Case 2:17-cv-00178-JLR Document 119 Filed 01/31/18 Page 1 of 5 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 FOLLOWING CONCLUSION OF 90-DAY SAO REFUGEE REVIEW (RELATING TO BOTH CASES) Defendants. 21 22 23 24 25 26 DEFS.’ NOTICE FOLLOWING CONCLUSION OF 90-DAY SAO REFUGEE REVIEW 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 119 Filed 01/31/18 Page 2 of 5 1 Defendants respectfully submit this Notice regarding the conclusion of the 90-day 2 Security Advisory Opinion (SAO) review period prescribed by the October 23, 2017, 3 Memorandum to the President (“Agency Memo” or “Joint Memorandum”). That review period 4 expired by its terms on January 22, 2018 (January 21 was a Sunday). 5 As stated in the Court’s Order of December 23, 2017, the preliminary injunction that 6 barred the suspension of SAO refugee processing did “not apply to Defendants’ efforts to conduct 7 a detailed threat assessment for each SAO country.” Doe v. Trump, No. C17-0178JLR, 2017 WL 8 6551491, at *26 (W.D. Wash. Dec. 23, 2017). Those efforts continued, and on January 29, 2018, 9 the Secretary of Homeland Security signed a memorandum outlining additional security 10 enhancements and recommendations to strengthen the integrity of the U.S. Refugee Admissions 11 Program (USRAP). As the Department of Homeland Security summarized in a related press 12 release, these security enhancements and recommendations include: (1) “Additional screening 13 for certain nationals of high-risk countries”; (2) “Administering the USRAP in a more risk-based 14 manner when considering the overall refugee admissions ceiling, regional allocations, and the 15 groups of applicants considered for resettlement”; and (3) “A periodic review and update of the 16 refugee high-risk country list and selection criteria.” Press Release, Dep’t of Homeland Sec., 17 DHS Announces Additional, Enhanced Security Procedures for Refugees Seeking Resettlement 18 in the United States (last updated Jan. 31, 2018), https://www.dhs.gov/news/2018/01/29/dhs- 19 announces-additional-enhanced-security-procedures-refugees-seeking-resettlement. 20 As further set forth in the press release, actions will be “undertaken consistent with the 21 nationwide injunction issued by the United States District Court for the Western District of 22 Washington. 23 injunction will be honored.” Id. In addition, any commitments made by the United States to implement the 24 Defendants do not understand the preliminary injunction that is currently in place in this 25 case to prohibit Defendants from implementing these enhancements and recommendations. See 26 Washington v. Trump, No. C17-0141JLR, 2017 WL 1045950, at *3-4 (W.D. Wash. Mar. 16, DEFS.’ NOTICE FOLLOWING CONCLUSION OF 90-DAY SAO REFUGEE REVIEW - 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 119 Filed 01/31/18 Page 3 of 5 1 2017) (declining to enforce preliminary injunction against EO-1 to prohibit Defendants from 2 implementing EO-2). 3 Finally, because the 90-day SAO review period has concluded, and because (as 4 Defendants previously represented) the implementation of the additional procedures for 5 following-to-join refugees set forth in the Joint Memorandum is expected to be completed on or 6 about February 1, 2018, the Jewish Family Service case and the claims regarding the Joint 7 Memorandum in the Doe case will soon become moot. The Government expects to file a motion 8 in the U.S. Court of Appeals for the Ninth Circuit seeking remand of the cross-appeals with 9 instructions to dismiss as moot, as well as vacatur of the underlying injunction and dismissal of 10 the appeal as moot. 11 DATED: January 31, 2018 12 13 14 15 16 17 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 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 DEFS.’ NOTICE FOLLOWING CONCLUSION OF 90-DAY SAO REFUGEE REVIEW - 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 119 Filed 01/31/18 Page 4 of 5 1 Attorneys for Defendants 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 DEFS.’ NOTICE FOLLOWING CONCLUSION OF 90-DAY SAO REFUGEE REVIEW - 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 119 Filed 01/31/18 Page 5 of 5 CERTIFICATE OF SERVICE 1 2 3 4 5 6 7 8 I certify that on January 31, 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 31st 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 FOLLOWING CONCLUSION OF 90-DAY SAO REFUGEE REVIEW - 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