Case 2:17-cv-00178-JLR Document 81 Filed 12/13/17 Page 1 of 4 I THE HONORABLE JAMES L. ROBART 2 J 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 Plaintiffs, 11 t2 CASE NO. C17.O178JLR JOHN DOES, et al., V. DONALD TRUMP, et al., 13 Defendants. SUPPLEMENTAL DECLARATION OF RABBI \ryILL BERKOVITZ IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION (RELATTNG TO CASE NO. C17-1707JLR) 14 15 JEWISH FAMILY SERVICE, et a1., Plaintiffs, 16 V. I7 18 CASE NO. C17-17O7JLR DONALD TRUMP, et al., Defendants. 19 20 Supplemental Declaration of Rabbi Will Berkovitz 21 22 23 24 I, V/ill Berkovitz, declare as follows: l. I am an ordained rabbi and have been the Chief Executive Officer of Jewish Family Service of Seattle ("JFS-Seattle") since 2013. This declaration supplements my prior declaration in this case, signed November 13,2017 (Dkt. No. 50), and is based on my personal 25 26 knowledge and data that the organizalion maintains in its ordinary course of business. SUPPLEMENTAL BERKOVITZDECLARATION NO. Cl7-1701-JLR- 1 Perkins Coie l,l,P l20l Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.359.8000 I 37844184 6 Fax: 206.359.9000 Case 2:17-cv-00178-JLR Document 81 Filed 12/13/17 Page 2 of 4 2. I As explained in my prior declaration, JFS-Seattle's mission is to help vulnerable 2 individuals and families of all backgrounds achieve well-being, health, and stability. JFS-Seattle J fulfills this mission by offering resettlement services to individual refugees and families of 4 refugees, many of whom are from majority-Muslim countries, including those on the SAO list. 3. 5 Executive Order 4.0 directly impedes this mission. Executive Order 4.0 has 6 reduced the number of refugees admitted to the United States, including those resettled through 7 JFS-Seattle. JFS-Seattle does not expect to entirely make up this deficit by resettling more 8 refugees who are exempt from the ban. Rather, due to Executive Order 4.0, JFS-Seattle expects 9 to resettle fewer refugees in FY2018 than it anticipated based on past practice. As explained in 10 my prior declaration, this overall reduction in refugees decreases JFS-Seattle's funding and will 11 require us to lay-off staff and/or cut programs. It also has a direct, negative impact on JFS- I2 Seattle's mission and sincerely held religious beliefs to "welcome the stranger." 4. 13 JFS-Seattle projected that it would resettle more than 285 refugees in FY20l8. In t4 my prior declaration, I stated that JFS-Seattle planned to resettle 325 individuals in FY20l8. 15 This 325 number includes Special Immigrant Visa recipients as well as refugees. 5. t6 JFS-Seattle is not able, as the government suggests, to seamlessly transition to t7 help only those refugees who are unaffected by Executive Order 4.0. To the contrary, our 18 staffing, infrastructure, and programs are built around the refugee population we serve. Because 19 of the refugee crises occurring in the Middle East and Africa, much of that population recently 20 has been 2t approximately 45 percent of the refugees resettled by JFS came from countries on the SAO list. Muslim and Arabic-speaking refugees from countries on the SAO list. In FY20l6, 6. 22 Because JFS-Seattle serves many Muslim and Arabic-speaking refugees, we hire 23 staff who are Muslim and Arabic speakers. Currently, three of JFS-Seattle's full time employees 24 are 25 members include Arabic translators, case managers, and employment specialists. We hired these 26 individuals specifically because they can easily communicate and connect with one of the Muslim and Arabic-speakers, and three of our intennittent staffare Muslim. These staff SUPPLEMENTAL BERKOVITZDECLARATION NO. C17-1707-ILP.-2 Perkins Coie LLP l20l Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.359.8000 137 8447 84.6 Fax: 206.359.9000 Case 2:17-cv-00178-JLR Document 81 Filed 12/13/17 Page 3 of 4 1 populations of refugees we most commonly serve, Arabic-speaking individuals from Muslim- 2 majority countries. If, as we anticipate (and as the government suggests), Executive Order 4.0 a J dramatically reduces and changes the population of refugees JFS-Seattle serves, JFS-Seattle 4 would have to reorganize its staff, potentially firing its existing staff and hiring staff and 5 translators from countries not impacted by the ban. Executive Order 4.0 will likely cause JFS- 6 Seattle to waste the investments it has made to serve Muslim and Arabic-speaking refugees. l 7. Recently, JFS-Seattle developed an employment and mentorship program to I address an uptick in highly skilled professionals seeking resettlement as refugees. V/e gave the 9 program an Arabic name, "Tatweer," which means "development," because many of its r0 participants come from Arabic-speaking countries in the Middle East (such as lraq). Although 11 Tatweer is open to all individuals, including Special Immigrant Visa recipients and asylees, the l2 majority people we serve through Tatweer are refugees. Of the 23 refiigees who have 13 participated in Tatweer,2l are from countries on the SAO list (17 are from Iraq, three are from t4 Iran, and one is from Sudan). JFS-Seattle has invested substantial staff time and resources in 15 Tatweer. JFS-Seattle dedicates 1.1 full time employees to Tatweer, and Tatweer's FY2018 16 budget is $70,000. Executive Order 4.0 inhibits JFS-Seattle from resettling refugees from the l7 SAO countries, including lraq, Iran, and Sudan, and therefore puts Tatweer's viability at risk. 8. 18 Refugee Ban 4.0 will have a cascading impact on individuals stranded abroad, t9 even 20 set window to complete their 2l that they passed 22 months or even years to complete, so the expiration of even one check can have a cascading 23 effect, as other clearances expire while the first is being replocessed. Thus, even a short delay in 24 the resettlement process can have a lasting impact on a refugee's ability to come to the United 25 States. if the ban is only temporary. Refugees in the late stage of the resettlement process have a travel. If they miss this window, the security and medical checks will expire. Once a check expires, it must be reinitiated. Each check can take 26 SUPPLEMENTAL BERKOVITZDECLARATION NO. Cl7-1707-ILP.-3 Perkins Coie LLP l20l Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.359.8000 t31844784 6 Fax: 206.359.9000 Case 2:17-cv-00178-JLR Document 81 Filed 12/13/17 Page 4 of 4 g. I The International Organization for Migration (IOM) is a United Nations-related 2 body that assists refugees in the final stages of resettlement. The United States government J refers refugees who have completed screening, cultural orientation, and medical checks, and who 4 have been assigned a geographic placement in the United States, to 5 for these refugees from their home countries to the United States. This is the last stage of the 6 resettlement process. Refugees for whom IOM has booked travel arrangements typically travel 7 between 10 days and three weeks after travel affangements are made. I 9 10. IOM. IOM arranges travel JFS-Seattle has 54 clients overseas from SAO countries who were assured as of October 24,whenthe Trump Administration issued Executive Order 4.0. 47 of these individuals Muslim. V/hen a refugee is assured, he 10 are 11 a I2 traveling to the United States. or she is referred to IOM for travel booking, which is final step in the resettlement process. Executive Order 4.0 bars these individuals from 13 t4 15 16 1l I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 12tl' day of December, 2077, 18 v/ill 19 20 21 22 23 24 25 26 SUPPLEMENTAL BERKOVITZDECLARATION NO. Cl7-1707-JLR-4 1378447 84.6 Perkins Coie LLP l20l Third Avetrue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000