DAMARIS AGUIRRE VEGA Page 3 of 3 OFFICE OF THE ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 QCase Document 30 Filed 07/17/18 Page 151 of 322 Mult?lingual CONNECTIONS CERTIFICATE OF ACCURACY I certify that the Declaration of Damaris Vega was translated into English by a translator and editor working for Multilingual Connections who are both competent and qualified to perform translation into this language. These document has not been transiated for a family member, friend, or business associate. attest that the final target file is an accurate and complete translation of the original Spanish version. 7Md/Oga?? June 26, 2018 Ra?/eel Calderav Date SeniOr Project Manager Multilingual Connections, LLC Ci Subscribed and sworn to before me this American ,2 5 . Tro nslutors day 0" In Association (snowman Evanston, County of Cook, State of Illinois. MultilingualConnections, LLC #255450 - 7 1 Notary Publ trj??glzz.. OFFIGIAL SEAL KATHERINE INGRID BAUMANN NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires Jun 15. 2020 71f Ufa/?i 5 5 II it: .3?ch ii, I i 5L igtl'ltll Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 152 of 322 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 NO. STATE OF WASHINGTON, 8 DECLARACION DE Plaintiff, 9 K ' fw i'9~ II V. f 10 11 DONALD TRUMP in his official capacity as President of the United States, et al., 12 Defendants. 13 Yo, ~;~ ! , tengo mas de dieciocho anos de edad, 14 tengo conocimiento personal y soy competente para testificar sobre los hechos aqui contenidos, 15 y declaro to siguiente: 16 17 18 19 vS 06m 20 de Maio C)o 0 (( . P(e d w~ 21 z 22 P^ 23 24 1L a 25 26 DECLARACION DE Page I of ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206)464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 153 of 322 1 CCA)Cre. 2 Ij 3 ci~c) C 4 5 -A' NA j C c1 >ekO ~ oj ~ U C:k3-A, PA j '(A'1 6 7 CXA) 0 S 4 8 9 V Q QT--i 0i 6C(k, ' 7 U eci u Y\ 10 11 12 13 -A. 14 r 15 "Cllf~ jct ic(-~~ 16 f~k4C 17 1cc, A 18 ~flo 19 L 0 dw U, 20 21 0 22 buc 0, 23 24 c)k 6 r- 25 26 DECkARACION J, DE Page 2,, of-) ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 154 of 322 t t jUp 4 s 7 l~C ~~~ . iC' 14 $ E ~F 9 ' 10 C, P, U aLwc, _ (jj.. ~•~ 13 15 sic) ' 17 : °icy' ~C`c'' 16 0A 18 t , =, < , 19 20 21 eL 22 - r y J t , 23 a 24 c: f`k kJ 25 DECLARAC16N DE Page )~ Of ~ ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206)464-7744 a Case Document 30 Filed 07/17/18 Page 155 of 322 Exhibit 15 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 156 of 322 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 8 STATE OF WASHINGTON, 9 Plaintiff, 10 11 12 NO. v. DONALD TRUMP in his official capacity as President of the United States, et al., DECLARATION OF GLADYS MONROYGUERRA DE TESUCUM Defendants. 13 14 15 I, Gladys Monroy-Guerra de Tesucum, am over eighteen years of age, have 16 personal knowledge of and am competent to testify regarding the facts contained 17 herein, and declare the following: 18 1. 19 refuge. I am afraid of returning to my country, because my cousin will kill me and 20 my children. I caught him raping his step-daughter. He is a drug trafficker and he 21 has killed more than 45 people. He told me, in writing with a note on my door, that 22 he is going to dismember me. He has threatened my children as well. We had to 23 flee. 24 2. 25 do anything to protect us. I am from Guatemala. I arrived in the United States on May 20, 2018 seeking I complained to the police about my cousin. The police in my country cannot 26 DECLARATION OF GLADYS MONROYGUERRA DE TESUCUM Page 1 of 3 OFFICE OF THE ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 157 of 322 1 3. When I first spoke with ICE officers, they told us, “why did you come from 2 your country?”, “don’t you know that we hate you people?”, “we don’t want you in 3 our country”. 4 4. 5 with me. After entering, they separated them from me, and they took me to court, 6 where they condemned me as a criminal. No one asked me if I was afraid to return 7 to my country or why I fled. There were 50 of us who were condemned as 8 criminals during the same hearing. 9 5. My two children, A and E , fled with me and came in There was no opportunity for me to say goodbye to my children. When I 10 came back to the “dog kennel” (perrera), where we were being held [note in 11 margin: after court], my boys weren’t there anymore. I became physically unwell 12 when I found out that my little boys had been taken away. I didn’t know where they 13 were. 14 6. 15 didn’t know anything about them. I was in SeaTac for more than two weeks 16 without speaking to them or hearing anything about them. 31 days in total without 17 speaking to them. 18 7. I spoke with my children once on June 19th. I think they are in Texas. 19 8. I have family in Virginia. My children have the phone number of our family 20 there. They have not been reunited with that family member, and no one has said if 21 that is going to happen. 22 9. 23 about me, because they did not hear from me for more than a month. 24 10. 25 and no one has interviewed me. I tried to explain to the authorities in the border, 26 and they told me “there’s no reason to tell us that”. I was in Laredo for 11 days. I had no communication with my children. I A is 16 years old and E is 11. They are very worried Until now, no one has asked me whether I am afraid to return to my country, DECLARATION OF GLADYS MONROYGUERRA DE TESUCUM Page 2 of 3 OFFICE OF THE ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 158 of 322 1 11. 2 jackets in the cold to wake us up, and they threw out our food before we were 3 finished eating. 4 12. 5 away to deport her without her 3-year-old daughter. She cried and screamed for 6 them to please not deport her without her daughter. She screamed a lot. It was 7 shocking. 8 13. 9 chains and everything. I’m just seeking refuge. 10 In the dog kennel, ICE [agents] mocked our accents, they took away our I remember the example of another mother – there were many. They took her I am seeking refuge in the USA. We are being treated like criminals in I declare, under pain of perjury under the laws of the state of Washington and 11 of the United States, that the above is true and correct. 12 DATED this 20th day of June, 2018 in Seattle, Washington. 13 [Signature: Gladis Monroy] 14 Name: Gladis Monroy 15 16 17 18 19 20 21 22 23 24 25 26 DECLARATION OF GLADYS MONROYGUERRA DE TESUCUM Page 3 of 3 OFFICE OF THE ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 QCase Document 30 Filed 07/17/18 Page 159 of 322 8 C: CONNECTIONS CERTIFICATE OF ACCURACY certify that the Declaration of Gladys Monroy-Guerra was translated into English by a translator and editor working for Multilingual Connections who are both competent and qualified to perform translation into this language. These document has not been translated for a family member, friend, or business associate. attest that the finai target file is an accurate and complete translation of the original Spanish version. WW Live 0 0* June 26, 2018 Eudei Caldera Date Senior Project Manager Multilingual Connections, LLC ?i Subscribed and sworn to before me this American Translators ?dav 01? 7/:er ,20 47, in Association Evanston, County Of_C00k . . Connections, LLC #255450 - - . "1 ., - lOmetlx?i nil - :?rti-t-Ts Ill; 3 eitillil Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 160 of 322 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 STATE OF WASHINGTON, NO. 8 Plaintiff, DECLARACION DE 9 V. 10 11 DONALD TRUMP in his official capacity as President of the United States, et al., 12 Defendants. 13 Yo, , tengo mas de dieciocho anos de edad, 14 tengo conocimento personal y soy competente para testificar sobre los hechos aqui contenidos, 15 y declaro to siguiente: 16 17 a ~ 18 19 ~ S j 20 W4 21 22 23 24 25 26 DECLARACI6N DE Page ;'i Of ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 161 of 322 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 i( 24 25 26 d DECLARACION DE „t i Page '1` Of ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 162 of 322 ' 3 4 '' { l 5 ir 1 6 7 8 , 9 10 ly Ail '' 12 ,: 13 r 14 15 s 16 ~S ~ Y ra 17 18 19 20 q ° /r.. ; 21 22 f a 1 r 23 h 24 Y VA I: 25 26 DECLARACION DE --- Page of> ATTORNEY GENERAL of WASI3 NGTGN 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 163 of 322 1 2 3 '~ 4 VY ..1. c £ 5 6 7 r 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DEcLARAc16N DE Page Of ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206)464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 164 of 322 1 2 3 Declaro bajo pena de perjurio bajo las leyes del estado de Washington y de los Estados Unidos que to anterior es verdadero y correcto. FECHADO este To dia de Junio, 2018 en Seattle, Washington. 4 5' ._ 9la (4, s 6 Nombre: 6 jc7 chi' `~ 7 r)) 0 o"Y(9 ~ ,- -- cy?,YQY 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DECLARACION DE a Page ' Of y`~ ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206)464-7744 Case Document 30 Filed 07/17/18 Page 165 of 322 Exhibit 16 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 166 of 322 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 8 STATE OF WASHINGTON, 9 10 11 12 13 Plaintiff, NO. DECLARATION OF MARIA ELOINA DUBON M. v. DONALD TRUMP in his capacity as President of the United States, et al, Defendants. 14 15 16 I, MARIA ELOINA DUBON MEJIA, am over eighteen years of age, have 17 personal knowledge, and am competent to testify regarding the facts contained 18 herein, and hereby declare the following: 19 I am from Honduras, from the city of Ocotepeque. I came to the United States on 20 May 18, 2018 with my 11-year-old son named D 21 decided to leave Honduras because I was witness to a murder that occurred in 22 March of this year. About four days later I began receiving threatening letters, 23 telling me not to say what I had seen or they would do the same to me. They were 24 watching me. I feared for my life and my son’s. I do not trust the Honduran 25 police to ask for their protection; I know they are corrupt. My brother was 26 murdered in Honduras more or less two years ago and the police never did DECLARATION OF MARIA ELOINA DUBON M. Page 1 of 1 . He is my only child. I OFFICE OF THE ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 167 of 322 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 anything. From then on, my family has been afraid because people there talk about it being possible that they might also be in danger. But the authorities do nothing to find the murderers. For these reasons I decided to come to the United States. I am afraid of to return to Honduras and that they would kill my son. In Immigration they took my son and me to a place called the icebox. There we were separated and I was unable to talk to him. My son was kept in the icebox but in another room, with no contact with me. I was there for one night and part of the day. We were not given mattresses, just aluminum foil. We slept on the ground. The children also had no mattresses, but were in another room. I only saw my son when we had our photo taken together. He was worried; he wanted to know when we would get out. The following day I was taken to another place, without my son. We were told that we would be apart for five days because I had to go to court and my son could not come. They did not let me say goodbye to him and I did not see him again. They took me to a large area with separate rooms like wire cages. An officer talked to me and told me the mothers would be deported and the children would remain in the United States. If no one can get him, he will stay in a place with children with no parents. I felt as though my life was over. I told them they would not take my son from me. He made me understand that I could be deported without me [illegible] without my son. I understood that they wanted to take him away forever. He told me that I had used my son as a passport. I was crying when the officer told me that, with another woman that was there, and another officer that was laughing at us. I was in this place for two nights. There we also slept on the ground with the same aluminum foil and the same food. It was very cold and we were not given more to keep us warm. We were also given the same food as the other place and I was not eating 26 DECLARATION OF MARIA ELOINA DUBON M. Page 2 of 2 OFFICE OF THE ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 168 of 322 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 because the food was ugly; the mortadella was still frozen. I was suffering because I thought my son was also being given this same food and he would be hungry. From there they took me to the Texas detention facility, where I remained about 11 or 12 days, with no knowledge about my son. They moved us from there on a Friday at 6 in the evening; we were kept in a room all night until 8 in the morning on Saturday, with no mattresses or a place to sleep. During the morning we were given the same sandwich. Afterward our hands and feet were shackled and we were taken to a bus. We were taken to the airplane and we were shackled on the bus from 9 in the morning until 2 in the afternoon without eating. From there we took the plane to come here to SeaTac. I have been here 18 days, with no knowledge about my son. I asked an Immigration officer for the number to talk to my son but I have not been given it. This makes me feel desperate and afraid for my son. He is still too young to be alone. When I was in the detention facility in Texas, I wrote a letter for Immigration asking about my son. Officer Sánchez answered 3 days later, saying my son was detained in Texas, but afterward I sent another letter asking for the number to talk to my son but I received no answer. My boyfriend spoke with a social worker and was told that my son is in a shelter in Texas, but they will not allow him to speak to him. I am still worried because I do not know how my son is and I have been unable to speak with him. I have also been unable to see a judge and have not been interviewed out of fear. I told the Immigration officer that spoke to me when I was detained in the cages that I feared for my and my son’s lives in Honduras and I did not want to return to that. He said the laws had changed and that now they were deporting parents and keeping the children. Being apart from my son is very painful for me. I come from a very difficult situation in Honduras. I lived 26 DECLARATION OF MARIA ELOINA DUBON M. Page 3 of 3 OFFICE OF THE ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 169 of 322 1 2 3 4 5 with such fear that I could not sleep. I want to be with my son more than anything in the world. I asked why they would not stop this process with my son, and they told me these are the laws. It seems unfair and very cruel to me. My son and I have never been apart for his entire life. His father abandoned us when he was one year old and I am his only parent. 6 7 8 I hereby declare under penalty of perjury under the laws of the state of Washington and the United States that the aforementioned is true and correct. 9 10 ON this day, June 20, 2018 in Seattle, Washington. 11 12 Maria Eloina Dubon Mejia 13 Name: MARIA ELOINA DUBON MEJIA 14 15 16 17 18 19 20 21 22 23 24 25 26 DECLARATION OF MARIA ELOINA DUBON M. Page 4 of 4 OFFICE OF THE ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 QCase Document 30 Filed 07/17/18 Page 170 of 322 Multilingual CONNECTIONS CERTIFICATE OF ACCURACY I certify that the Declaration of Maria Dubon was transiated into English by a translator and editor working for Multilingual Connections who are both competent and qualified to perform translation into this language. These document has not been translated for a family member, friend, or business associate. attest that the final target file is an accurate and complete translation ofthe original Spanish version. 7 MM my" Js-x q/ Date Raudel Caldera Senior Project Manager Multilingual Connections, LLC CI I Subscribed and sworn to before me this American 0? Translators ?6 day NM 20 Association CORPORATIL MEMBER Multilingual Connections, LLC #255450 OFFICIAL SEAL BAUMANN CARY PUBLIC, STATE OF ommissron Expires Jun 15 2020 xii-{3 ?fix/E?s 7FFT If. If? ii. ?I-tlfilil Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 171 of 322 1 2' 31 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 7 STATE OF WASHINGTON, NO. 8 DECLARACION DE Plaintiff, 9 10 11 DONALD TRUMP in his official capacity as President of the United States, et al., 12 Defendants. 13 Yo, , tengo mas de dieciocho anos de edad, 14 tengo conocimiento personal y soy competente para testificar sobre los hechos aqui contenidos, 15 y declaro to siguiente: 16 17 18 19 20 21 22 23 24 25 26 DECLARACI6N DE Page I Of ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 172 of 322 1 2 3 4 5 6 7'', 8 1 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I ECLARACION DE CO Page 2— of Ou `) 901V 1" I ATTORNEY GENERAL of wASUNGTGN 800 Fifth Avenue, Suite Seattle, WA 98104-3188 (206)464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 173 of 322 2 r 3 5(:> 6 7 r g T7 F t 9 10 9 ~ 11 , 12 13 14;x. 15 16 17 18 19 { e4 20 r~ 21 3t~z 22 23 C) 24 CCIAI, l'iV , (X2 25 Y DECLARACI6N DE ~- • .., , ,„ Page of - ATTORNEY GENERAL of WASHNGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 174 of 322 . J qR ,^ 5 6~ g ... , 8 t. A',. 12 13 gy ( 14 15 16 17 18 19 20 ti 21 22 1 ,. °. F. '( 23 24 25 DECLARACI6N DE R Page Of ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206)464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 175 of 322 2 i 3 4 6 8 () 10 ~ 12 13 14 15 17 e 18 r 19 20 , 21.. 22 141) 23 , 24 Q~~° ~,~• 25 DECLARACION DE Page T Of - ~~ ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206)464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 176 of 322 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DECLARACI6N DE 30 ~j Page f- ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206)464-7744 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 177 of 322 1 2 3 4 Declaro bajo pena de perjurio bajo las leyes del estado de Washington y de los Estados Unidos que to anterior es verdadero y correcto. FECHADO este -2 )_ dia de Junio, 2018 en Seattle, Washington. 5 6 Nombre: 7 r 8 9 10 11' 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Page . r ,f _~- ATTORNEY GENERAL OF WASHINGTON DECLARACION DE : q f i_ ( · -·1 '-''-· ~ rJ·.\i l.ti.i ., __ _ ,:,1.c - - · l _ ___ t\ t'l o-~f} tr _ ,r(:_'.., __ _;__b _. _r:r:j ri:lQ _i;li._ __.J t n_-,:1_;1IQ~", _ _ _ 1 .1 on:i' ..J , ,w J ~1--1)c.C.L· -?-~ _ _ __ _,___, · ,~ .~ _ .:-.:1· - ~~Ja c - ~~- L-, r--~-...i...- r-'f"-·_r,..._r_ c c..c.:,le~ """"-"-""".....__ _,_~_\::.._ , r Y-~ u ·.:: i~U. - 1- ,"'5 1 .--: r,~ ·.a...;1_, -~ ,.___.q_.,_- ~-~.i..: l '~~..1.r- (t r, 1Y'l i , ~/- - ~-t.JL . Olf a\ _ r_'J illi~<~ 0 1 1-..! gcir ri- \ HC·~- - , -. • r\\:-. n 1"'1 0 O u-..J 1 l~r- :sr"i ., ro.uc _ __ 1 OfilC._.. ' ..._('J_..._ __ dc._ Clb.~cJ~~u~....._--- 0 ___ ,y_o _c~-:.o.- ~,..q-.lc___p.lC.f.\S~_fl . .., 1· r ~en 9'-l.-... Sw /!C(r'lfJ ..s ;o J_ Y I J.. -:_ \,~ / - -~--_ __ ~ an n ..u.~~-_:_:_.J..l.j...,;i_..:.:..;..._.......!e----1:p:-:-"'--'---"--=--'r=.,..,...,.----.JU.U.~ - -U>...l-~-'f-'..:.=:..::=--- . . db . ':.-- \ ( .. d450'""----l..LL.-~-..;..:..__;_;.....,.__~_._.__________..__~.w.i.::.;_~=----::,..:L..:::.-...:::...i..;;.---4-_ _ y 1 ,, t P. i \T\ .., r n ~ c..e or c CJ bv i~ r ·r k a . nl) ..so mo n Irn; no. es 50 \o V \r ( :;J._.:..:....!..lo~ - ~~__.__:..:.L.:..L>.lr::::..,__~:,..,:_!,_----ii-,..;:_..:..._.=.L..-=..::...;..::.._~~--l--!M.~ ~:....L-- \ mode o..\ Se a.to cnos Scanned with CamScanner Case Document 30 Filed 07/17/18 Page 263 of 322 EXHIBIT 2 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 264 of 322 English Translation of Letter by "Maria" Dear and respected reader, please accept my cordial greeting, hoping that you are in good health alongside those who are around you. After this brief greeting I continue to the following. The reason for this letter is to tell you a little about how I entered the border. I came on the migrant caravan because of threats in my country. Thanks to god we made it to Tijuana. I traveled with my 2 children, one of them 7 years old and the other 2 years old. We all decided to turn ourselves in on Sunday but when we got to the border the agents said that they were going to let 50 people in, but they didn't let them in. They had us waiting and nobody was let in and two days later they started to let in some of our companions of the caravan. On Tuesday, May 2nd, it was my turn to enter with my 2 children. We walked along the bridge to get to the door, and right away we entered inside and they inspected us and then they sent us where the other agents are. They asked me why I came and I answered, to seek asylum, I am afraid of returning to my country. They asked for my documents and my children's birth certificates and my Salvadoran ID and then they took us to a waiting area. Then they called us to take our fingerprints and photos of me and my children. Then they took us to the iceboxes and gave us each a sheet and on Thursday at 5 in the morning they took me to an interview by myself and my children waited in the icebox. Then they sent me back to the icebox and I remained there. On Monday they called my 2 children out and they asked them questions and I just watched them through a window and then they called me and they asked me other questions and then they sent us back in. On Tuesday at about 8am they called just my 2 children and I went out and they said "Miss, only they are going." I asked where and they told me where there are more children. I told them they cannot separate my children from me, they are my children, and I showed them a letter where it said that I am the mother and that they cannot separate them from me. They said that that didn't matter here and they told me to tell them which were their belongings to take them and they told me I had 10 minutes to say goodbye to them. I said, "but why are you taking them away?" And they just said that where you are going they cannot be, they said to say goodbye right away. The older child, when he heard that, started to cry and said to me, crying, "mommy I don't want to go, I don't want them to separate us," and the other child, when he saw the other crying, began to cry as Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 265 of 322 well. I felt so badly I just hugged them and kissed them and told them, "go son, god willing we will be together soon. Take care of your little brother," I said "I love you two very much." Then the officer said "they are here for them. Can the little one walk?" "Yes," I told the officer. "Let him down," they told me. The older one took his hand and they started to walk. Then they turned around to look and when they saw that I was not going after them they cried more and when they were out of sight I asked again where they had taken them. They only told me "to a shelter" and that they would explain to me later and they took me back to the icebox. At about 2 in the afternoon they transported me and I asked again about my children. The officer told me he didn't know anything. I asked another and they said they didn't know but they would ask. Then they came back and said to me "they called your uncle to see ifhe would take them in." And later they took me, cuffed at the feet and hands and waist, to Otay Mesa Detention. I got here and asked and they gave me a call and I spoke to my uncle and he told me that yes, they had called him but they had only asked him to send some documents. Well, I didn't know where they had taken them, so I sent an [ICE information request] the day after I arrived and later my uncle told me where they were but the response to my [ICE information request] didn't come until the 17th. Today I also had my credible fear interview and I am just waiting for the result, and well my children are still in a shelter and I don't know if they will give them to my uncle here. He is doing everything possible for them to give them to him. He has sent various documents that he even had to send for from El Salvador. Another thing, the caravan was very useful for me. Well, it helped me get here, but ifl hadn't learned about the caravan I would have come anyways. Even though it would have been difficult for me I would have come anyways because my children were in danger there and I am only looking out for their well-being, and I know I exposed them but I know they are alive. If I had stayed in El Salvador maybe I wouldn't be here anymore or maybe they wouldn't be here anymore. And let it be clear that I brought them to protect them because I love them and what is happening to me hurts so much that there are times when I don't know what to do, I get so desperate and depressed not having my children with me, and there isn't a second of peace for me while I don't have my children by my side. Not a night goes by without me crying, thinking that they aren't with me and that they need me. Well I just want to tell the Government Committee to put yourselves in my place for a bit and think. I think most of you have children. Think about what you would feel if they separated your children from you for a time. If you could feel the pain I feel as a mother maybe you would Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 266 of 322 understand that it isn't necessary to separate children from their parents because we come fleeing from our countries. Don't you see that they are the ones who suffer the most when they're separated from their parents? And I only ask that you put your hands on your heart for a little bit to feel the pain that parents feel when they are separated from their children. I only tell the president that what he is doing is not okay and that god willing he never has to go feel the pain I am feeling. I tell him that we are not criminals, that we are only people who need asylum to be well with our children. And I tell you not to judge the caravan, because what they have done is help us and I thank them and say that we are not criminals, and god willing everything will be okay and I trust that god will help me. I am not someone who is just talking or writing. I am a mother who is desperate for her children. They are so unjust for separating us from them, but I have faith that god will touch your hearts. And another thing: we are not criminals or animals. Well with that I bid farewell. Sincerely, Maria I, Alexander Mensing, do swear and confirm that I am fluent in the Spanish and English languages and that the foregoing is a true and accurate English translation of the Spanish-language original to the best of my knowledge. Alexander Mensing May 20, Date 2018 Case Document 30 Filed 07/17/18 Page 267 of 322 Exhibit 25 AUCase Document 30 Filed 07/17/18 UNITED STATES DISTRICT COURT Page 268 of 322 WESTERN DISTRICT OF WASHINGTON STATE OF WASHINGTON, NO. Plaintiff, DECLARATION OF CONGRESSMAN EARL v. BLUMENAUER DONALD TRUMP in his of?cial capacity as President of the United States, et al., Defendants. 1, Earl Blumenauer, declare as follows: 1. I am over the age of 18 and have personal knowledge of all the facts stated herein. 2. I currently serve as the US. Representative from the State of Oregon's Third Congressional District, which includes much of Multnomah and port tons of Clackamas counties, and most of the City of Portland. In the House of Representatives, I serve on the Committee on Ways and Means. DECLARATION OF CONGRESSMAN 1 EARL BLUMENAUER Oregon Department of Justice l00 SW Market St Portland, OR 97201 Tel: (971)673-1880/ Fax: (971) 673-5000Error! AutoText entry not de?ned. AWN Case Document 30 Filed 07/17/18 Page 269 of 322 3. As a US. Representative, I am committed to ensuring that every person in Oregon receives the rights and protections guaranteed under the US. Constitution and all applicable laws. 4. On June 7, 2018, I learned that the Trump Administration had transferred over one hundred immigrants to Sheridan Federal Prison in Sheridan, Oregon, which is near my Congressional District. Based on news reports and other sources, I was these immigrants had been separated from their children at the souther Trump administration's recently adopted family-separation policy. I vs these immigrants were seeking asylum in the United States. . concerned that some of border due to the 'as also concerned that 5. I requested access to the federal prison so that I could evaluate the conditions of detention and speak with the immigrants detained inside. My request was granted. 6. On June 16, 2018, I visited the Sheridan federal prison. US. Immigration and Customs Enforcement (ICE) was detaining 123 facility?all men. The men came from more than 10 different countrie southeast Asia. A number of the men were from Honduras, Cuba, El and many were Spanish speakers. 7. Facility staff told me that they. only recently learned of just before immigrants were transferred. There, I learned that immigrants at the 3, including several in Salvador, and Guatemala, the immigrants' arrival 8. The Sheridan federal prison is surrounded by layers of barbed wire. The security is extremely tight. They carefully checked our IDs, sent us through a metal detector, and stamped our hands. Then we entered a separate room where we were shut in until an ultraviolet light checked our hands. Armed guards are everywhere. EARL BLUMENAUER Tel: (9'1 100 SW Market St Portland, OR 97201 )673-l 880 Fax: (971) 673-5000Error! AutoText entry not de?ned. Case Document 30 Filed 07/17/18 Page 270 of 322 9. I spent nearly one and a half hours meeting with the 123 men, almost all of whom are asylum seekers. Despite their seeking asylum, the men had told us they not been given an opportunity to be heard on their claim of credible fear, the basis for asylum, and instead had been incarcerated without any adjudication. 10. A number of the men are fathers who were forcibly separated from their children, ranging in age from 1?year-olds to teenagers. Most were asking for asylum because they experienced violence or persecution in their home countries. Several had traveled to the border with a wife and a child, or children; none knew where their family members are. 11. to Border Patrol to request asylum. Most have been held in one deten over a month. 12. them mixing with the regular prison population, which contains persc felonies. The other non-immigrant prisoners get far more time out of 13. I learned that many of the fathers have not been given attorney. l4. DHS custody, often shortly after being detained, without explanation opportunity for communication post-separation. 15. A number of the fathers presented themselves with their children at the border, tion facility or another for I learned that the men are being held in their cells for 22 hours a day, to prevent ms convicted of federal ~cells. access to a phone or an I learned that the fathers were separated from their wives and children while in and with no promise or I learned that the fathers were suffering from physical, emotional, or trauma as a result of being forcibly separated from their children. DECLARATION OF CONGRESSMAN 3 EARL BLUMENAUER Oregon Department of Justice 100 SW Market St Portland, OR 9720] Tel: (S 7l 673-1880 Fax: (971)673-5000Error! AutoText entry not de?ned. 4sCase Document 30 Filed 07/17/18 16. home countries. 17. spoke with Spanish speakers who were separated from their families. left their home countries and what they expected would happen to the One man said that people who had threatened his safety had burned hi believed they were going to come and kill him next. He sought safety The men we spoke with were divided into groups by n2 Page 271 of 322 Some of these fathers described leaving violent and dangerous situations in their ltive language. First we We asked them why they if they were sent back. 3 property, and he for himself and his family in the United States, but instead of getting an opportunity to make a case to an immigration judge, he was separated from his wife and child and incarcerated in a federal prison. One of the men we spoke with came here with his wife and two children, ages 5 and 18 months. They were separated at the border and he did not know where any of them were. 18. A Spanish-speaking man showed us where he had been shot, twice. When asked if he was able to see a doctor since being detained, he said no. Another man li?ed his pant leg and showed us what looked like an open wound on his leg. He had not received any medical care for this wound since coming to the Sheridan federal prison in Oregon. 19. Most of the men had not spoken with a lawyer who could explain their rights. Only one showed us a lawyer?s business card. They said that it was hard to make calls; they either didn?t have money for phone calls or didn?t know who to call. One man said he was given a piece of paper with a lawyer?s phone number, but it was with guards took his clothes away. DECLARATION OF CONGRESSMAN 4 EARL BLUMENAUER Tel: (97 his clothes and the Oregon Department of Justice 100 SW Market St Portland, OR 97201 Fax: (971)673-5000Error! Auto'l?ext entry not de?ned. Case Document 30 Filed 07/17/18 20. Page 272 of 322 These stories we heard were compelling and disturbing. These men were victims of horri?c crimes or unbearable persecution. Instead of getting information about their rights to request asylum, they were treated as criminals. 21. It is not a crime to come to the United States and request asylum. It is protected by international treaty. Even if these men are not able to win their case in front of an immigration judge, they have the right to present that case. And they :ertainly should not be held in prison like serious felons or separated from their families while their cases are pending. 22. children, especially the young children, and their families. The unnec will have detrimental consequences for the children for years to come of Pediatrics has said separating families will cause irreparable harm, understand instinctively. 23. Having met with these detainees, I am extremely concerned about these fathers? essary and cruel trauma The American Academy which all parents I am very concerned about the rights of the men and how they are being treated at a prison. We heard that someone at the prison told some of the men that if they didn?t sign a voluntary agreement for deportation, they could be in the federal prison for ?ve years. With the stress of being incarcerated, two men signed. That kind of coercion is unacceptable, and likely illegal. 24. The United States of America was built by immigrants and has for centuries offered immigrants an opportunity to build a life with freedom and hard work. That?s the American Dream. Today the Trump Administration and Attorney General Jeff Sessions are turning a blind to our nation?s rich welcoming history and causin innocent children. It?s abhorrent and it must stop. DECLARATION OF CONGRESSMAN 5 EARL BLUMENAUER long-term damage to Oregon Department of Justice 100 SW Market St Portland, OR 9720] Tel: (971)673-1880 Fax: (971) 673-5000Ermr! AutoText entry not de?ned. Case Document 30 Filed 07/17/18 Page 273 of 322 25. Many of the men I spoke with were extremely upset. The fathers expressed great fear about their children's whereabouts and safety, as well as fear and confusion about their detention and treatment after arriving at the border seeking asylum. The men appeared visibly traumatized by their experience with US. immigration of?cial . (I) I declare under penalty of perjury under the laws of the State of Oregon and the United States of America that the foregoing is true and correct. DATED this 26f? day of June, 2018 at (wa DECLARATION OF CONGRESSMAN EARL BLUMENAUER Oregon. Earl Blumenauer US. Representative for the State of Oregon Tel: Oregon Department of Justice 100 SW Market St Portland, OR 97201 97] 673-1880 Fax: (971 673-5000Error! AutoText entry not de?ned. Case Document 30 Filed 07/17/18 Page 274 of 322 Exhibit 26 Case Document 30 Filed 07/17/18 Page 275 of 322 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON STATE OF WASHINGTON, NO. Plaintiff, v. DECLARATION OF CONGRESSWOMAN PRAMILA DONALD TRUMP in his of?cial JAYAPAL IN SUPPORT OF THE capacity as President of the United States, STATE OF WASHINGTON et al., Defendants. I, Pramila Jayapal, declare as follows: 1. I am over the age of 18 and have personal knowledge of all the facts stated herein and am competent to testify about them. 2. I currently serve as the US. Representative from the State of Washington?s 7th congressional district, which encompasses most of Seattle and surrounding areas in King County. I serve on a number of House committees, including as Vice Ranking Member of the House Budget Committee and as a member of the Subcommittee on Immigration and Border Security. I also serve on a number of congressional caucuses, including as Co-Chair of the Women?s Working Group on Immigration. DECLARATION OF PRAMILA 1 ATTORNEY GENERAL or WASHINGTON lL't?nt' JAYAPAL IN SUPPORT OF THE STATE 836?; OF WASHINGTON Seattle, WA 98104-3188 (360) 709-??0-7744 Case Document 30 Filed 07/17/18 Page 276 of 322 3. As a U.S. Representative, I am committed to ensuring that every person in Washington receives the rights and protections guaranteed under the U.S. Constitution and all applicable laws. 4. As the ?rst Indian-American woman in the House of Representatives, I have spent the last twenty years working internationally and domestically as a leading national advocate for women?s, immigrant, civil, and human rights. 5. I began working in international public health in 1991 at Program for Technology in Health (PATH), a nonpro?t based in Seattle. At PATH, I served for several years as the director of the Fund for Technology Transfer, a loan fund that provided capital for socially reSponsible health projects, including primary health clinics, small businesses, and micro-credit programs across Africa, Latin America, and Asia. 6. After the September 11, 2001 attacks, I founded the nonpro?t Hate Free Zone (now OneAmerica). I served as Executive Director for 11 years, growing the organization to be the largest immigrant advocacy organization in Washington State and one of the largest in the country. Under my leadership, OneAmerica successfully worked to stop the deportations of thousands of Somalis across the country; to help end Special Registration of Muslims and Arabs; and to lead the ?ght for comprehensive immigration reform. OneAmerica also led the effort to establish an Of?ce of Immigrant Refugee Affairs in Seattle, and to make Seattle one of the ?rst cities to ban asking about immigration status by law enforcement or city of?cials. 7. I also have led a national coalition, We Belong Together, to bring a gender lens to immigration reform. The coalition played a key part in adding important provisions in the 2013 comprehensive immigration reform bill that ultimately passed the U.S. Senate with 68 bipartisan votes, but was stalled in the House. 8. On June 7, 2018, I learned that the Trump Administration had transferred a large number of immigrants to SeaTac Federal Detention Center in Seattle. I suspected that DECLARATION OF PRAMILA 2 ATTORNEY GENERAL OF WASHINGTON lLit' JAYAPAL IN SUPPORT OF THE STATE 3335?}. OF WASHINGTON Seattle, WA 98104-3188 (360) 7119-6470-7744 AWN Case Document 30 Filed 07/17/18 Page 277 of 322 some of these immigrants had been separated from their children at the southern border due to the Trump administration?s recently ad0pted family-separation policy. 9. I requested access to the federal detention center so that I could evaluate the conditions of detention and Speak with the immigrants detained inside. My request was granted. 10. On June 9, 2018, I visited the detention center. There, I learned that US. Immigration and Customs Enforcement (ICE) was detaining 206 immigrants at the facility? 32 men and 174 women. The women came from 16 different countries, but the vast majority were from Honduras, Cuba, El Salvador, and Guatemala, and approximately 90 percent were Spanish Speakers. 11. Facility staff told me that they only learned of the immigrants? arrival the day the immigrants were transferred, pursuant to a Memorandum of Agreement. 12. I spent nearly three hours meeting with the 174 women, almost all of whom are asylum seekers. Over a third of the women are mothers who had been forcibly separated from their children, who range in age from l-year-old to teenagers. A number of the mothers had presented themselves with their children to Border Patrol to request asylum. Most have been held in detention for more than two weeks and many for over a month. 13. The mothers reported being separated from their children while in DHS custody, often shortly after being detained, without explanation, and with no promise or opportunity for communication post-separation. One woman stated that her six-year?old daughter was taken away on her second day in custody; she has not had any contact with her daughter since then. Another woman explained that she was told she would be taken to see a judge; when she returned, she was taken to a different cell and her children were gone. One woman said that her child?who is now with the woman?s sister?has not stopped crying and asking for her mom. DECLARATION OF PRAMILA 3 ATTORNEY GENERAL OF WASHINGTON lL't? 1' JAYAPAL IN SUPPORT OF THE STATE 8:315:13 Azgraugiguitgolgg OF WASHINGTON Seattle, WA 93104-31113 (360) 709-64704?? Case Document 30 Filed 07/17/18 Page 278 of 322 14. Some of the mothers explained that when they were detained, the parents were placed in one line and their children in another. The mothers were not given the opportunity to say goodbye to their children prior to being separated. Almost all of the mothers had not spoken with their children in weeks and have no idea where their children are. 15. The mothers reported suffering from physical, emotional, or trauma as a result of being forcibly separated from their children. Some were told that they would ?never see [their] children again," that they would have to give their children up for adoption, or that their ?families no longer existed.? One mother is not eating because she is claustrophobic, and traumatized because of?cers have told her that she will be deported but that her children ?will stay with us.? She says she has been hospitalized twice. She explained to me that she ?ed Honduras because gangs were terrorizing her clothing business and had made death threats. She has not spoken with her children in over two weeks. 16. Some of these mothers described leaving violent and dangerous situations in their home countries. One mother ?ed her home country because her husband was imprisoned for raping a young child, and the woman feared for her 12-year-old daughter. This mother had had her 8- and 12-year-old children taken from her at the border and had not seen them for several weeks at the time of our conversation. Another mother from Guatemala said that her 14-year?old child was killed nine months ago; another child was paralyzed in a shooting; and she left bringing one of her children who had not been shot because she feared that gangs would harm her and her other child. Another woman said that she ?ed her home country after her husband?a police of?cer in her home country?was shot by gangs; she fears being killed if she returns. According to facility staff, 29 immigrants were identi?ed as having a history of victimization and were being provided counseling. 17. The women reported sub-standard conditions of con?nement prior to arriving at the Federal Bureau of Prisons facility in SeaTac. Women reported being detained in rooms with 12-16 people where they slept on the ?oor without blankets, or with dirty blankets. DECLARATION 01: A 4 ATTORNEY GENERAL or WASHINGTON Com I L?t' t' JAYAPAL IN SUPPORT OF THE STATE 12,3; OF WASHINGTON Seattle, WA 98l04-3188 (360} 709~6470~7744 111 Case Document 30 Filed 07/17/18 Page 279 of 322 Many referred to some of the facilities in which they had been held by Spanish nicknames such as the ?hielera??the Spanish word for ?ice box??due to ?'igid, cold conditions. They also described being held in inhumane fenced cages, which they called ?perrera??the Spanish word for ?dog pound.? The women were not given opportunities to shower or bathe. One woman said she was not fed for four days; another for seven days. Others reported that they had had no clean drinking water, in one case for ?ve days. They also complained of minimal food and of being fed frozen food. 18. The women also reported suffering from verbal abuse and humiliation. For example, women described being mocked for crying, and being told that they were ??lthy? and ?stinky.? Some describe being treated like animals. One woman said that if she sat, she was screamed at to stand up. 19. Some women also suffered physical trauma as a result of their detention. One woman reported that she was hit in the face twice by the of?cer who apprehended her. Another said that her wrists hurt from being handcuffed, and another reported being chained on the plane which resulted in her legs and arms swelling. 20. The women I spoke to were extremely upset. Many of the women cried during our meeting. The women expressed great fear about their children?s whereabouts and safety, as well as fear and confusion about their detention and treatment after arriving at the border seeking asylum. The women appeared visibly traumatized by their experience with U.S. immigration of?cials. 21. Women reported that Border Patrol agents told them to tell their stories to other potential immigrants who wished to cross the border to deter them from coming. I declare under penalty of peijury under the laws of the State of Washington and the United States of America that the foregoing is true and correct. DATED this 15th day of June, 2018 at Seattle, Washington. DECLARATION 01: A 5 ATTORNEY GENERAL OF WASHINGTON I L't'at' JAYAPAL IN SUPPORT OF THE STATE 113315-11: OF WASHINGTON Seatlic,WA 98104-3188 (360) 709-6470-7744 Case Document 30 Filed 07/17/18 Page 280 of 322 DECLARATION OF PRAMILA JAYAPAL IN SUPPORT OF THE STATE OF WASHINGTON ATTORNEY GENERAL OF WASHINGTON Litigation Division 300 Fi?h Avenue. Suilc 2000 Seattle, WA 98 [04-3188 (360) 709-??0?7744 Case Document 30 Filed 07/17/18 Page 281 of 322 Exhibit 27 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 282 of 322 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 2 3 4 5 STATE OF WASHINGTON, et al. 6 7 Plaintiffs, v. 8 9 10 NO. 2:18-CV-00939-MJP THE UNITED STATES OF AMERICA, et al. Defendants. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DECLARATION OF MARJEAN A. PERHOT Case Document 30 Filed 07/17/18 Page 283 of 322 I, Marjean A. Perhot, hereby declare the following: I. I am over the age of 18 and have personal knowledge of all the facts stated herein. 2. I am the Director of Catholic Charities Archdiocese of Boston Re?Jgee and Immigration Services (?Catholic Charities") in Boston, Massachusetts. 3. have been in the ?eld of serving refugees and immigrants for over 23 years and in my current role for 13 years. I have worked on issues affecting unaccompanied minors for over IO years, including direct services, referrals, and local and national advocacy. 4. I have either personal knowledge of the matters set forth below or, with respect to those matters for which I do not have personal knowledge, I have reviewed information gathered for me in my professional capacity. 5. Catholic Charities, through its 85 programs in 27 locations in Massachusetts serves all people in need regardless of race, religion, orientation, legal status or origin. Catholic Charities has speci?c programs to serve unaccompanied (alien) children in Massachusetts: direct representation, family reuni?cation case management, and legal orientation. 6. Currently, in our Immigration Legal Services program, our attorneys represent 45 Massachusetts UACs in various stages of immigration proceedings. The UACS we represent have all been victims efviolcnce, sexual or physical abuse, or neglect, and some are victims of traf?cking. All these UACs need signi?cant social and mental health support in addition to direct representation. 7. In partnership with the US. Conference of Catholic Bishops, Catholic Charities provides family reunification services to UACs released from the care of the Of?ce of Refugee Resettlement pending their immigration court proceedings. Our services include case management, referrals for legal representation and mental health, basic needs and social supports. Among the hundreds el? UACs who are placed with Massachusetts-based sponsors IQ Case Document 30 Filed 07/17/18 Page 284 of 322 each year, an average of 1% receive case management services from Catholic Charities. In the last ?ve years, Catholic Charities has served 122 UACs in this program. 8. Pursuant to a contract with the Executive Of?ce for Immigration Review, Catholic Charities also provides a Legal Orientation for Custodians Program for UACs and their sponsorshand ?Jl of LOPC providers in the country. LOPC services include orientation to the Immigration Court system, overview of options for immigration relief, referrals to immigration attorneys and self-help workshops. All services provided are in an effort to decrease the number of UACs who fail to appear in Immigration Court and therefore have their cases decided in absentia. Through the LOPC, Catholic Charities has served over 1,500 UACs in Massachusetts. 9. In recent months, three parents or caregivers in Massachusetts who participated in our LOPC reported having been separated from their children at the border. One father reported it took him 5 days to ?nd out where his daughter was being held by ORR and that they remain separated. Another caregiver reported that her 1 1 year old niece was separated from her mother at the border and they have not be reunited yet. Finally, a father reported that his 8 year old son was separated from his mother at the border. He has been reunited with his son, but the mother is still separated. IO. Historically, the UACs served by Catholic Charities were actually unaccompanied, meaning they crossed the border without a parent and were apprehended, transferred to ORR custody, and then released to a relative or other sponsor in Massachusetts (a?er proper vetting). In recent months, however, Catholic Charities has encountered children in Massachusetts who were classi?ed as UACs because they were separated from a parent by federal of?cials after crossing the border. In October 20l 7, we provided case management services to two boys in Massachusetts who were separated from their parent(s) at the border. In the case of one of boys, we were asked to provide post-release case management alter the boy attempted suicide while NJ Ch LII 42?- DJ Is) 00 I9 Case Document 30 Filed 07/17/18 Page 285 of 322 in ORR custody due to his trauma ?'om being separated from his father. In general, all children who cross the border, whether unaccompanied or with a parent, have undergone an unusual amount of trauma, often ?eeing violence or death, or due to the perils of a long journey from their home country to the United States border. 12. The trauma UACs have experienced after having made their way from their home countries to the United States and then to Massachusetts is signi?cant and results in complex and challenging service and case management needs. For example, some of our UACs witnessed the death of a loved one in their home country and now, even though in a safe environment, cannot escape nightmares or anxiety. Many of the UACs we serve have depression and need counseling, but there is a lack of bilingual mental health services. Most UACs face a long legal challenge to be allowed to remain in the United States and earn lawful permanent residence. However, there are not enough reputable and affordable immigration attorneys. 13. Children who have been forcibly separated from their parents face not only this trauma, but also the trauma of having been torn from their parents, placed in detention or shelter, and brought to new places and people that they may not know. 14. Based on our experience with UACs in general, as well as with those who are unaccompanied due to family separation, Catholic Charities anticipates that migrant children who arrive in Massachusetts after suffering the trauma of having been separated from their parents will likely require a variety of intensive case management, basic provisions (food, clothing), mental health care, and legal services. 15. They may access these services through state?funded programs, including MassHealth, emergency rooms for medical care, and possibly the Department of Children and Families. Due to the lack of an immigration legal status that confers public bene?ts, UACs cannot access TANF, SNAP, or public bene?ts, except for Massl lcallh Limited. In our current caseload of UACs, the only bene?ts some UACs are able to access are WIC and MassHealth Limited until they reach 18 years of age. ($0!th NJ Case Document 30 Filed 07/17/18 Page 286 of 322 16. These children will also enroll in Massachusetts public schools. Many will experience particular dif?culty adjusting to school due to trauma, anxiety, and other mental health needs that result from being separated from their parents. As a result, they may require additional services, such as intensive English language training, customized education plans, and after-school activities while their caregivers are at work. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on this 29?h day of June, 2018 at Boston, Massachusetts. MARJEAN A. PERHOT Case Document 30 Filed 07/17/18 Page 287 of 322 Exhibit 28 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 288 of 322 1 2 3 4 UNITED STATES DISTRICT COURT 5 WESTERN DISTRICT OF WASHINGTON 6 STATE OF WASHINGTON, W.D. Wash. Case No. ____________ 7 Plaintiff, 8 DECLARATION OF TARA FORD IN SUPPORT OF PLAINTIFF’S PRELIMINARY INJUNCTION v. 9 10 11 DONALD TRUMP in his official capacity as President of the United States, et al., Defendants. 12 13 14 I, Tara Ford, declare as follows: 15 1. I am over the age of 18 and have personal knowledge of all the facts stated herein except as to 16 those facts which are stated on information and belief, and as to those facts I believe them to 17 be true. 18 19 20 2. I am an attorney licensed to practice in the State of New Mexico. I graduated from Stanford Law School in 1993, and have worked continuously over the last 25 years as a child advocate. 3. I am the Clinical Supervising Attorney for the Youth & Education Law Project at Stanford 21 Law School’s Mills Legal Clinic, an in-house teaching clinic working with economically 22 disadvantaged children and their families in education–related matters. 23 4. I am a founder of Pegasus Legal Services in Albuquerque, New Mexico, a private, non-profit 24 agency that serves the civil legal needs of New Mexico’s vulnerable children and youth. 25 5. Since its founding in in 2002, Pegasus has partnered with private and community foundations, 26 individuals and business donors to provide legal representation for New Mexico children in 27 the fields of education and youth law, kinship guardianship, child abuse and neglect. 28 DECLARATION OF TARA FORD IN SUPPORT OF PRELIMINARY INJUNCTION 1 Washington v. Trump, No. Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 289 of 322 1 6. The mission of Pegasus is “to promote and defend the rights of children and youth to safe, 2 stable homes, quality education and healthcare, and a voice in decisions that affect their 3 lives.” 4 5 6 7 7. As part of that mission, we at Pegasus emphasize that the right of children to participate in determining their placement, education, services—and their futures—is paramount. 8. At Stanford, I train future lawyers to build awareness, capacity and expertise to represent and advocate for the rights of children in the courts and in the community. 8 9. As housing solutions are quickly contrived for children who appear at the country’s southern 9 border, appear unaccompanied or who were separated from their families under the Zero 10 Tolerance policy of the current administration, I am confident that children’s rights have been 11 or will be violated and that the State of New Mexico will be ill-prepared to provide a healthy 12 environment for them should they be placed in New Mexico. In addition, placing children and 13 their families in military facilities under these circumstances conflicts with well-established 14 New Mexico law. 15 10. I am informed and believe based on published audit information that children held at the 16 Otero County ICE detention center in Southern New Mexico lived with unsanitary bathrooms 17 and were subjected to unjustified lock-downs and solitary confinements, and that the 18 privately-operated facility was exempted from ICE’s standards for recreational opportunities 19 and natural light. 1 20 11. Research demonstrates that restraint and seclusion, such as solitary confinement, are 21 ineffective methods of behavioral control and result in severe physical and psychological 22 harm to children, 2 especially to children who have already experienced trauma. New Mexico 23 1 Office of Inspector General “Concerns About ICE Detainee Treatment and Care at 24 DetentionSee Facilities” (Dec. 11, 2017) available at: (last visited on June 25 https://www.oig.dhs.gov/sites/default/files/assets/2017-12/OIG-18-32-Dec17.pdf 28, 2018); see also Las Cruces Sun News, “Problems at Otero County ICE detention center found in 26 audit, December 23, 2017.” 2 David Weissbrodt, Willy Madeira, Daniel Stewart, and William Dikel, Applying International 27 Human Rights Standards to the Restraint and Seclusion of Students with Disabilities, 30 LAW & INEQ. 287 28 (2012), available at http://scholarship.law.umn.edu/faculty_articles/. See also, Seclusions and Restraints: DECLARATION OF TARA FORD IN SUPPORT OF PRELIMINARY INJUNCTION 2 Washington v. Trump, No. Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 290 of 322 1 law protects children from these practices in treatment centers and in schools. N.M. Stat. 2 Ann. § 32A-6A-9; § 22-5-4.12. Allowing a child to be placed in unjustified lock-downs and 3 solitary confinements violates a child’s right to be free from improper and harmful restraint 4 and seclusion. 5 12. Over the last two decades representing children, I have witnessed firsthand the trauma 6 children experience when they are separated from their families. The research I have reviewed 7 confirms what we see in the field – that children need to be with loving parents or caretakers. 8 I am informed and believe that separation from loved ones is one of the most profound 9 traumas a child can experience. 3 10 13. Research also shows that exposure to trauma can lead to palpable, physiological harm to a 11 young person’s developing brain. I am informed and believe that trauma is associated with 12 mental health conditions, developmental disruption and consequent educational loss for 13 children. 4 14 14. New Mexico law protects family preservation. “It is the policy of the state that its laws and 15 programs shall: 16 A. Support intact, functional families and promote each family’s ability and responsibility to 17 raise its children; 18 B. Strengthen families in crisis and at risk of losing their children, so that children can 19 remain safely in their own homes when their homes are safe environments and in their 20 communities; 21 22 Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers, U.S. Government Accountability Office (2009) found at: https://www.gao.gov/new.items/d09719t.pdf (last visited June 28, 23 2018) 24 3 The Nat’l Child Traumatic Stress Network, Children with Traumatic Separation: Information for Professionals 2, https://www.nctsn.org/sites/default/files/resources//children_with_traumatic 25 _separation_professionals.pdf. 26 4 Bruce D. Perry & Ronnie Pollard, Homoeostasis, Stress, Trauma, and Adaptation: A Neurodevelopmental View of Childhood Trauma, 7 CHILD ADOLESC. PSYCHIATR. CLIN. N. AM. 33, 36 27 (1998). See also Ray Wolpow et al., The Heart of Learning and Teaching: Compassion, Resiliency, 28 and Academic Success 12, 13 (Wa. State Off. of Superintendent of Pub. Instr., 3d prtg. 2016). DECLARATION OF TARA FORD IN SUPPORT OF PRELIMINARY INJUNCTION 3 Washington v. Trump, No. Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 291 of 322 1 2 3 4 C. Promote the creation of well-paying, stable jobs so that families can provide for their basic needs, including health, education, food, clothing and shelter, and D. Halt the breakup of the nuclear family, stabilize neighborhoods and strengthen communities. 5 N.M. Stat. Ann. § 40-15-3. 6 15. New Mexico law recognizes the importance of keeping children with their loved ones and 7 promoting safe home environments for children in the community. Hastily placing immigrant 8 children and families in military facilities is contrary to established New Mexico policy. 9 16. For these reasons, I oppose plans to house immigrant families in military facilities pending 10 adjudication and, in circumstances where children already have been separated from and not 11 returned to their families, the continued separation of children from their parents. 12 13 I declare under the laws of the State of Washington and of the United States of America that 14 the foregoing is true and correct. 15 Executed this 29th day of June, 2018 at Stanford, California. 16 17 Tara Ford Clinical Supervising Attorney YOUTH AND EDUCATION LAW PROJECT MILLS LEGAL CLINIC STANFORD UNIVERSITY 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF TARA FORD IN SUPPORT OF PRELIMINARY INJUNCTION 4 Washington v. Trump, No. Case Document 30 Filed 07/17/18 Page 292 of 322 Exhibit 29 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 293 of 322 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 STATE OF WASHINGTON, et al., 10 11 NO. 2:18-cv-00939 - MJP Plaintiffs, DECLARATION OF ALISON M. GRIFFITH v. 12 DONALD TRUMP in his official c pacity as President of the United States, et 13 ., Defendants. 1 I, Alison M. Griffith, declare as follows: 16 1. I am over the age of 18 and have personal knowledge of all the facts stated 2. I am a Staff Attorney in the Refugee and Immigrant Program at The Advocates 17 herein. 18 19 20 for Human Rights, a Minneapolis based non-profit organization. In that capacity, I represent individuals eligible for relief from deportation before U.S. Citizenship and Immigration 21 22 23 Services and the Executive Office for Immigration Review (Immigration Court). Our office primarily represents asylum seekers, but this affidavit focuses on my representation of a child 24 forcibly separated from her parents and urgently seeking voluntary departure from the United 25 States. 26 DECLARATION OF ALISON M. GRIFFITH 2:18-CV-00939 - MJP 1 Error! AutoText entry not defined. Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 294 of 322 1 2 3 3. Beginning in June of 2018, I began representing an 8-year-old girl from Guatemala who desperately wants to return to her mother and father and four younger siblings in Guatemala. 4 4. In connection with my representation of this child, I have interviewed both her 5 6 7 and her father. I interviewed the child in person at my office, and her father via an international telephone call, as he currently resides in Guatemala. 8 Family Life In Guatemala 9 5. 10 My client's· father shared that his family is extremely poor. He struggles to give his children basic nutrition, clothing and educational opportunities. His goal for them is that 11 they have a better life, so they do not have to struggle as he and their mother have struggled all 12 13 14 their lives. He also reports that the family lives in a dangerous environment, including a significant presence of criminal groups who kidnap children and rob both children and adults. 15 He fears that his daughters will be kidnapped and harmed, in the same way that so many 16 individuals in the region where he resides have been. He became particularly afraid for his 17 family's safety after a man was murdered at work in a nearby town by an unknown criminal 18 group. Based on autopsy results, the man was brutally beaten and knifed in the stomach and 19 died as a result of those injuries. 20 21 22 Journey Of Father And Child To The United States 6. In November of 2017, my child client and her father traveled to the U.S. 23 seeking safety and a better life. My client and her father suffered on their journey to the U.S.- 24 they went days with little sleep and sometimes no more than a soda for nourishment in an 25 26 DECLARATION OF ALISON M. GRIFFITH 2:18-CV-00939 - MJP 2 Error! AutoText entry not defined. Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 295 of 322 1 2 3 entire day. However, my client's father was desperate, after trying for many years to work hard enough to offer his family a safer, better life in Guatemala and finding no way to do so. 7. Shortly after my client and her father reached the U.S. border, they encountered 4 Customs and Border Patrol Officers who requested papers from them and then arrested them. 5 6 8. After their arrest, my client and her father were told by Border Patrol officers 7 they could not stay together. My child client described her and her father's encounter with 8 Border Patrol in this way: 9 My papa explained that he wanted to stay with me, his daughter. I also told the officer the same thing, that I wanted to stay with my papa. The officer said that parents cannot go with their children and took my father to jail. I was very sad and cried a lot when we were separated. My papa cried a lot too. I did not know at that moment where I would go. A woman took me after that to another place. 10 11 12 13 9. My client's father recalls that he was not told where his child was being taken. He recalls that his daughter was holding onto him, with her arms around his stomach, begging 14 to stay with him, and that Border Patrol officers forcibly pulled the child away as she embraced 15 16 17 18 him. He recalls that the officers told him not to bring his other children to the U.S., since they would have to stay in the U.S. and the adults would face immediate deportation. 10. After his daughter was taken away, my client's father asked repeatedly for 19 information about her whereabouts. For fifteen days, no officer would tell him where she was. 20 He spent many sleepless nights while detained, worrying and wondering where she was and 21 when he would be able to talk to her. He became sick, and began to have stomach problems. 22 He asked the Border Patrol officers for medication, but they paid no attention to this request. 23 24 25 He was only able to receive treatment for these medical issues after he was deported back to Guatemala. 26 DECLARATION OF ALISON M. GRIFFITH 2:18-CV-00939 - MJP 3 Error! Auto Text entry not defined. Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 296 of 322 1 2 3 11. After about 15 days, one officer finally agreed to "do him a favor" and looked his daughter up in some information system to which the officer had access. Using that system the officer verified that my client was in New York at a shelter and told my client's father. 4 However, it was not until after my client's father was deported to Guatemala that they were 5 6 finally able to speak to one another. 12. 7 While my client's father was detained, he repeatedly told Border Patrol officers 8 that he wanted to fight his case. He was told that he would be unable to fight the case and that 9 instead he would be deported. He remembers that one officer told him that he should not try to 10 fight his case because he would have to spend 8 to 12 months detained while fighting to stay in 11 the United States. When he heard that, he thought of his children going so many months with 12 13 14 15 no financial support and decided that the officers were right to tell him he should not fight to stay. 13. While my client's father was detained and for some time after he was deported, 16 my client was placed by the Office of Refugee Resettlement in federally licensed foster care 17 placements in New York for several months while the ORR completed their procedures for 18 evaluating whether her aunt, who resides in Minnesota, would be a safe and proper placement 19 for the child. Once their evaluation was complete, they released the child to her aunt, and 20 21 22 assigned a social worker to conduct post-release services to the child. 14. The child has lived in Minnesota for several months. However, the child's aunt 23 reports that the child continues to cry herself to sleep, missing her family and wanting only to 24 go home to them. Distracted by thoughts of returning to her family, she struggles to 25 concentrate in school. 26 DECLARATION OF ALISON M. GRIFFITH 2:18-CV-00939 - MJP 4 Error! AutoText entry not defined. Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 297 of 322 1 2 3 15. My client reports that she wants to go back to "my mama and my papa, and my three little sisters and my little brother" as soon as possible. After being separated from her father, she has no interest in remaining in the United States, even if she has a valid claim to 4 legal status here. Therefore, respecting her wishes and those of her family, my office is seeldng 5 6 7 8 9 10 Voluntary Departure on her behalf. I declare under penalty of perjury under the laws of the State of Minnesota and the United States of America that the foregoing is true and correct. DATED this .{(bJ/1- day of ,J /.:1f1&..--, 0 .AlY\ At;'P tz'- 2018 at » I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DECLARATION OF ALISON M. GRJFFITH 2:18-CV-00939 - MJP 5 Error! AutoText entry not defined. Case Document 30 Filed 07/17/18 Page 298 of 322 Exhibit 30 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 299 of 322 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 9 STATE OF WASHINGTON, et al., Plaintiff, 10 DECLARATION OF BITTA MOSTOFI, COMMISSIONER, MAYOR’S OFFICE OF IMMIGRANT AFFAIRS v. 11 12 NO. 18-cv-00939 DONALD TRUMP in his official capacity as President of the United States, et al., 13 Defendants. 14 I, Bitta Mostofi, declare as follows: 15 1. I am over the age of 18 and state the following facts upon information and 16 belief, based upon conversations with knowledgeable parties. 17 2. I am the Commissioner of the City of New York’s Mayor’s Office of Immigrant 18 Affairs. I have been employed by the Mayor’s Office of Immigrant Affairs since 2014. In my 19 capacity as Commissioner, I provide advice and guidance to the Mayor and staff in other 20 divisions of the Mayor’s Office and other City agencies on a range of issues related to 21 immigration. 22 3. The Mayor’s Office of Immigrant Affairs, established in the Charter of the City 23 of New York in 2001 by referendum, develops and implements policies designed to assist 24 immigrants across the city.1 25 26 1 NYC Charter § 18. DECLARATION OF BITTA MOSTOFI 1 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 300 of 322 1 4. The Mayor’s Office of Immigrant Affairs also receives and responds to 2 inquiries and concerns from constituents of the City of New York, and provides assistance 3 which may include, depending on the nature and content of the inquiry, information, referrals, 4 or individual advocacy. 5 5. On June 8, 2018, the Mayor’s Office of Immigrant Affairs was contacted by a 6 constituent regarding a nine-year-old child, E , who was in New York City in the custody of 7 the U.S. Office of Refugee Resettlement after being separated from his mother after entering 8 the United States with her seeking asylum. 9 6. Through the Mayor’s Office of Immigrant Affairs’ work in response to the 10 constituent’s request regarding E 11 challenges faced by E 12 7. , we came to learn more about his situation and the and his family due to his separation from his mother. The Mayor’s Office of Immigrant Affairs was informed by the constituent, a 13 friend of a friend of E 14 from their home country, Honduras, in May 2018. When E 15 United States, they were separated by federal authorities. While E 16 custody in Texas, E 17 immigrant children in New York City, part of the Cayuga Centers agency. 18 8. family, that E and his mother had travelled to the United States and his mother entered the mother remained in was taken by bus to a federally-contracted program for unaccompanied On June 13, 2018, the Mayor’s Office of Immigrant Affairs spoke with E 19 aunt in the United States, who confirmed the account provided by the constituent. 20 Mayor’s Office of Immigrant Affairs was informed by E 21 him to the United States seeking to protect him from threats in Honduras. 22 9. During the conversation on June 13, E aunt that E The mother brought aunt informed the Mayor’s Office of 23 Immigrant Affairs that she had spoken to E 24 her nephew E 25 was very concerned that she could not be sure of E well-being. E aunt also expressed 26 that she had questions and concerns about the possibility of having E released to her while . E social worker in New York City, but not yet to aunt expressed to the Mayor’s Office of Immigrant Affairs that she DECLARATION OF BITTA MOSTOFI 2 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 301 of 322 1 her sister, E 2 aunt feared that becoming E 3 reunite with her child. 4 10. mother, was still in the United States and wished to reunite with him. E sponsor could negatively impact his mother’s ability to On June 13, 2018, the Mayor’s Office of Immigrant Affairs also spoke with 5 E 6 Immigrant Affairs that with coordination assistance from E 7 able to speak with E 8 grandparents also expressed to the Mayor’s Office of Immigrant Affairs that they were afraid 9 they would lose E 10 11. 11 from a friend of E 12 been able to speak with E 13 Mayor’s Office of Immigrant Affairs that E 14 was crying the whole time.” 15 grandparents in Honduras. 12. E grandparents informed the Mayor’s Office of social worker, they had been , and that when they spoke with him he seemed scared. E permanently. On June 21, 2018, the Mayor’s Office of Immigrant Affairs received a message family in Honduras, stating that the friend and E grandparents had by telephone again that day. The family friend informed the After learning of E “seem[ed] sadder than ever – seemed like he and his mother’s attempt to seek safety in the United 16 States and subsequent prolonged separation by federal authorities, the Mayor’s Office of 17 Immigrant Affairs worked with other City officials to reach out to the federal agency with 18 custody of E , the U.S. Department of Health and Human Services. The goal of this outreach 19 was to gain more information about the population of children who, like E , had been 20 separated from their parents and placed in New York City. 21 information including the number of children in New York City, the conditions of their care, 22 their needs, and any opportunities for the City to provide support for those needs. 23 13. The City sought to learn During the week of June 11, 2018, City officials spoke with federal officials 24 from the U.S. Department of Health and Human Services’ Administration for Children and 25 Families and its sub-agency responsible for programs and contracts related to unaccompanied 26 DECLARATION OF BITTA MOSTOFI 3 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 302 of 322 1 immigrant children, the Office of Refugee Resettlement. 2 provide information sufficient to address the City’s inquiry and concerns. 3 14. However, the officials did not The Mayor’s Office of Immigrant Affairs also worked to connect E , his 4 mother, and his aunt to legal representation and guidance to assist them in navigating the 5 complex federal agencies and systems responsible for separating the family and holding E 6 and his mother in custody thousands of miles apart. Numerous conversations with E 7 family members and many legal services providers were required to understand the needs of 8 and identify and secure representation for both E 9 Mayor’s Office of Immigrant Affairs could speak with directly. After extensive efforts, the and his mother, neither of whom the 10 Mayor’s Office of Immigrant Affairs was able to confirm full representation for E 11 York City and his mother in Texas, and connected the two attorneys so that they could 12 coordinate on behalf of mother and child. 13 15. Since being connected to legal assistance, E in New family has expressed to the 14 Mayor’s Office of Immigrant Affairs that access to this help has been a great relief in the face 15 of an extremely confusing and frightening situation for the family. E 16 expressed to the Mayor’s Office of Immigrant Affairs that she feels much better knowing that 17 she and her child are being represented, and that she is extremely thankful for this. 18 16. After learning that E mother’s attorney was living in New York City in federal custody after 19 being separated from his mother at the border, the Mayor’s Office of Immigrant Affairs also 20 contacted Cayuga Centers, the federally-contracted organization responsible for providing E 21 with foster care and other services. As with the City’s outreach to federal officials, the 22 Mayor’s Office of Immigrant Affairs sought to learn from Cayuga Centers the number of 23 immigrant children in New York City who had been separated from their parents, the 24 conditions of their care, and what if any needs the City could support through the provision of 25 City services. 26 DECLARATION OF BITTA MOSTOFI 4 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 303 of 322 1 17. On June 20, 2018, I and other City officials were informed by Cayuga Centers 2 staff that there were 239 immigrant children currently in the care of their agency who had been 3 separated from their families by federal authorities, a number which I understand fluctuates 4 and may vary from day to day. Based on conversations with other agencies in New York City 5 that also contract with the U.S. Office of Refugee Resettlement to provide foster care and other 6 services to unaccompanied immigrant children, it is my belief that there are up to 300 total 7 children separated from their families who are placed with these agencies and living in New 8 York City at any given time, and that in recent months there have been over 350 separated 9 children who have been placed in New York City. 10 18. The Mayor’s Office of Immigrant Affairs and other City officials were informed 11 by Cayuga Centers that most of the immigrant children newly placed at their agency, many of 12 whom had been separated from family by federal authorities after entering the United States at 13 the southwestern border, are between ages four and twelve. The youngest child known to us at 14 this time is a nine-month-old baby, and there are multiple preverbal toddlers. 15 19. The Mayor’s Office of Immigrant Affairs and other City officials were informed 16 by staff at Cayuga Centers that many children in their care who have been separated from their 17 parents by federal authorities have exhibited anxiety, depression, and other symptoms. Cayuga 18 Centers also expressed that because of the conditions in which the children currently in their 19 care were held by the Department of Homeland Security after they were apprehended at the 20 southwestern border, some arrived with illnesses and conditions such as chicken pox, lice, and 21 bedbugs. 22 20. The City remains deeply concerned about the well-being of children who have 23 been subject to the Trump Administration’s harmful policy of separating immigrant children 24 from their parents. The Mayor’s Office of Immigrant Affairs will continue to engage closely 25 with Cayuga Centers and other agencies that provide foster care and other services to the 26 DECLARATION OF BITTA MOSTOFI 5 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 304 of 322 1 children who have been placed in New York City so that the City may remain aware of their 2 needs, and provide support wherever possible to address those needs. 3 4 5 6 I declare under penalty of perjury under the laws of the State of Washington and the United States of America that the foregoing is true and correct. DATED this 29th day of June, 2018 at New York, New York. 7 /s/ Bitta Mostofi Bitta Mostofi Commissioner Mayor’s Office of Immigrant Affairs City of New York 253 Broadway, 14th Floor New York, NY 10007 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DECLARATION OF BITTA MOSTOFI 6 Case Document 30 Filed 07/17/18 Page 305 of 322 Exhibit 31 ?-Case Document 30 Filed 07/17/18 Page 306 of 322 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON STATE OF WASHINGTON, NO. Plaintiff, I DECLARATION OF HARRY GILMORE v. . DONALD TRUMP in his of?cial capacity as President of the United States, et al., Defendants. I, Harry Gilmore, declare as follows: 1. I am over 18 and have personal knowledge of the facts stated herein. 2. I am the Licensing Coordinator Manager of the Oregon Department of Human Services? (?Oregon Children?s Care Licensing Program The CCLP is responsible for the licensing, oversight, and regulation of Child-Caring Agencies in Oregon. Child?Caring Agencies must be licensed pursuant to Oregon Revised Statute 418.240. Child~ Caring Agencies include but are not limited to residential treatment facilities. In addition to ensuring that licenses are granted only to Child-Caring Agencies that meet Oregon administrative rules and requirements, CCLP staff are obligated to conduct periodic inspections to ensure children receiving care and services in Child-Caring Agencies are safe DECLARATION OF HARRY GILMORE 1 Oregon Department Of-Tustice 100 SW Market St Portland, OR 97201 Tel: (971) 673-1880 1' Fax: (971) 673-5000Error! AutoText entry not de?ned. OONQONLJIJE-UJN Case Document 30 Filed 07/17/18 Page 307 of 322 and that programs are maintained and operated in accordance with all applicable rules and laws. 3. I hold a bachelor?s degree in business administration and history from Principia College. Prior to my current role within CCLP, I held various management positions in Oregon Office of Licensing and Regulatory Oversight. I have served as a Manager in Oregon unit overseeing the Interstate Compact on the Placement of Children and Contracts. In that role, I administered ICPC for the state of Oregon, managed eighteen staff members, and oversaw contract specialists who wrote and administered child welfare contracts. 1 have also managed background check policy for prospective foster and adoptive parents, and served as a Compliance Specialist for child welfare overseeing Child-Caring Agency contractors. Prior to my work with Oregon DHS, I worked for a number of non?pro?t organizations serving children and adults with developmental disabilities. 4. Morrison Child Family Services (?Morrison?) is a non-profit organization that specializes in providing services to children and young adults coping with adversity and trauma. Morrison operates a number of programs to serve its clients, including a residential care facility in Portland, Oregon, that is licensed as Child?Caring Agency. This reSidential care facility is currently serving four minors who have been separated from their families and are being detained by the federal government. The children were placed at Morrison pursuant to a contract with the Of?ce of Refugee Resettlement. - 5. I individually interviewed three detained children on June 20, 2018 to determine if they were safe and if they had been affected by the federal government?s family separation policy. 6. The children detained at Morrison are represented by counsel. Each child?s attorney was present during the child?s interview. Due to counsel?s concerns about the children?s wellbeing and ability to preserve asylum or other immigration claims, I was DECLARATION OF HARRY GILMORE 2 Oregon Department of Justice 100 SW Market St Portland, OR 97201 Tel: (971) 673?1880 Fax: (911)673-5000Error1 AutoText entry not de?ned. .42Case Document 30 Filed 07/17/18 Page 308 of 322 permitted to ask the children four pre?approved questions only. I was permitted by the children?s attorneys to interview only three of the four children who were separated from their parents. 7. I learned from each of the three children that they do not have ties to anyone in Oregon and do not have friends or family members in Oregon to stay with. I learned that eaCh child had sought to enter the United States with a parent or parents, and was separated from that parent or parents at the border by immigration of?cials. 8. In response to questions about how they were being cared for at the Morrison Center, each explained they had enough to do at Morrison and that they were allowed to leave the facility on outings with Morrison staff, that they received medical care when needed, and received food at Morrison, which was so-so. 9. Based upon my experience, if children in Oregon have no family or any other source of support in Oregon, it is likely that at some point in the ?iture, the children will enter the Oregon foster care system or become dependent on some other source of public assistance or support if they remain in our state. I declare under penalty of perjury under the laws of Oregon, Washington and the United States that the foregoing is true and correct. DATED this 92 g?day of June, 2018 at SA Oregon Harry Gilmt?'e Licensing Coordinator Manager Children?s Care Licensing Program Oregon Department of Human. Services 201 High St. SE Suite 500 Salem, OR 97309 Tel: 503?373?0217 DECLARATION OF HARRY GILMORE 3 I Oregon Department Of Justice 100 SW Market St Portland, OR 9?201 Tel: (971) 673-1880 1' Fax: (971) 673-5000Error! AutoText entry not de?ned. Case Document 30 Filed 07/17/18 Page 309 of 322 Exhibit 32 Case Document 30 Filed 07/17/18 Page 310 of 322 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON STATE OF COMMONWEALTH OF STATE OF STATE OF STATE OF STATE OF NEW COMMONWEALTH OF STATE OF NEW STATE OF STATE OF STATE OF STATE OF RHODE COMMONWEALTH OF STATE OF NEW STATE OF STATE OF NORTH AND THE DISTRICT OF COLUMBIA, Plaintiffs, No. 2: 18-cv?00939 THE UNITED STATES OF DONALD TRUMP, in his of?cial capacity as President of the United States of America; U.S. DEPARTMENT OF HOMELAND U.S. IMMIGRATION AND CUSTOMS U.S. CUSTOMS AND BORDER U.S. CITIZENSHIP AND IMMIGRATION U.S. DEPARTMENT OF HEALTH AND HUMAN OFFICE OF REFUGEE KIRSTJEN NIELSEN, in her of?cial capacity as Secretary of the U.S. Department of Homeland Security; THOMAS HOMAN, in his of?cial capacity as Acting Director of U.S. Immigration and Customs Enforcement; KEVIN K. MCALEENAN, in his of?cial capacity as Commissioner of U.S. Customs and Border Protection; ALEX AZAR, in his of?cial capacity as Secretary of U.S. Department of Health and Human Services; SCOTT LLOYD, in his of?cial capacity as Director of Of?ce of Refugee Resettlement; and JEFFERSON BEAUREGARD Case Document 30 Filed 07/17/18 Page 311 of 322 SESSIONS in his of?cial capacity as the Attorney General of the United States, Defendants. DECLARATION OF CONGRESSMAN DONALD S. BEYER. R. I, Congressman Donald S. Beyer, declare that the following facts are true to the best of my knowledge, information and belief: I. I represent Virginia?s 8th congressional district in the US. House of Representatives and have served in that position since January 6, 2015. 2. I am aware that the federal government recently embraced a policy of separating parents from their children for the purpose of deterring immigration along the Southwestern border. 3. Due to my concerns about the family separation policy, I visited Youth for Tomorrow in Bristow, Virginia on June 25, 2018. Youth for Tomorrow has been caring for immigrant teenagers under a contract with federal of?cials. I understood that the facility was housing children who had been separated from their parents at the border. 4. During my visit to Youth for Tomorrow, I met with several children at least three of whom voluntarily agreed to talk about the events that led to them being housed in Virginia. Each of the children told me that they had recently been separated from their parents at the Southwestern border, and that they had been housed in Virginia at Youth for Tomorrow for at least a couple of Weeks and as much as a few months. 5. I remain concerned about the effects of the family separation policy, and I anticipate learning of other similarly distressing stories about immigrant children being forcibly separated from their parents and broUght to Virginia. Case Document 30 Filed 07/17/18 Page 312 of 322 Pursuant to 28 U.S.C. 1746, I declare under the penalty' of perjury that the foregoing is true and correct. Executedon 20? ,2018. Case Document 30 Filed 07/17/18 Page 313 of 322 Exhibit 33 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 314 of 322 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 9 STATE OF WASHINGTON, et al., Plaintiffs, 10 11 12 NO. 2:18-cv-00939 DECLARATION OF KAY BELLOR IN SUPPORT OF PLAINTIFF STATES v. THE UNITED STATES OF AMERICA, et al., 13 Defendants. 14 I, Kay Bellor, declare as follows: 15 1. 16 17 I am the Vice President for Programs for Lutheran Immigration and Refugee Service, Inc. (“LIRS”) and also have served as its Acting President and CEO. I am responsible for LIRS’s programs for refugees, unaccompanied children, and migrants, including our 18 Children and Family Services Program, and have managed crisis response to historic 19 challenges to the U.S. Refugee Admissions Program. I have also served as the Vice President 20 for US Programs at the International Rescue Committee, a global humanitarian aid agency 21 that assists refugees, other displaced persons, and survivors of natural disasters. As Associate 22 Director of Church World Service, a refugee resettlement and asylee assistance organization, 23 I coordinated all operations, including an overseas refugee processing program and 40 24 domestic resettlement offices. 25 26 DECLARATION OF KAY BELLOR IN SUPPORT OF PLAINTIFF STATES 1 ATTORNEY GENERAL OF MARYLAND 200 Saint Paul Place Baltimore, Maryland 21202 410-576-6300 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 315 of 322 1 2. I have worked on refugee, migrant, asylee and unaccompanied alien children’s 2 (“UAC”) issues for over 30 years. In my work, I have developed expertise in the policies and 3 programs administered by The United States Department of Health and Human Services’ Office 4 of Refugee Resettlement (ORR), and the Department of State’s Bureau of Population Refugee 5 and Migration (PRM). Through my work with LIRS’s programs, I am familiar with UAC cases 6 during the fiscal years of 2015 through 2018, including those which involved the separation of 7 families by the United States government. 8 3. LIRS is a service provider for ORR, offering a number of different services to 9 unaccompanied alien children (UACs). LIRS works with only a small fraction of the children 10 for whom ORR provides transitional care and custody, but it does so in a variety of different 11 settings. 12 4. When U.S. Customs and Border Protection (CBP) detains an unaccompanied 13 child, they are required to refer the child to ORR within 72 hours. ORR then places these children 14 with licensed care providers, including LIRS. 15 16 17 5. ORR places most children over the age of ten in larger shelters, none of which are operated by LIRS. 6. A much smaller segment of unaccompanied children are placed by ORR in 18 transitional foster care, which provides short term care while efforts are made to reunify a child 19 with his or her family or find a longer-term placement. LIRS is one of the agencies that provides 20 such transitional foster care. Children stay in LIRS transitional foster care an average of 60 days, 21 though the length of stay has increased in recent months. LIRS work with fully licensed child 22 welfare organizations to provide transitional foster care both in group homes and with foster 23 families. Our transitional foster care sites are located in Riverside, California, Crofton, 24 Maryland, Grand Rapids, Michigan, and Columbia, South Carolina. Many of the children placed 25 in ORR transitional care are children of “tender age,” usually 10 years old or younger. All of 26 DECLARATION OF KAY BELLOR IN SUPPORT OF PLAINTIFF STATES 2 ATTORNEY GENERAL OF MARYLAND 200 Saint Paul Place Baltimore, Maryland 21202 410-576-6300 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 316 of 322 1 these sites are caring for children separated under the May 7, 2018 family separation policy 2 announced by Attorney General Sessions (“separated children”). 3 4 5 7. While children are in transitional foster care, LIRS providers work to find sponsors – usually family members – to whom a child can be released out of federal custody. 8. Related to familial reunification and sponsorship, LIRS operates programs to 6 conduct home studies, provide post-release case management, conduct background checks, and 7 provide assistance with family reunification procedures. LIRS provides such services in various 8 states such as Alabama, California, Colorado, Georgia, Florida, Kansas, Louisiana, Maryland, 9 Massachusetts, Michigan, Nebraska, New Jersey, New York, North Carolina, North Dakota, 10 11 Ohio, South Carolina, Virginia, Tennessee, and Texas. 9. When such sponsorship is not possible and it is determined that a UAC has a 12 pathway to legal status in the United States, children can be placed in long-term foster care. And 13 once legal status is obtained, a foster child would be transferred to unaccompanied refugee minor 14 (“URM”) foster care. LIRS operates long-term foster care programs for UACs as well as URM 15 foster care programs. LIRS provides long-term and/or URM foster care in Lansing, Michigan, 16 Columbia, South Carolina, Worcester, Massachusetts, Grand Rapids, Michigan, and 17 Sacramento, California. 18 10. LIRS is the primary federal grantee for short term and long term foster care. In 19 turn, LIRS works with a national network of partners who offer trauma-informed care for 20 children who urgently need safe shelter, clothes, and counseling. These local partners are 21 identified as subgrantees on the federal grant. 22 23 24 11. Historically most of the children over the age of ten with whom LIRS has worked were unaccompanied because they crossed the border without a parent. 12. More recently, however, an increasing number of these children are 25 unaccompanied because they were separated from a parent at the border. LIRS has seen a 26 dramatic increase in the number of cases of immigrant children separated from their parents in DECLARATION OF KAY BELLOR IN SUPPORT OF PLAINTIFF STATES 3 ATTORNEY GENERAL OF MARYLAND 200 Saint Paul Place Baltimore, Maryland 21202 410-576-6300 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 317 of 322 1 recent months, especially since the Trump Administration adopted a “zero tolerance” 2 prosecution policy. As of June 15, 2018, LIRS had served a total of 148 unaccompanied children 3 since May 2017, 59 of whom had been separated from their parents under the policy. The ages 4 of the 59 children separated from their parents at the border and sent to the LIRS network have 5 ranged from less than 12 months to 17, with an average child age of 8. Of those 16 children are 6 age 5 or younger; 43 are age 6 or older. Separation of minor children from their parents can 7 cause significant trauma, hinder psycho-social development, and cause physical harm. 8 13. When LIRS is notified that a child in one of our transitional foster care programs 9 has been separated from a parent by the U.S. Government, we go to work through the ICE 10 Detention Reporting and Information Line to try to find the parent who has been detained. LIRS 11 was able to release 48 children to family members prior to the announcement of the “zero 12 tolerance” policy. Five family reunifications have occurred after the announcement of the 13 policy. 14 14. If we are able to locate the parent, we help the parent understand the process for 15 their child and ask about possible family or community sponsors that could take the child into 16 their care while the parent awaits federal processing. 17 15. A sponsor can be a biological parent, family member, or non-family member that 18 is not currently in detention. In our experience, parents with whom children have been separated 19 are treated as “sponsors” for purposes of reunification. 20 21 16. the children in our care with family sponsors. 22 23 24 Between January 1, 2017, and June 15, 2018, LIRS has been able to place 53 of 17. If no sponsor is identified, LIRS will seek to place the child in long-term foster 18. Many of the parent-child separation cases LIRS currently receives are due to CBP care. 25 referring a parent for criminal prosecution for the misdemeanor of illegal entry, without 26 considering humanitarian factors that warrant keeping a family unit together, and without taking DECLARATION OF KAY BELLOR IN SUPPORT OF PLAINTIFF STATES 4 ATTORNEY GENERAL OF MARYLAND 200 Saint Paul Place Baltimore, Maryland 21202 410-576-6300 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 318 of 322 1 into account whether the family has a bona fide claim for asylum. CBP refers and transfers 2 custody of the parents to the U.S. Marshall Service (USMS) for criminal prosecution—and the 3 result is that the separated child is transferred to ORR custody. 4 19. Criminal prosecutions for illegal entry are often resolved within several weeks, 5 at which point the parent is returned to ICE custody and children could be reunited with their 6 parents. But ICE does not generally make efforts to reunite these families. Our caseworkers are 7 never informed when a parent is back in immigration custody, even though at this point, the basis 8 for separation no longer exists. After separating the parent and the child—often detaining the 9 children thousands of miles away—caseworkers often find it challenging to locate parents in 10 ICE custody, schedule calls between children and parents in ICE custody, and obtain other 11 information from parents that will assist in providing care and support to their children. 12 Caseworkers have been challenged, but generally, we have located the parents within two weeks. 13 20. Also, because the parent is often the person who has best knowledge of any 14 immigration claims the child can bring, the separation of parent and child often hampers the 15 ability of caseworkers and attorneys to advocate and pursue immigration claims on behalf of the 16 children. 17 21. Furthermore, separation of the child from the parent puts enormous pressure on 18 parents to give up their asylum cases, because of the emotional distress and despair the separation 19 engenders. In LIRS’s experience, this is often a very difficult choice to make for parents, as the 20 family may have fled due to real threats of persecution. Yet for a parent and child, a prolonged 21 family separation lasting many months can cause serious emotional and physical distress and 22 harm. 23 22. Unfortunately, in those situations where a parent decides to give up their claims 24 and agrees to expedited removal, it usually takes at least several months after a parent’s 25 deportation before the child can be processed through removal proceedings and allowed to leave 26 the country. During this time the child remains in ORR custody, separated from their parent, DECLARATION OF KAY BELLOR IN SUPPORT OF PLAINTIFF STATES 5 ATTORNEY GENERAL OF MARYLAND 200 Saint Paul Place Baltimore, Maryland 21202 410-576-6300 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 319 of 322 1 even though the parent has been returned to their home country and wants to be reunited with 2 their child. 3 23. LIRS program social workers have expressed concern that ICE does not 4 appreciate the urgency of trying to expedite removal proceedings in these children’s cases so 5 that they can be more promptly reunified with their parents. 6 24. Of particular concern are children of tender age, for whom placement in foster 7 care for several months represents a significant portion of their life and can create strong 8 attachments. When these attachments need to be broken, the children experience additional 9 trauma. 10 25. The President’s June 20 executive order appears to propose indefinite family 11 detention of children and families crossing the border between points of entry while they await 12 the outcomes of criminal and then immigration proceedings. 13 26. For more than a decade, LIRS has worked with individuals and families in 14 detention, and reports show that this setting traumatizes families, undermines the basic family 15 structure, and has devastating psycho-social impact on children. 16 27. Families should have the ability to live within communities and be provided with 17 case management support as they endure their immigration proceedings. There are proven and 18 effective alternatives to detention, including ICE’s own family case management program, that 19 show the government does not need to detain families in order for them to abide by immigration 20 laws. 21 28. The following are two examples of the types of cases that LIRS is encountering. 22 23 Sophia 29. The first story is about a girl whom I will call Sofia. In March 2018, Sofia, an 24 eight month old girl, was taken from her father when they crossed the Mexico/US border. Sofia’s 25 father, José, was detained at Rio Grande Detention Center in Laredo, Texas while Sofia was 26 transferred to an LIRS-affiliated short-term foster care program in Michigan. DECLARATION OF KAY BELLOR IN SUPPORT OF PLAINTIFF STATES 6 ATTORNEY GENERAL OF MARYLAND 200 Saint Paul Place Baltimore, Maryland 21202 410-576-6300 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 320 of 322 1 30. Sofia’s foster care case manager made multiple failed attempts to contact José in 2 the detention facility. When the case manager was finally able to reach José, he shared that he 3 was extremely worried because he did not know where Sofia had been taken. Sofia was too 4 young to share information about herself, so her case worker went to work trying to locate Sofia’s 5 mother in Honduras or other family members living in the United States with very little 6 information. Sofia’s mother, Maria, described how Sofia and her father crossed the border to 7 find safety after José faced political persecution for his membership and support for a certain 8 political party. She additionally shared that about two months prior to Sofia’s journey to the 9 United States with her father, her family’s car was set aflame. Fearing further retaliation, Sofia’s 10 family arranged her journey to the United States with her father. Maria made the agonizing 11 decision that she could not take the journey with her daughter and husband because she needed 12 to remain in Honduras to care for her own ailing mother. 13 31. After separation and while in short-term foster care, Sofia appeared irritated and 14 tired. She had also come down with a runny nose, fever and a cough. However, once she arrived 15 to her foster home and was held in the arms of her foster mom, she comfortably fell asleep. 16 While in foster care, Sofia received a routine medical screening. She was described as a happy, 17 calm and normal infant who loved to play, and ate and slept without disruptions. The stable, 18 family oriented home environment had a beneficial effect. 19 32. Although Sofia’s father is applying for asylum based on political persecution 20 aimed at himself and his family, he made the decision for Sofia to be reunified and live with his 21 mother (Sofia’s paternal grandmother), who he described as a stable resident in the United States. 22 Sofia was ultimately released to her paternal grandmother, but it was determined that she did not 23 need post-release services, despite the fact that she was only eight months old. Post release 24 services have proven to be essential following family reunification to ensure a child’s safety and 25 well-being, and increasing the ability of caregivers to protect and supervise the child. Although 26 family reunification, when safe and appropriate, is in the child’s best interest, it can also be a DECLARATION OF KAY BELLOR IN SUPPORT OF PLAINTIFF STATES 7 ATTORNEY GENERAL OF MARYLAND 200 Saint Paul Place Baltimore, Maryland 21202 410-576-6300 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 321 of 322 1 highly stressful time for caregivers who need support, culturally-appropriate services, and 2 community referrals. 3 4 Catalina 33. The second story is about a three-year-old girl from Honduras whom I will call 5 Catalina. In May 2018, Catalina crossed the border in Laredo, Texas with her father, mother and 6 nine-month-old brother. Upon apprehension, Catalina was removed from her mother’s arms, 7 while her mother and brother were separated together and the father separated and detained at 8 the Rio Grande Detention Center. Shortly after being separated from her family, Catalina was 9 placed in an LIRS short-term foster care program in Michigan. Upon arriving at the foster care 10 program, Catalina was noticeably impacted by her separation from mom, dad and brother; while 11 telling her story, Catalina was despondent, crying and easily upset. Although multiple contacts 12 were made to reach Catalina’s father in the detention facility, facility staff did not connect the 13 case manager to Catalina’s father, nor did they relay messages to her father to facilitate 14 communication. 15 34. While in short-term foster care, Catalina has been engaged in play therapy. 16 Although she was initially reluctant to attend, crying during her first session, she has since been 17 willingly participating—playing with the sand tray, engaging with the therapist, often 18 demonstrating she is comfortable by searching for toys and instructing the clinician on what to 19 do while playing together. Overall she presents as happy and is very talkative. However, during 20 one therapy session, Catalina shared a horrific event during which she indicated she had 21 witnessed a police officer murder her grandmother. Shortly after recounting these events, 22 Catalina cried and was consoled by the therapist. 23 35. In early June, Catalina’s mother was finally released along with her infant son 24 and made contact with the LIRS short-term foster care program. Catalina was finally able to 25 speak to her mother through a video call. She sobbed throughout the call and said she wanted to 26 be with her mom. It was a heartbreaking call for the therapist to observe, however, the mother DECLARATION OF KAY BELLOR IN SUPPORT OF PLAINTIFF STATES 8 ATTORNEY GENERAL OF MARYLAND 200 Saint Paul Place Baltimore, Maryland 21202 410-576-6300 Case 2:18-cv-00939-MJP Document 30 Filed 07/17/18 Page 322 of 322 1 and clinician were able to comfort and soothe Catalina. Shortly after this call, Catalina began 2 playing as usual in the sand tray, but immediately asked about her father and several minutes 3 later, Catalina began crying and sobbing again. Catalina’s foster parents are learning relaxation 4 techniques to help Catalina cope. Despite Catalina enjoying playing with her infant foster sister 5 and crying less and less at bedtime since her arrival to the program, she is unable to provide great 6 insight into her emotions, thoughts and experiences and frequently asks to go home to her mother 7 and father. 8 36. 9 10 A family friend was identified as Catalina’s potential sponsor but has not actively participated in reunification process. At this time, Catalina remains in the LIRS short-term foster care program until the reunification process is successfully facilitated. 11 I declare under penalty of perjury that the foregoing is true and correct. 12 Executed on this 29th day of June, 2018 at Baltimore, Maryland. 13 14 Kay Bellor Vice President, Programs Lutheran Immigration and Refugee Service, Inc. 15 16 17 18 19 20 21 22 23 24 25 26 DECLARATION OF KAY BELLOR IN SUPPORT OF PLAINTIFF STATES 9 ATTORNEY GENERAL OF MARYLAND 200 Saint Paul Place Baltimore, Maryland 21202 410-576-6300