Case 2:17-cv-00178-JLR Document 114 Filed 01/19/18 Page 1 of 8 The Honorable James L. Robart 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 JOHN DOE, et al., Plaintiffs, 11 12 13 v. DONALD TRUMP, et al., Defendants. 14 15 16 JEWISH FAMILY SERVICE OF SEATTLE, et al., Plaintiffs, 17 18 19 20 Civil Action No. 2:17-cv-00178JLR v. DONALD TRUMP, et al., Civil Action No. 2:17-cv-01707JLR DEFENDANTS’ NOTICE OF COMPLIANCE WITH PRELIMINARY INJUNCTION (RELATING TO BOTH CASES) Defendants. 21 22 23 24 25 26 DEFS.’ NOTICE OF COMPLIANCE WITH PRELIM. INJ. Doe, et al. v. Trump, et al., No. 2:17-cv-00178 (JLR) Jewish Family Service of Seattle, et al. v. Trump, et al., No. 2:17-cv-01707 (JLR) U.S. DEPARTMENT OF JUSTICE 20 Massachusetts Ave., NW Washington, DC 20530 Tel: (202) 514-3259 Case 2:17-cv-00178-JLR Document 114 Filed 01/19/18 Page 2 of 8 INTRODUCTION 1 2 Defendants respectfully submit this Notice of Compliance with the Court’s preliminary 3 injunction Order dated December 23, 2017 (“PI Order”). As set forth below and in the attached 4 Declarations, Defendants have acted promptly to comply with the injunction. In particular, 5 Defendants have taken steps to include Security Advisory Opinion (SAO) nationals in this 6 quarter’s upcoming “circuit rides,” and in furtherance of their compliance with the Court’s Order, 7 aim to establish a third-quarter schedule that will include trips to areas where more SAO nationals 8 can be interviewed. These actions and others demonstrate Defendants’ good-faith compliance 9 with the injunction. PROCEDURAL HISTORY 10 11 On December 23, 2017, the Court preliminarily enjoined Defendants from enforcing two 12 provisions of the October 23, 2017, Memorandum to the President (“Joint Memorandum” or 13 “Agency Memo”). In that PI Order, the Court held that Defendants are enjoined from enforcing 14 those provisions of the Joint Memorandum that “suspend the processing of [following-to-join 15 (FTJ)] refugee applications or suspend the admission of FTJ refugees into the United States” and 16 that “suspend or inhibit, including through the diversion of resources, the processing of refugee 17 applications or the admission into the United States of refugees from SAO countries.” Doe v. 18 Trump, Nos. C17-0178JLR & C17-1707JLR, 2017 WL 6551491, at *26 (W.D. Wash. Dec. 23, 19 2017), appeal docketed, No. 18-35015. 20 Following entry of the PI Order, Defendants filed an emergency motion to stay the 21 injunction pending appeal. The Court denied that emergency motion in a January 9, 2018, Order. 22 See Doe v. Trump, Nos. C17-0178JLR & C17-1707JLR, 2018 WL 341597 (W.D. Wash. Jan. 9, 23 2018) (“Stay Denial Order”). In doing so, the Court suggested that Defendants may have 24 attempted through their motion to “unilaterally modify the preliminary injunction.” Id. at *2. The 25 Court elaborated: 26 DEFS.’ NOTICE OF COMPLIANCE WITH PRELIM. INJ. - 1 Doe, et al. v. Trump, et al., No. 2:17-cv-00178 (JLR) Jewish Family Service of Seattle, et al. v. Trump, et al., No. 2:17-cv-01707 (JLR) U.S. DEPARTMENT OF JUSTICE 20 Massachusetts Ave., NW Washington, DC 20530 Tel: (202) 514-3259 Case 2:17-cv-00178-JLR Document 114 Filed 01/19/18 Page 3 of 8 1 2 3 4 At this point, the court declines to consider the possibility that Defendants’ declaration is an improper attempt to excuse noncompliance with the court’s order. The court simply notes that, in the absence of a stay, Defendants’ failure to comply with the preliminary injunction could result in a possible finding of contempt and the possible imposition of sanctions. Id. at *2 n.3. 5 Defendants respectfully submit that they made no attempt to modify the injunction. 6 Defendants hereby offer this Notice to inform the Court of Defendants’ efforts to scrupulously 7 adhere to the Court’s PI Order. The Court ordered “Defendants to take actions that are necessary 8 to undo those portions of the Agency Memo that are enjoined.” Id. at *3. As explained herein, 9 Defendants have done exactly that.1 STATEMENT OF COMPLIANCE 10 11 In support of this Notice of Compliance, Defendants offer two Declarations: the first by 12 Kelly A. Gauger, Acting Director of the Admissions Office of the Bureau of Population, 13 Refugees, and Migration at the Department of State (“Gauger Decl.,” attached hereto as Exhibit 14 A); and the second by Jennifer B. Higgins, Associate Director of the Refugee, Asylum and 15 International Operations Directorate at the Department of Homeland Security (“Higgins Decl.,” 16 attached hereto as Exhibit B). 17 In its Stay Denial Order, the Court observed: “if Defendants sent guidance suspending 18 the admission of FTJ refugees or refugees from SAO countries, they must rescind that guidance. 19 If they issued instructions to de-prioritize the processing of applications from SAO countries, they 20 must reverse those instructions.” Doe, 2018 WL 341597, at *3. As the two attached Declarations 21 explain, both State and USCIS issued prompt guidance directing their personnel to comply with 22 the injunction. On December 24, 2017, State “issued guidance to its implementing partners at the 23 Resettlement Support Centers (RSCs) overseas . . . so that the[se] implementing partners could 24 25 26 1 The Court also observed in its Stay Denial Order that Defendants’ prior arguments about the injunction’s scope and impact were “conclusory and unsupported by any evidence.” Doe, 2018 WL 341597, at *3. In order to avoid a similar conclusion here, Defendants proffer the two attached Declarations to substantiate their compliance. DEFS.’ NOTICE OF COMPLIANCE WITH PRELIM. INJ. - 2 Doe, et al. v. Trump, et al., No. 2:17-cv-00178 (JLR) Jewish Family Service of Seattle, et al. v. Trump, et al., No. 2:17-cv-01707 (JLR) U.S. DEPARTMENT OF JUSTICE 20 Massachusetts Ave., NW Washington, DC 20530 Tel: (202) 514-3259 Case 2:17-cv-00178-JLR Document 114 Filed 01/19/18 Page 4 of 8 1 implement the injunction immediately upon opening of business after the federal holiday on 2 December 25, 2017.” Gauger Decl. ¶ 2. “The guidance instructed the RSCs to resume processing 3 all follow-to-join refugees . . . and nationals of . . . the 11 countries on the SAO list who have a 4 bona fide relationship to a person or entity within the United States.” Id. Further, the State 5 Department’s Bureau of Consular Affairs advised consular posts on December 23, 2017, to 6 adjudicate FTJ applications as normal. Id. ¶ 3. USCIS apprised its personnel of the injunction’s 7 immediate impact on December 24, 2017. Higgins Decl. ¶ 2. 8 The Stay Denial Order addressed the agencies’ scheduling of “circuit rides.” State and 9 DHS work closely with one another to schedule circuit rides, through which USCIS officers travel 10 to different locations worldwide to interview refugee applicants. Gauger Decl. ¶ 4; Higgins Decl. 11 ¶ 3. State typically submits requests for circuit rides to USCIS many weeks prior to each quarter 12 of the fiscal year. See Gauger Decl. ¶ 4; Higgins Decl. ¶ 4. After a schedule is set, in-country 13 RSCs slot in refugee applicants for interviews. Gauger Decl. ¶ 4. The schedule for circuit rides 14 occurring in the second quarter of fiscal year 2018 (January 1 through March 31) is appended as 15 Exhibit 1 to the Higgins Declaration. 16 The Court wrote that “nothing in the preliminary injunction requires Defendants to cancel 17 any already-scheduled circuit rides or refugee interviews.” Doe, 2018 WL 341597, at *3. 18 Defendants have accordingly not done so, and instead, have attempted to add SAO nationals to 19 the already-scheduled circuit rides. Specifically, on December 26, 2017, State reached out to the 20 RSCs to inquire whether any SAO nationals might be ready for interviews at locations already 21 included on the second-quarter calendar. Gauger Decl. ¶ 5. “As a result of this request, additional 22 interviews for SAO nationals have been added to the circuit rides to Indonesia and to Nauru and 23 Manus.” Id. 24 The Court added that “[c]omplying with the preliminary injunction . . . require[s] 25 Defendants to restore any circuit rides that they would have scheduled absent the Agency Memo.” 26 Doe, 2018 WL 341597, at *3. As the Higgins Declaration explains, it is not feasible to determine DEFS.’ NOTICE OF COMPLIANCE WITH PRELIM. INJ. - 3 Doe, et al. v. Trump, et al., No. 2:17-cv-00178 (JLR) Jewish Family Service of Seattle, et al. v. Trump, et al., No. 2:17-cv-01707 (JLR) U.S. DEPARTMENT OF JUSTICE 20 Massachusetts Ave., NW Washington, DC 20530 Tel: (202) 514-3259 Case 2:17-cv-00178-JLR Document 114 Filed 01/19/18 Page 5 of 8 1 with particularity what circuit rides or interviews would have been scheduled absent the Joint 2 Memorandum. Higgins Decl. ¶ 4. Preparation for circuit rides is a complicated and time- 3 consuming endeavor involving many factors, and as a result, circuit rides must be scheduled 4 weeks, if not more than a month, in advance. See id. ¶¶ 3-4. USCIS officers must make travel 5 arrangements, obtain visas, obtain and verify necessary vaccinations, secure country clearances, 6 and schedule and deliver site-specific pre-departure trainings and in-country briefings on arrival. 7 Id. ¶ 3. State and USCIS began scheduling second-quarter (January 1 through March 31, 2018) 8 circuit rides in October 2017, long before the injunction took effect. Id. ¶ 4. As a result, these 9 previously scheduled circuit rides did not include locations with relatively high numbers of SAO 10 nationals. Id. 11 Nevertheless, the Government, in furtherance of its compliance with the Court’s PI Order, 12 aims to establish a schedule for its third-quarter circuit rides that would include locations where 13 greater percentages of SAO nationals are ready for interviews, namely, Iraq, Jordan, Turkey, and, 14 potentially Kenya. See Gauger Decl. ¶ 6; Higgins Decl. ¶ 7.2 “Scheduling circuit rides to these 15 locations in the relatively near future is far preferable from a programmatic perspective” to 16 canceling planned circuit rides during the second quarter. Gauger Decl. ¶ 6. Cancellations of 17 already-scheduled circuit rides would “waste resources, slow down the refugee pipeline overall 18 (adversely affecting all refugee applicants), and cause undue hardship for those whose interviews 19 were already scheduled to take place, especially those who have been notified of their upcoming 20 interview.” Id. 21 Adding such locations for third-quarter circuit rides makes sense for an additional reason: 22 it is not feasible for the agencies to add new locations to the second-quarter schedule. As set forth 23 in the Higgins Declaration, all available officers will be participating in the circuit rides already 24 planned for this quarter. See Higgins Decl. ¶ 6. The agencies could not add new locations to the 25 26 2 Once the locations for the third-quarter circuit rides are finalized, Defendants can share that information with the Court upon the Court’s request. DEFS.’ NOTICE OF COMPLIANCE WITH PRELIM. INJ. - 4 Doe, et al. v. Trump, et al., No. 2:17-cv-00178 (JLR) Jewish Family Service of Seattle, et al. v. Trump, et al., No. 2:17-cv-01707 (JLR) U.S. DEPARTMENT OF JUSTICE 20 Massachusetts Ave., NW Washington, DC 20530 Tel: (202) 514-3259 Case 2:17-cv-00178-JLR Document 114 Filed 01/19/18 Page 6 of 8 1 second-quarter schedule without either reassigning personnel who are carrying out other 2 governmental obligations or canceling already-scheduled circuit rides. See id. Neither possibility 3 is reasonable or appropriate, as both would cause significant inefficiencies and hardship. 4 To summarize: the agencies promptly issued the necessary guidance to inform the field 5 of its obligation to comply with the injunction. The agencies have also taken steps to include 6 SAO nationals in the second-quarter circuit rides as scheduled, and aim to establish a third-quarter 7 schedule that includes locations where greater percentages of SAO nationals are processed 8 because it is not feasible to do so in the second quarter. These actions show the agencies’ good 9 faith commitment to compliance with the PI Order. 10 As the Court has allowed, the 90-day review for SAO countries has continued even as the 11 agencies have implemented the PI Order. Defendants cannot know or determine with certainty 12 the timing or impact of any further policies resulting from that review. Defendants intend to 13 notify the Court of any new policy once a final determination has been made. CONCLUSION 14 15 For the reasons stated herein, Defendants respectfully submit that they are in compliance 16 with the PI Order. 17 DATED: January 19, 2018 18 19 20 21 22 23 24 25 26 Respectfully submitted, CHAD A. READLER Acting Assistant Attorney General AUGUST E. FLENTJE Special Counsel JENNIFER D. RICKETTS Director, Federal Programs Branch JOHN R. TYLER Assistant Director, Federal Programs Branch /s/ Joseph C. Dugan MICHELLE R. BENNETT DANIEL SCHWEI DEFS.’ NOTICE OF COMPLIANCE WITH PRELIM. INJ. - 5 Doe, et al. v. Trump, et al., No. 2:17-cv-00178 (JLR) Jewish Family Service of Seattle, et al. v. Trump, et al., No. 2:17-cv-01707 (JLR) U.S. DEPARTMENT OF JUSTICE 20 Massachusetts Ave., NW Washington, DC 20530 Tel: (202) 514-3259 Case 2:17-cv-00178-JLR Document 114 Filed 01/19/18 Page 7 of 8 6 KEVIN SNELL JOSEPH C. DUGAN Trial Attorneys U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue, NW Washington, DC 20530 Tel: (202) 514-3259 Fax: (202) 616-8470 Email: joseph.dugan@usdoj.gov 7 Attorneys for Defendants 1 2 3 4 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DEFS.’ NOTICE OF COMPLIANCE WITH PRELIM. INJ. - 6 Doe, et al. v. Trump, et al., No. 2:17-cv-00178 (JLR) Jewish Family Service of Seattle, et al. v. Trump, et al., No. 2:17-cv-01707 (JLR) U.S. DEPARTMENT OF JUSTICE 20 Massachusetts Ave., NW Washington, DC 20530 Tel: (202) 514-3259 Case 2:17-cv-00178-JLR Document 114 Filed 01/19/18 Page 8 of 8 CERTIFICATE OF SERVICE 1 2 3 4 5 6 7 8 I certify that on January 19, 2018, a copy of the foregoing document was electronically filed with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to all counsel of record. DATED this 19th day of January, 2018. /s/ Joseph C. Dugan JOSEPH C. DUGAN 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DEFS.’ NOTICE OF COMPLIANCE WITH PRELIM. INJ. - 7 Doe, et al. v. Trump, et al., No. 2:17-cv-00178 (JLR) Jewish Family Service of Seattle, et al. v. Trump, et al., No. 2:17-cv-01707 (JLR) U.S. DEPARTMENT OF JUSTICE 20 Massachusetts Ave., NW Washington, DC 20530 Tel: (202) 514-3259 Case Document 114-1 Filed 01/19/18 Page 1 of 5 Exhibit A 'Jt-hbJN Case Document 114-1 Filed 01/19/18 Page 2 of 5 The Honorable James L. Robart UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE JOHN DOE, et a1., Civil Action No. Plaintiffs, v. DONALD TRUMP, et al., Defendants. JEWISH FAMILY SERVICE OF Civil Action No. SEATTLE, et al., Plaintiffs, DECLARATION OF KELLY A. GAUGER IN SUPPORT OF V- DEFENDANT 8? NOTICE OF COMPLIANCE WITH DONALD TRUMP, 8t 81-, PRELIMINARY INJUNCTION Defendants. (RELATING TO BOTH CASES) I, Kelly A. Gauger, for my Declaration pursuant to 28 U.S.C. 1746, hereby state and depose as follows: 1. I am the Acting Director of the Admissions Of?ce of the Bureau of Population, Refugees, and Migration of the United States Department of State. I have served as Acting Director of the Admissions Office since 2017, and I have served as Deputy Director of the Admissions Of?ce since 2011. In my current position, I oversee DECLARATION or KELLY A. GAUGER- 1 DEPARTMENT OF JUSTICE 20 Massachusetts Ave, NW Doe, el al. v. Trump, e! 01., No. 2:17-cv-00178 (JLR) Washington, DC 20530 Jewish Family Service of Seattle, et al. v. Trump, et al., No. 2: l7-cv-Ol 707 (.1 LR) Te" (202) 514?3259 Case Document 114-1 Filed 01/19/18 Page 3 of5 the Department of State?s functions in the US. Refugee Admissions Program, conducted under the authority of the Refugee Act of 1980. I submit this Declaration in support of Defendants? Notice of Compliance with Preliminary Injunction. The statements made herein are based on my personal knowledge and information made available to me in the course of carrying out my duties and responsibilities as Acting Director of the PRM Of?ce of Admissions. . Shortly after noon on December 24, 2017, the Office of Admissions issued guidance to its implementing partners at the Resettlement Support Centers (RSCs) overseas regarding the District Court?s issuance of a nationwide injunction so that the implementing partners could implement the injunction immediately upon opening of business after the federal holiday on December 25, 2017. The guidance instructed the RSCs to resume processing all follow-to~join refugees (V 935) and nationals of (and stateless persons who last habitually resided in) the 11 countries on the SAC list who have a bona ?de relationship to a person or entity within the United States. Additional detailed guidance on the bona ?de relationship requirement for processing of SAO nationalities was provided to the RSCs on December 28, 2017. . The pause in admission of follow-to-join refugees (V 935) was also implemented at the Department of State by the Bureau of Consular Affairs. I am aware that the Bureau of Consular Affairs advised consular posts on December 23, 2017 of the injunction and instructed them (1) to adjudicate, as normal, all cases held at posts due to the suspension on follow-to-join refugees (V933) and (2) that the National Visa Center will resume transferring new V93 cases to posts per normal procedures. I am also aware that an additional State Department cable with guidance on follow-to-join refugees was sent to all diplomatic and consular posts on January 4, 2018. . Admissions Of?ce works closely with the Refuge, Asylum, and International Operations Directorate (RAIO) of US. Citizenship and Immigration Services (U SCIS) . us. DEPARTMENT or JUSTICE DECLARATION OF KELLY A. GAUGER 2 20 Massachusetts Ave? NW Doe, er al. v. Trump, e! No. 2:17-cv-00178 (JLR) Washington, DC 20530 Jewish Family Service ofSealtle, e! v. Trump, e! 01., No. 2: l7-cv-01707 (JLR) (202) 5?4'3259 Case Document 114-1 Filed 01/19/18 Page 4 of 5 at the Department of Homeland Security to schedule circuit rides of USCIS RAIO Of?cers to interview refugee applicants. The Admissions Of?ce begins the process by submitting regular requests for circuit rides to RAIO, generally prior to each quarter of the ?scal year, based on the number of re?igee applicants whose cases are at the interview stage at the various RSCs. In order to be ready for interview by USCI Of?cers, a refugee applicant must have already gone through speci?c processing steps, including a prescreening interview by the RSCs of the refugee applicant and any accompanying family members and initiation of biographic security checks. Once a ?nal schedule has been set for the circuit rides, the RSCs will schedule refugee applicants for interviews with the RAIO O?icers based on which cases are ready for interview at those locations. Refugees are typically noti?ed of their upcoming interviews once they have been scheduled. . On December 26, 2017, the Admissions Of?ce asked the RSCs whether there were any SAO nationals that were ready for interview and who could be added to the second? quarter circuit ride schedule, in order to comply with the Court?s injunction. As a result of this request, additional interviews for SAO nationals have been added to the circuit rides to Indonesia and to Nauru and Manus. . In furtherance of its compliance with the Court?s injunction, the State Department currently plans to add locations to its request for its third quarter circuit rides where large populations of SAO nationals are ready for interviews, namely, Iraq, Jordan, Turkey, and, potentially, Kenya. Scheduling circuit rides to these locations in the relatively near future is far preferable from a programmatic perspective over cancelling already-scheduled circuit rides to try to add new circuit rides to SAO locations. Cancelling scheduled circuit rides would waste resources, slow down the refugee pipeline overall (adversely affecting all refugee applicants), and cause undue hardship DECLARATION or KELLY A. GAUGER- 3 DEPARTMENT 0" JUSTICE 20 Massachusetts Ave, NW Doe, et al. v. Trump. e! 01., No. 2:17-cv-00178 (JLR) Washington, DC 20530 Jewish Family Service ofSeattIe, e! v. Trump, e! at, No. 2:17-cv-01707 (JLR) (202) ?+3259 Lh-hbJN Case Document 114-1 Filed 01/19/18 Page 5 of 5 for those whose interviews were already scheduled to take place, especially those who have been noti?ed of their upcoming interview. 7. I declare under penalty of perjury that the foregoing is true and correct. Executed on .mwu V1 ?8 ,2018. 4. 111 L12 V/v Kelly A. Gauger U.S. DEPARTMENT OF JUSTICE DECLARA I ION OF KELLY A. GAUGER 4 20 Massachusetts Ave, NW Doe, et al. v. Trump, (3101., No. 2: l7-cv-00178 (JLR) Washington. DC 20530 Jewish Family Service ofSeattle, et al. v. Trump, et (11., No. 2: l7-cv-01707 (JLR) (202)5113259 Case Document 114-2 Filed 01/19/18 Page 1 of 7 Exhibit Case Document 114-2 Filed 01/19/18 Page 2 of 7 The Honorable James L. Robart UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON JOHN DOE, et al., Plaintiffs, v. DONALD TRUMP, et al., Defendants. JEWISH FAMILY SERVICE OF SEATTLE, et al., Plaintiffs, v. DONALD TRUMP, et al., Defendants. AT SEATTLE Civil Action No. Civil Action No. DECLARATION OF JENNIFER B. HIGGINS IN SUPPORT OF DEF NOTICE OF COMPLIANCE WITH PRELIMINARY INJUNCTION (RELATING TO BOTH CASES) I, Jennifer B. Higgins, for my Declaration pursuant to 28 U.S.C. 1746, hereby state and depose as follows: I. I am the Associate Director of the Refugee, Asylum and lntemational Operations (RAIO) Directorate at US. Citizenship and Immigration Services (USCIS), within the Department of Homeland Security (DHS). have held this position since 2017. In my current position, I oversee RAIO operations, which includes conducting refugee . US. DEPARTMENT OF JUSTICE l)E( LARA or JENNIFER B. HIGGINS I 20 m" NW Doc. clal. v. Trump. clal.. No. 2:l 7-cv-00l78 (JLR) Washington. DC 20530 Jews/I Family-Service o/Seaule. er al. v. Trump. cl No. 2:1 7-cv-0I707 (JLR) 12?? Case Document 114-2 Filed 01/19/18 Page 3 of 7 processing activities in more than 60 international locations over the course of a typical ?scal year; processing requests for asylum at eight Asylum Of?ces domestically; and providing immigration services at USCIS of?ces in 21 countries abroad. I submit this Declaration in support of Defendants? Notice of Compliance with Preliminary injunction. The statements made herein are based on my personal knowledge and information made available to me in the course of carrying out my duties and responsibilities as Associate Director. . On December 24, 2017, noti?ed RAIO of?cers regarding the District Court?s issuance of a nationwide injunction so that of?cers could comply with and implement the injunction. That noti?cation instructed of?cers to release all following-to-join refugee cases previously on hold and continue to process them under procedures in effect prior to implementation of the Joint Memorandum. It also explained that the Department of State was providing separate guidance to Resettlement Support Centers (RSCs) to resume processing refugee cases for nationals of (and stateless persons who last habitually resided in) the 1 countries subject to Security Advisory Opinions (SAO) who have a bona ?de relationship to a person or entity within the United States. works closely with the Department of State?s Bureau of Population, Refugees, and Migration (PRM) to schedule circuit rides of USCIS of?cers to interview refugee applicants. While some refugee applicants are interviewed in locations where USCIS officers are posted,l the vast majority are interviewed by sending staff on circuit rides to locations where USCIS does not have a presence in order to conduct in-person interviews of refugee applicants and adjudicate their applications for resettlement in the United States. No such circuit rides were in progress on December 23, 2017, but planning was underway for the second quarter of the ?scal year (January l?March 3 USCIS has 24 of?ces in 21 countries abroad, but generally only interviews refugee applicants in four of those locations?Bangkok, Havana, Moscow, and New Delhi. DECLARATION or JENNIFER a. HIGGINS - 2 DEPARTMENT 0" 20 Massachusetts Ave. NW Doe. cl al. v. Trump. 2! al.. No. 2: 7-cv-00I78 (JLR) Washington. DC 205.30 Jell'iJ/t Family Service ofSeaII/e. el al. v. Trump. 9! al.. No. 2: I 7-CV-0I 707 (JLR) Case Document 114-2 Filed 01/19/18 Page 4 of 7 Preparation for such circuit rides requires signi?cant lead time and resources, which includes prescreening of applicants by the RSCs, travel and logistical planning for RAIO Of?cers obtaining visas, verifying/obtaining necessary vaccinations, obtaining country clearances from the relevant U.S. embassy, and making travel and lodging reservations), as well as scheduling and delivering site-speci?c pre-departure training to RAIO Of?cers and necessary brie?ngs in-country upon arrival. For locations with signi?cant numbers of SAO nationals, the time necessary for obtaining visas is typically 3 weeks for Jordan, 4 weeks for Turkey and Egypt, 6 weeks for Iraq, andIO days for Kenya. . The current schedule for circuit rides for the second quarter of ?scal year 2018 is attached as Exhibit 1 to this Declaration. Because of the lead time necessary to schedule circuit rides, RAID and PRM began scheduling and preparation for the second quarter circuit rides in October 2017. In November, PRM, regional RSCs, and Refugee Affairs Division (RAD) staff corresponded to come to agreement on certain circuit ride locations and the number of cases to be scheduled for interview in those locations, while RAD also evaluated its available staf?ng capacity. RAD created day- by-day schedules for each location where there was initial agreement, including information on staf?ng, processing dates, and numbers of applicants to be interviewed, and shared that information with PRM and the RSCs by the end of December, but before December 23. RAD desk of?cers then corresponded with relevant U.S. embassy contacts and RSCs on logistics and other necessary arrangements. RAD desk of?cers also began to work with staff members who had been identi?ed to travel to discuss necessary visa and travel paperwork and to launch trip preparations. In addition, the International Operations Division?s (IO) international district management identi?ed which staff posted abroad were available for refugee processing during the PRM- proposed dates and in locations where IO has primaryjurisdiction. By mid-to-late U.S. DEPARTMENT OF JUSTICE DECLARATION OF JENNIFER B. HIGGINS - 3 20 Massachusetts Ave. NW Doc. el al. v. Trump. 9! al.. No. 2: I 78 (J LR) Wuhingtou. DC 20530 Jewish Family Serwce of Scan/e. e! v. Trump. 9:01.. No. 2: 7-cv-0l 707 (J LR) Tel: (102) 514-3259 Case Document 114-2 Filed 01/19/18 Page 5 of 7 December, but before December 23, 2017, second-quarter circuit rides for 10 staff were scheduled once staff availability was con?rmed. At the time of these preparations, USCIS and PRM were operating under the understanding that the Joint Memorandum?s SAO provision would remain in full effect for 90 days from October 23, 2017, through January 22, 2018. Accordingly, circuit rides were not scheduled to take place in locations with heavy SAO populations. It is not feasible to state with particularity which locations would have been selected for circuit rides in the second quarter in the absence of the Joint Memorandum. 5. I understand that on December 26, 2017, Admissions Of?ce asked their overseas network of RSCs whether there were any SAO nationals who were ready for interview and who could be added to the second-quarter circuit ride schedule, in order to comply with the Court?s injunction. As a result of this request, additional interviews for SAO nationals have been added to the circuit rides to Indonesia, Nauru, and Manus, and USCIS staff expect to interview these additional cases in the second quarter. 6. All available RAIO of?cers2 will be participating in the circuit rides currently planned for the second quarter. Thus, the scheduling of additional circuit rides in order to interview more SAO nationals during the second quarter would require RAIO to either divert USCIS of?cers from other important agency priorities or cancel already- scheduled circuit rides in order to make those of?cers available for newly scheduled circuit rides in locations with a high percentage of applicants of SAO nationalities. 7. I understand that the US. Department of State plans to request for the third quarter circuit rides in locations where greater percentages of SAO nationals are ready for interviews, namely, Iraq, Jordan, Turkey, and potentially, Kenya. In response to the 2 Officers who are assigned to other mission-critical tasks such as adjudicating asylurr claims, assisting with a major fraud investigation in the refugee program, or who are departing, for other positions, or are otherwise unable to travel in the second quarter for personal reasons are not considered ?available.? DECLARATION or JENNIFER B. HIGGINS - 4 "5 DEPARWENT ONUWCE 20 Massachusetts Ave. NW Doe. el al. v. Trump. el al.. No. 2: 7-cv-00I78 (JLR) Washington. DC 20530 Jewish Family Sen'lce er al. v. Trump. el al.. No. 2: 7-cv-0I 707 (.ILR) ??259 IJ 4) 5J0 6 2i) Case Document 114-2 Filed 01/19/18 Page 6 of 7 State Department?s request. and in furtherance of Dl-lS?s compliance with the Court?s injunction. l)l IS will aim to establish a third quarter circuit ride schedule? that will include locations where 8A0 nationals are ready for interview. in order to process such applications consistent with its existing authorities and all applicable screening requirements. 8. I declare under penalty ol?perjur)? that the foregoing is true and correct. Executed on . 20l8. 23% Jem't)ifer B. Higgt Vl/ ("ircuit rides schedules are always subject to modi?cation based on changed circumstances. such as the availability of visas or the security situation in :t given locationl)l.t I llIlut-Imfs 2" ling, pm] [rump No 2 R) . ll 5 4-525" .leulsh I'ilimli' Var/cc r! (rump. t'Iu/ . No (2 2i Case Document 114-2 Filed 01/19/18 Page 7 of 7 Exhibit 1 Current Schedule for USCIS Circuit Rides for Second Quarter of Fiscal Year 2018 USCIS's refugee circuit ride schedule for the second Quarter (Q2) of FY 8 (Jan. 1- March 31. 2018) is as follows (as ofJanuary 19. 2018*): San Salvador. 151 Salvador: January 2 February 2 Tegucigalpa. Honduras: January 7 January 19 Kyiv. Ukraine: January 22 March 6 Dzaleka. Malawi: January 22 February 6 Burundi: January 27 February 22 Rwanda: January 27 February 22 Tanzania: January 27 February 22 Uganda: January 27 February 22 Thailand: January 27 February 22 Malaysia: Jan 30 February 22 Otjiwarongo. Namibia: February 12 February 22 Nauru: February 20 March 13 Indonesia: February 20- March 14 (dates are tentative) Solwezi. Zambia: February 28 March 15 Guinea: March 1 March 13 Ivory Coast: March 14 March 22 Durban. South Africa: March 10 March 23 l?apua New Guinea: March 18-April 10 Pakistan: April 4 April 13 (dates are tentative) also interviews some refugee applicants at international lield locations as part ofthc regular workload. These cases are limited in number. scheduled on an as-necded basis. and occur primarily in Bangkok. ?l?hailand: Moscow. Russia: and New Delhi. lndia. Circuit rides schedules are always subject to modification based on changed circumstances. such as the availability of visas or the security situation in a given location.