Case 2:17-cv-00178-JLR Document 122 Filed 02/15/18 Page 1 of 26 THE HONORABLE JAMES L. ROBART UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE JOHN DOE, et al., CASE NO. C17-0178JLR Plaintiffs, v. DONALD TRUMP, et al., Defendants. JEWISH FAMILY SERVICE, et al., DECLARATION OF MELISSA KEANEY IN SUPPORT OF PLAINTIFFS’ CROSSMOTION FOR LIMITED EXPEDITED DISCOVERY ON COMPLIANCE WITH PRELIMINARY INJUNCTION CASE NO. C17-1707JLR Plaintiffs, v. (RELATING TO CASE NO. C17-1707JLR) DONALD TRUMP, et al., Defendants. I, Melissa Keaney, declare as follows: 1. I am a Staff Attorney at the National Immigration Law Center and counsel for JFS Plaintiffs in this action. I submit this declaration in support of JFS Plaintiffs’ crossmotion for limited expedited discovery on compliance with the preliminary injunction. DECLARATION OF MELISSA KEANEY IN SUPPORT OF PLAINTIFFS’ CROSS-MOTION (No. 17-cv-1707-JLR) – 1 138282883.1 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 Case 2:17-cv-00178-JLR Document 122 Filed 02/15/18 Page 2 of 26 2. Attached as Exhibit A is a true and correct copy of an e-mail I sent Joseph Dugan and Kevin Snell, counsel for Defendants, on February 1, 2018 at 1:54 pm PST.1 3. Attached as Exhibit B is a true and correct copy of an e-mail I received from Joseph Dugan, counsel for Defendants, on February 8, 2018 at 5:33 pm. 4. Attached as Exhibit C is a true and correct copy of a redacted version of a January 29, 2018 Memorandum from U.S. Department of Homeland Security Secretary Kirstjen M. Nielsen to U.S. Citizenship and Immigration Services Director L. Francis Cissna, as provided to me by Joseph Dugan, counsel for Defendants, as an attachment to the e-mail referenced above as Exhibit B. 5. Attached as Exhibit D is a true and correct copy of an e-mail I sent Joseph Dugan and Kevin Snell, counsel for Defendants, on February 12, 2018 at 1:36 pm. 6. Attached as Exhibit E is a true and correct copy of an e-mail I received from Joseph Dugan, counsel for Defendants, on February 13, 2018 at 1:59 pm. I declare under penalty of perjury under the law of the United States that the foregoing is true and correct. Executed this 14th day of February, 2018, at Sacramento, California. __________________________________ Melissa Keaney 1 All references to time in this declaration are to Pacific Standard Time. DECLARATION OF MELISSA KEANEY IN SUPPORT OF PLAINTIFFS’ CROSS-MOTION (No. 17-cv-1707-JLR) – 2 138282883.1 Perkins Coie LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 Case Document 122 Filed 02/15/18 Page 3 of 26 Exhibit A Case 2:17-cv-00178-JLR Document 122 Filed 02/15/18 Page 4 of 26 Thursday, February 8, 2018 at 3:15:34 PM Pacific Standard Time Subject: Re: JFS v. Trump Date: Thursday, February 1, 2018 at 1:54:12 PM Pacific Standard Time From: Melissa Keaney To: Dugan, Joseph (CIV), Mariko Hirose, Snell, Kevin (CIV) CC: JusOn Cox, Sheehan Davis, Abigail, Kornreich, Mollie, Staniar, Lauren (Perkins Coie), Linda Evarts, Burman, David J. (Perkins Coie) Dear Joe and Kevin, Plain0ffs noted that yesterday’s filing, “Defendants’ No0ce Following Conclusion of 90-day SAO Refugee Review,” referred to a Memorandum signed by DHS Secretary Nielsen on January 29, 2018. Can Defendants please provide us with a copy of the Memorandum as soon as possible? Best, Melissa -Melissa Keaney Staff Attorney National Immigration Law Center 3435 Wilshire Blvd., Ste. 1600 Los Angeles CA 90010 ph 213.674.2820 f 213.639.3911 c 805.252.3845 keaney@nilc.org CONFIDENTIALITY NOTICE: The information contained in this e-mail message may be privileged, confidential, or otherwise legally protected from disclosure and covered by the Electronic Communications Privacy Act, 18 U.S.C. sec. 2510 et seq. If you are not the intended recipient of this message, you are informed that any retention, copying, distribution, and/or other use or dissemination of any portion of its contents is prohibited. From: "Dugan, Joseph (CIV)" Date: Monday, January 22, 2018 at 10:00 AM To: Mariko Hirose , "Snell, Kevin (CIV)" Cc: Melissa Keaney , Jus0n Cox , "Sheehan Davis, Abigail" , "Kornreich, Mollie" , "Staniar, Lauren (Perkins Coie)" , Linda Evarts , "Burman, David J. (Perkins Coie)" Subject: RE: JFS v. Trump Dear Mariko, et al., Due to the changing circumstances concerning the status of appropria7ons, I wanted to inform you that I will Page 1 of 3 Case 2:17-cv-00178-JLR Document 122 Filed 02/15/18 Page 5 of 26 wait un7l tomorrow to file the stay mo7on if it is s7ll necessary to do so. Thanks! Joe From: Dugan, Joseph (CIV) Sent: Monday, January 22, 2018 10:43 AM To: 'Mariko Hirose' ; Snell, Kevin (CIV) Cc: 'Melissa Keaney' ; 'Jus7n Cox' ; 'Sheehan Davis, Abigail' ; 'Kornreich, Mollie' ; 'Staniar, Lauren (Perkins Coie)' ; 'Linda Evarts' ; 'Burman, David J. (Perkins Coie)' Subject: RE: JFS v. Trump Dear Mariko, et al., In light of the lapse in appropria7ons, the Government intends to file a stay mo7on today (probably in the next couple of hours) reques7ng a stay of all proceedings in JFS (including the deadline for our reply in support of our pending stay mo7on) un7l appropria7ons are restored. Would you please state whether JFS Plain7ffs have any objec7on to our planned mo7on? Best, Joe Joseph C. Dugan Trial Attorney United States Department of Justice Civil Division Federal Programs Branch 20 Massachusetts Ave. NW, Rm. 7225 Washington, D.C. 20530 (202) 514-3259 (phone) (202) 616-8470 (fax) Joseph.Dugan@usdoj.gov From: Dugan, Joseph (CIV) Sent: Friday, January 19, 2018 5:25 PM To: 'Mariko Hirose' ; Snell, Kevin (CIV) Cc: Melissa Keaney ; Jus7n Cox ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Linda Evarts ; Burman, David J. (Perkins Coie) Subject: RE: JFS v. Trump Dear Mariko, et al., Thanks for your e-mail. As I imagine you have already seen, Defendants filed this evening a No7ce of Compliance with the preliminary injunc7on. A courtesy copy is aiached for your convenience. Best, Joe Page 2 of 3 Case 2:17-cv-00178-JLR Document 122 Filed 02/15/18 Page 6 of 26 Joseph C. Dugan Trial Attorney United States Department of Justice Civil Division Federal Programs Branch 20 Massachusetts Ave. NW, Rm. 7225 Washington, D.C. 20530 (202) 514-3259 (phone) (202) 616-8470 (fax) Joseph.Dugan@usdoj.gov From: Mariko Hirose [mailto:mhirose@refugeerights.org] Sent: Friday, January 19, 2018 3:53 PM To: Dugan, Joseph (CIV) ; Snell, Kevin (CIV) Cc: Melissa Keaney ; Jus7n Cox ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Linda Evarts ; Burman, David J. (Perkins Coie) Subject: JFS v. Trump Dear Joe and Kevin, We are reaching out because, as you know from our filings, we are quite concerned about what Defendants understand the preliminary injunc7on to require of them, as well the ac7ons Defendants took to implement the Agency Memo and the steps Defendants have taken to comply with the preliminary injunc7on. We are therefore wri7ng to request that you provide informa7on detailing both the ac7ons taken to implement the Memo and the steps taken to comply with the preliminary injunc7on. Because this informa7on is presumably already at your disposal, we request that you provide us with this informa7on by January 24, which is in advance of Plain7ffs’ deadline to respond to Defendants request for a stay of proceedings. Thank you, Mariko -Mariko Hirose Litigation Director International Refugee Assistance Project New York Urban Justice Center 40 Rector Street, 9th Fl New York, NY 10006 tel: 646 459 3044 mhirose@refugeerights.org www.refugeerights.org Follow us on Twitter Like us on Facebook This message and its attachments are sent by a law office and may contain information that is confidential and protected by privilege from disclosure. If you are not the intended recipient, you are prohibited from printing, copying, forwarding, or saving this email and any attachments. Please notify the sender immediately if you believe that you are not the intended recipient. Page 3 of 3 Case Document 122 Filed 02/15/18 Page 7 of 26 Exhibit Case 2:17-cv-00178-JLR Document 122 Filed 02/15/18 Page 8 of 26 Wednesday, February 14, 2018 at 10:55:03 AM Pacific Standard Time Subject: Date: From: To: CC: RE: JFS v. Trump Thursday, February 8, 2018 at 5:33:31 PM Pacific Standard Time Dugan, Joseph (CIV) Melissa Keaney, Mariko Hirose, Snell, Kevin (CIV) JusPn Cox, Sheehan Davis, Abigail, Kornreich, Mollie, Staniar, Lauren (Perkins Coie), Linda Evarts, Burman, David J. (Perkins Coie) A2achments: Memorandum.pdf Melissa, et al., Thanks again for your pa6ence. A9ached please find the Memorandum signed by the Secretary of Homeland Security on January 29, 2018. Please note that we have produced the Memorandum in full save for one segment of one sentence on the third page. The agency has determined that this short segment is privileged material. If you have ques6ons or concerns, don’t hesitate to contact me. While it is conceivable that a lapse in congressional appropria6ons could impact my availability tomorrow, I expect that Kevin and/or I will be in the office tomorrow morning. Best, Joe Joseph C. Dugan Trial Attorney United States Department of Justice Civil Division Federal Programs Branch 20 Massachusetts Ave. NW, Rm. 7225 Washington, D.C. 20530 (202) 514-3259 (phone) (202) 616-8470 (fax) Joseph.Dugan@usdoj.gov From: Melissa Keaney [mailto:keaney@nilc.org] Sent: Thursday, February 08, 2018 6:55 PM To: Dugan, Joseph (CIV) ; Mariko Hirose ; Snell, Kevin (CIV) Cc: Jus6n Cox ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Linda Evarts ; Burman, David J. (Perkins Coie) Subject: Re: JFS v. Trump Dear Joe, In light of the fact that it is now past close of business for you, we assume you will be unable to meet our requested 6meline to provide either a copy of the January 29, 2018 Memorandum or an explana6on for why it is being withheld. We write to inform you that we plan to file a mo6on this evening with the Court. We will also plan to file our FOIA request tomorrow. Best, Page 1 of 7 Case 2:17-cv-00178-JLR Document 122 Filed 02/15/18 Page 9 of 26 Melissa -Melissa Keaney Staff Attorney National Immigration Law Center 3435 Wilshire Blvd., Ste. 1600 Los Angeles CA 90010 ph 213.674.2820 f 213.639.3911 c 805.252.3845 keaney@nilc.org CONFIDENTIALITY NOTICE: The information contained in this e-mail message may be privileged, confidential, or otherwise legally protected from disclosure and covered by the Electronic Communications Privacy Act, 18 U.S.C. sec. 2510 et seq. If you are not the intended recipient of this message, you are informed that any retention, copying, distribution, and/or other use or dissemination of any portion of its contents is prohibited. From: Melissa Keaney Date: Wednesday, February 7, 2018 at 3:46 PM To: "Dugan, Joseph (CIV)" , Mariko Hirose , "Snell, Kevin (CIV)" Cc: JusUn Cox , "Sheehan Davis, Abigail" , "Kornreich, Mollie" , "Staniar, Lauren (Perkins Coie)" , Linda Evarts , "Burman, David J. (Perkins Coie)" Subject: Re: JFS v. Trump Dear Joe, Thank you for the update. I write to request that you please provide us with a copy of the memorandum or a basis for denying our request no later than tomorrow (COB), which will have been one week since we first made the request. We have drahed and are ready to file a FOIA seeking a copy of the memo, but we can wait to file un6l Friday in the hope that filing will be unnecessary. Best, Melissa -Melissa Keaney Staff Attorney National Immigration Law Center 3435 Wilshire Blvd., Ste. 1600 Los Angeles CA 90010 ph 213.674.2820 f 213.639.3911 c 805.252.3845 Page 2 of 7 Case 2:17-cv-00178-JLR Document 122 Filed 02/15/18 Page 10 of 26 keaney@nilc.org CONFIDENTIALITY NOTICE: The information contained in this e-mail message may be privileged, confidential, or otherwise legally protected from disclosure and covered by the Electronic Communications Privacy Act, 18 U.S.C. sec. 2510 et seq. If you are not the intended recipient of this message, you are informed that any retention, copying, distribution, and/or other use or dissemination of any portion of its contents is prohibited. From: "Dugan, Joseph (CIV)" Date: Wednesday, February 7, 2018 at 10:37 AM To: Melissa Keaney , Mariko Hirose , "Snell, Kevin (CIV)" Cc: JusUn Cox , "Sheehan Davis, Abigail" , "Kornreich, Mollie" , "Staniar, Lauren (Perkins Coie)" , Linda Evarts , "Burman, David J. (Perkins Coie)" Subject: RE: JFS v. Trump Dear Melissa and Mariko, et al., I’m following up on your 2/1 request for a copy of the 1/29 memorandum by the Secretary of Homeland Security, as referenced in our NoUce Following Conclusion of 90-Day SAO Refugee Review (ECF No. 119). We have been in contact with our clients over the past several days to discuss whether any of the contents of the memorandum are privileged. We hope that determinaUon will be made shortly, and we will be in touch with you as soon as possible. Thanks for your paUence, and best regards, Joe Dugan Joseph C. Dugan Trial Attorney United States Department of Justice Civil Division Federal Programs Branch 20 Massachusetts Ave. NW, Rm. 7225 Washington, D.C. 20530 (202) 514-3259 (phone) (202) 616-8470 (fax) Joseph.Dugan@usdoj.gov From: Dugan, Joseph (CIV) Sent: Friday, February 02, 2018 7:34 PM To: 'Melissa Keaney' ; Mariko Hirose ; Snell, Kevin (CIV) Cc: Jus6n Cox ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Linda Evarts ; Burman, David J. (Perkins Coie) Subject: RE: JFS v. Trump Dear Melissa, Page 3 of 7 Case 2:17-cv-00178-JLR Document 122 Filed 02/15/18 Page 11 of 26 Thanks for your e-mail. We are conferring with our clients and will let you know as soon as we can. We’ll be in touch early next week. Best, Joe Joseph C. Dugan Trial Attorney United States Department of Justice Civil Division Federal Programs Branch 20 Massachusetts Ave. NW, Rm. 7225 Washington, D.C. 20530 (202) 514-3259 (phone) (202) 616-8470 (fax) Joseph.Dugan@usdoj.gov From: Melissa Keaney [mailto:keaney@nilc.org] Sent: Thursday, February 01, 2018 4:54 PM To: Dugan, Joseph (CIV) ; Mariko Hirose ; Snell, Kevin (CIV) Cc: Jus6n Cox ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Linda Evarts ; Burman, David J. (Perkins Coie) Subject: Re: JFS v. Trump Dear Joe and Kevin, PlainUffs noted that yesterday’s filing, “Defendants’ NoUce Following Conclusion of 90-day SAO Refugee Review,” referred to a Memorandum signed by DHS Secretary Nielsen on January 29, 2018. Can Defendants please provide us with a copy of the Memorandum as soon as possible? Best, Melissa -Melissa Keaney Staff Attorney National Immigration Law Center 3435 Wilshire Blvd., Ste. 1600 Los Angeles CA 90010 ph 213.674.2820 f 213.639.3911 c 805.252.3845 keaney@nilc.org CONFIDENTIALITY NOTICE: The information contained in this e-mail message may be privileged, confidential, or otherwise legally protected from disclosure and covered by the Electronic Communications Privacy Act, 18 U.S.C. sec. 2510 et seq. If you are not the intended recipient of this message, you are informed that any retention, copying, distribution, and/or other use or dissemination of any portion of its contents is prohibited. Page 4 of 7 Case 2:17-cv-00178-JLR Document 122 Filed 02/15/18 Page 12 of 26 From: "Dugan, Joseph (CIV)" Date: Monday, January 22, 2018 at 10:00 AM To: Mariko Hirose , "Snell, Kevin (CIV)" Cc: Melissa Keaney , JusUn Cox , "Sheehan Davis, Abigail" , "Kornreich, Mollie" , "Staniar, Lauren (Perkins Coie)" , Linda Evarts , "Burman, David J. (Perkins Coie)" Subject: RE: JFS v. Trump Dear Mariko, et al., Due to the changing circumstances concerning the status of appropria6ons, I wanted to inform you that I will wait un6l tomorrow to file the stay mo6on if it is s6ll necessary to do so. Thanks! Joe From: Dugan, Joseph (CIV) Sent: Monday, January 22, 2018 10:43 AM To: 'Mariko Hirose' ; Snell, Kevin (CIV) Cc: 'Melissa Keaney' ; 'Jus6n Cox' ; 'Sheehan Davis, Abigail' ; 'Kornreich, Mollie' ; 'Staniar, Lauren (Perkins Coie)' ; 'Linda Evarts' ; 'Burman, David J. (Perkins Coie)' Subject: RE: JFS v. Trump Dear Mariko, et al., In light of the lapse in appropria6ons, the Government intends to file a stay mo6on today (probably in the next couple of hours) reques6ng a stay of all proceedings in JFS (including the deadline for our reply in support of our pending stay mo6on) un6l appropria6ons are restored. Would you please state whether JFS Plain6ffs have any objec6on to our planned mo6on? Best, Joe Joseph C. Dugan Trial Attorney United States Department of Justice Civil Division Federal Programs Branch 20 Massachusetts Ave. NW, Rm. 7225 Washington, D.C. 20530 (202) 514-3259 (phone) (202) 616-8470 (fax) Joseph.Dugan@usdoj.gov From: Dugan, Joseph (CIV) Page 5 of 7 Case 2:17-cv-00178-JLR Document 122 Filed 02/15/18 Page 13 of 26 From: Dugan, Joseph (CIV) Sent: Friday, January 19, 2018 5:25 PM To: 'Mariko Hirose' ; Snell, Kevin (CIV) Cc: Melissa Keaney ; Jus6n Cox ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Linda Evarts ; Burman, David J. (Perkins Coie) Subject: RE: JFS v. Trump Dear Mariko, et al., Thanks for your e-mail. As I imagine you have already seen, Defendants filed this evening a No6ce of Compliance with the preliminary injunc6on. A courtesy copy is a9ached for your convenience. Best, Joe Joseph C. Dugan Trial Attorney United States Department of Justice Civil Division Federal Programs Branch 20 Massachusetts Ave. NW, Rm. 7225 Washington, D.C. 20530 (202) 514-3259 (phone) (202) 616-8470 (fax) Joseph.Dugan@usdoj.gov From: Mariko Hirose [mailto:mhirose@refugeerights.org] Sent: Friday, January 19, 2018 3:53 PM To: Dugan, Joseph (CIV) ; Snell, Kevin (CIV) Cc: Melissa Keaney ; Jus6n Cox ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Linda Evarts ; Burman, David J. (Perkins Coie) Subject: JFS v. Trump Dear Joe and Kevin, We are reaching out because, as you know from our filings, we are quite concerned about what Defendants understand the preliminary injunc6on to require of them, as well the ac6ons Defendants took to implement the Agency Memo and the steps Defendants have taken to comply with the preliminary injunc6on. We are therefore wri6ng to request that you provide informa6on detailing both the ac6ons taken to implement the Memo and the steps taken to comply with the preliminary injunc6on. Because this informa6on is presumably already at your disposal, we request that you provide us with this informa6on by January 24, which is in advance of Plain6ffs’ deadline to respond to Defendants request for a stay of proceedings. Thank you, Mariko -Mariko Hirose Litigation Director Page 6 of 7 Case 2:17-cv-00178-JLR Document 122 Filed 02/15/18 Page 14 of 26 International Refugee Assistance Project New York Urban Justice Center 40 Rector Street, 9th Fl New York, NY 10006 tel: 646 459 3044 mhirose@refugeerights.org www.refugeerights.org Follow us on Twitter Like us on Facebook This message and its attachments are sent by a law office and may contain information that is confidential and protected by privilege from disclosure. If you are not the intended recipient, you are prohibited from printing, copying, forwarding, or saving this email and any attachments. Please notify the sender immediately if you believe that you are not the intended recipient. Page 7 of 7 Case Document 122 Filed 02/15/18 Page 15 of 26 Exhibit Case Document 122 Filed 02/15/18 y?agre 16 of 26 ?us, Department ofHomelaud Security Washington. DC 20528 - Homeland Security January 29, 2018 MEMORANDUM TO: L. Francis Cissna Director US. Citizenship and 1m FROM: Kirstjen M. Nielsen Secretary Department 0 county SUBJECT: 90-Day Refugee Review (U) On October 24, 2017. the President issued Executive Order (EO) 13,815 allowing for the general resumption of the US. Refugee Admissions Program Simultaneously. Section 3. ?Addressing the Risks Presented by Certain Categories of Refugees." required that I determine within 90 days. as appropriate and consistent with applicable law, whether to modify or terminate any actions taken to address the security risks posed by refugee admissions. in consultation with the Secretary of State and the Director of National intelligence. (U) As you know. in the ensuing 90 days. DHS Components. including the DHS Of?ce of Strategy. Policy, and Plans (PLCY) and .5. Citizenship and Immigration Services (USCIS). the Department of State (DOS). and our law enforcement and intelligence community partners conducted a review to assist me in determining which additional safeguards. if any. are necessary to ensure that the admission of nationals of. and certain stateless persons who last habitually resided in, 1 1 particular countriesl does not pose a threat to the security and welfare of the United States. The 90-day review included an in-depth threat assessment of each Security Advisory Opinion (SAO) country from the intelligence community, as well as a review of all relevant information related to ongoing or completed investigations involving refugees admitted to the United States. The review was conducted consistent with all judicial orders in effect. (U) Based on the results of the review and in consultation with my counterparts. I have made the following determinations:2 These 1 particular countries were previously identi?ed as posing a higher risk to the United States through their designation on the Security Advisory Opinion (SAO) list. The SAC list for refugee applicants was ?rst established following the September 1 l?I terrorist attacks and has evolved over the years through interagency consultations which include risk assessments and analysis from the intelligence and law enforcement communities. 3 (U) Any actions shall be undertaken consistent with the nationwide injunction issued by the United States District Court for the Western District of Washington. which prohibits the defendants from ?enforcing those provisions of the Agency Memo (Memorandum to Donald Trump. President of the United States. from the Secretary of State. the Acting Secretary of Homeland Security. and the Director of National Intelligence) that suspend or inhibit, including through the diversion of resources. the processing of refugee applications or the admission into the United States of Case Document 122 Filed 02/15/18 Page 17 of 26 l. (U) Additional screening and vetting actions are required for certain nationals of high- risk countries. 2. (U) The USRAP should continue to be administered in a risk-based manner. (U) The Refugee SAO list and selection criteria should be reviewed and updated. b) I. (U) Additional Screening and Vetting Actions (U) The immigration and Nationality Act (INA) as amended provides that the Secretary of DHS "may, in the [Secretary?s] discretion. . .admit any refugee who is not ?rmly resettled in any foreign country. is determined to be of special humanitarian concern to the United States. and is admissible.? Even if the applicant has demonstrated that he or she is statutorily eligible for refugee status. the ultimate decision on each application for refugee status by admission of each potential refugee at the port of entry by Customs and Border Protection? involves the exercise of discretion. As with all elements of the refugee adjudication. the burden of proof rests with the applicant to demonstrate that he or she merits admission as a refugee. As such. I am hereby directing that IS co-administer the USRAP with the Department of State?s Bureau of Population, Refugees, and Migration in a manner consistent with these determinations and DHS statutory authorities?and in consultation with the Attomey General and Director of National Intelligence. More speci?cally. I am instructing to implement certain screening and vetting enhancements to the USRAP to more effectively prevent fraud and to identify potential national security risks. criminals, and other nefarious actors.3 Prior to the start of FY2018 3'd quarter refugee processing. USCIS shall: . (U) Provide of?cers adjudicating refugee applications (?officers?) with additional training and guidance on national security indictors identi?ed as a result of the review. . (U) Provide for more in-depth refugee eligibility interviews. as well as additional time for of?cers to conduct interviews for certain nationals of SAD countries to allow for further exploration of potential national security, inadmissibility. and credibility issues at interview. . Issue guidance to its of?cers emphasizing the importance of eliciting testimony from derivative applicants, including certain RIB-3 applicants (unmarried, under 21. derivative children) apart from the principal refugee applicant (his or her parent) to further explore potential national security, identity. inadmissibility, and credibility issues. refugees from SAO countries." Doe. et al. v. Trump. et al.. No. l7-l78 Wash): Jewish Family Services, et v. Trump. et al., No. 17-1707 (W.D. Wash). In addition. any commitments made by the United States to implement the injunction will be honored. The court made clear. however. that this portion of the preliminary injunction only applies to the restrictions imposed by the prior Joint Memorandum with respect to refugees with a bona ?de relationship to a person or entity within the United States. Additionally. the preliminary injunction does not apply to the defendants? ?efforts to conduct a detailed threat assessment for each SAO country" pursuant to the Joint Memorandum. 3 (U) These instructions are issued pursuant to 8 U.S.C. 103(a)(3) in order to carry out my statutory authorities relevant to the USRAP. including 8 U.S.C. llOl(a)(42). 157. and ll82(a)(2), (3). Where applicable and consistent with these authorities related to processing petitions for Form l-730. Refugee/Asylee Relative Petitions ?led by refugees for following-to-join family members. will work with DOS to develop and implement processes to apply these enhancements to the processing of those petitions. Case Document 122 Filed 02/15/18 Page 18 of 26 . (U) lssue supplementary guidance and train of?cers on when it may be appropriate to deny refugee applicants as a matter of discretion based on the totality of the circumstances. 0 Work with DOS and relevant vetting partners to ensure relevant derogatory information is considered in the decision-making process, similar to the current Check procedure. . UHFOUO) Ensure that any previously undisclosed wounds or injuries identi?ed by an lntemational Organization for Migration or other panel physician during an applicant?s medical examination will be documented on the appropriate DOS medical forms. DOS will then coordinate the reporting of the information to USC IS. 0 (U) Determine which SAO nationals who have already undergone a USCIS interview will require a re-interview in light of the modi?cations listed above. (U) In addition. I am directing USCIS to coordinate with USRAP program partners and vetting agencies to: Work with DHS PLCY, DOS. and relevant vetting partners to initiate a review of SAO adjudication thresholds and update them as appropriate to ensure they are in line with thresholds applied to other security checks, most notably the IAC. 0 (U UFGUQ) Identify whether there are additional indicators that would trigger a ?deep dive? review by vetting agencies. a (U) Continue ongoing discussions with the Of?ce of the United Nations High Commissioner for Refugees (UNHCR) to integrate biometrics collected by UNHCR into USRAP identity management for those cases referred by UNHC R. (U USC IS will interview and adjudicate cases of SAO nationals under these new procedures. The 90-day review of SAO countries. as provided in the Joint Memorandum. is no longer in effect by its terms. and the prioritization set forth in the Memorandum is not hereby renewed. As with other new screening and vetting enhancements implemented by the Department and interagency partners in the past. these modi?cations may lengthen processing times and will take time to implement, but I have determined that they are critical to strengthening the security and integrity of the USRAP and should be put in place as expeditiously as possible. H. (U) Risk-Based Approach to USRAP Administration (U) The aforementioned enhancements will improve the security of the US. homeland. It is also my judgment that the USRAP is not being administered in a suf?ciently risk-based manner informed by past experience or ongoing analysis of threats to US. interests. As such. USCIS should work with DOS to adopt a more risk-based approach to the USRAP when it develops the annual report to Congress on proposed refugee admissions for FY2019. The report should take into consideration national security risk as well as operational and resource realities when considering the overall refugee admissions ceiling, regional allocations. and the groups of refugee applicants that will be considered for resettlement next ?scal year. Case Document 122 Filed 02/15/18 Page 19 of 26 111. (U) Review of Refugee SAO List Finally. I have recommended to my interagency counterparts that DHS and DOS conduct a full review of the SAC list and, within six months. propose an updated SAO list as necessary based on broader public safety and national security considerations. including terrorism threats. transnational organized crime. and other relevant factors. I have also recommended that this list be reviewed, and updated. as appropriate. every six months thereafter to better inform screening and vetting policies and procedures based on any changes in risk factors and the overseas threat landscape. USCIS participation in these discussions will be critical. IV. (U) No Private Right of Action (U) In implementing this guidance. direct DHS Components to consult with legal counsel to ensure compliance with all applicable laws, including all judicial orders in effect. In addition, USCIS shall, through the Of?ce of the General Counsel. ensure that the Department of Justice is informed of the measures described herein and the proposed timelines for implementation. (U) This document provides only internal DHS policy guidance, which may be modified, rescinded. or superseded at any time without notice. This guidance is not intended to. does not, and may not be relied upon to create any right or bene?t. substantive or procedural. enforceable at law by any party in any administrative, civil, or criminal matter. Likewise, no limitations are placed by this guidance on the otherwise lawful enforcement or litigation prerogatives of DHS. Case Document 122 Filed 02/15/18 Page 20 of 26 Exhibit Case 2:17-cv-00178-JLR Document 122 Filed 02/15/18 Page 21 of 26 Wednesday, February 14, 2018 at 10:56:12 AM Pacific Standard Time Subject: Re: JFS v. Trump Date: Monday, February 12, 2018 at 1:36:50 PM Pacific Standard Time From: Melissa Keaney To: Dugan, Joseph (CIV), Mariko Hirose, Snell, Kevin (CIV) CC: JusPn Cox, Sheehan Davis, Abigail, Kornreich, Mollie, Staniar, Lauren (Perkins Coie), Linda Evarts, Burman, David J. (Perkins Coie) Dear Joe and Kevin, I write to request that Defendants reconsider the redac7on in the Memorandum shared with us last Thursday. If Defendants stand by the redac7on, we request clarifica7on over what sort of privilege is being claimed and the basis for such. We’d ask, if possible, that you provide a response no later than COB tomorrow (eastern 7me zone). Thank you in advance for your considera7on. Best, Melissa Keaney -Melissa Keaney Staff Attorney National Immigration Law Center 3435 Wilshire Blvd., Ste. 1600 Los Angeles CA 90010 ph 213.674.2820 f 213.639.3911 c 805.252.3845 keaney@nilc.org CONFIDENTIALITY NOTICE: The information contained in this e-mail message may be privileged, confidential, or otherwise legally protected from disclosure and covered by the Electronic Communications Privacy Act, 18 U.S.C. sec. 2510 et seq. If you are not the intended recipient of this message, you are informed that any retention, copying, distribution, and/or other use or dissemination of any portion of its contents is prohibited. From: "Dugan, Joseph (CIV)" Date: Thursday, February 8, 2018 at 5:33 PM To: Melissa Keaney , Mariko Hirose , "Snell, Kevin (CIV)" Cc: JusSn Cox , "Sheehan Davis, Abigail" , "Kornreich, Mollie" , "Staniar, Lauren (Perkins Coie)" , Linda Evarts , "Burman, David J. (Perkins Coie)" Subject: RE: JFS v. Trump Melissa, et al., Page 1 of 2 Case 2:17-cv-00178-JLR Document 122 Filed 02/15/18 Page 22 of 26 Thanks again for your pa7ence. AJached please find the Memorandum signed by the Secretary of Homeland Security on January 29, 2018. Please note that we have produced the Memorandum in full save for one segment of one sentence on the third page. The agency has determined that this short segment is privileged material. If you have ques7ons or concerns, don’t hesitate to contact me. While it is conceivable that a lapse in congressional appropria7ons could impact my availability tomorrow, I expect that Kevin and/or I will be in the office tomorrow morning. Best, Joe Joseph C. Dugan Trial Attorney United States Department of Justice Civil Division Federal Programs Branch 20 Massachusetts Ave. NW, Rm. 7225 Washington, D.C. 20530 (202) 514-3259 (phone) (202) 616-8470 (fax) Joseph.Dugan@usdoj.gov Page 2 of 2 Case Document 122 Filed 02/15/18 Page 23 of 26 Exhibit Case 2:17-cv-00178-JLR Document 122 Filed 02/15/18 Page 24 of 26 Wednesday, February 14, 2018 at 10:56:48 AM Pacific Standard Time Subject: RE: JFS v. Trump Date: Tuesday, February 13, 2018 at 1:59:41 PM Pacific Standard Time From: Dugan, Joseph (CIV) To: Melissa Keaney, Mariko Hirose, Snell, Kevin (CIV) CC: JusRn Cox, Sheehan Davis, Abigail, Kornreich, Mollie, Staniar, Lauren (Perkins Coie), Linda Evarts, Burman, David J. (Perkins Coie) Dear Melissa, et al., Thanks for your e-mail. The redacted language to which you refer, which appears in the second bullet at the top of page 3 of the Memorandum we produced last week, is protected under the law enforcement privilege. If disclosed, this sensi@ve informa@on could undermine security veAng efforts conducted by the Department of Homeland Security (DHS) and U.S. Ci@zenship and Immigra@on Services (USCIS). More specifically, this sensi@ve informa@on relates to USCIS’s informa@on sharing and background check procedures that historically have applied within the context of the U.S. Refugee Admissions Program but that are not public knowledge. Public disclosure of this informa@on could reveal sensi@ve case-handling procedures, which may lead some nefarious actors to conceal informa@on that would otherwise reveal a connec@on to an issue of na@onal security. As reflected by the many provisions marked FOUO in the Memorandum, DHS and USCIS consider much of this document to contain informa@on of a sensi@ve nature. That said, the agencies took a judicious approach and redacted just one por@on of one sentence. In light of the agencies’ na@onal security concerns, that redac@on was appropriate. Please let me know if you have any further ques@ons. Best regards, Joe Dugan Joseph C. Dugan Trial Attorney United States Department of Justice Civil Division Federal Programs Branch 20 Massachusetts Ave. NW, Rm. 7225 Washington, D.C. 20530 (202) 514-3259 (phone) (202) 616-8470 (fax) Joseph.Dugan@usdoj.gov From: Melissa Keaney [mailto:keaney@nilc.org] Sent: Monday, February 12, 2018 4:37 PM To: Dugan, Joseph (CIV) ; Mariko Hirose ; Snell, Kevin (CIV) Cc: Jus@n Cox ; Sheehan Davis, Abigail ; Kornreich, Mollie ; Staniar, Lauren (Perkins Coie) ; Linda Evarts ; Burman, David J. (Perkins Coie) Subject: Re: JFS v. Trump Dear Joe and Kevin, Page 1 of 3 Case 2:17-cv-00178-JLR Document 122 Filed 02/15/18 Page 25 of 26 I write to request that Defendants reconsider the redac@on in the Memorandum shared with us last Thursday. If Defendants stand by the redac@on, we request clarifica@on over what sort of privilege is being claimed and the basis for such. We’d ask, if possible, that you provide a response no later than COB tomorrow (eastern @me zone). Thank you in advance for your considera@on. Best, Melissa Keaney -Melissa Keaney Staff Attorney National Immigration Law Center 3435 Wilshire Blvd., Ste. 1600 Los Angeles CA 90010 ph 213.674.2820 f 213.639.3911 c 805.252.3845 keaney@nilc.org CONFIDENTIALITY NOTICE: The information contained in this e-mail message may be privileged, confidential, or otherwise legally protected from disclosure and covered by the Electronic Communications Privacy Act, 18 U.S.C. sec. 2510 et seq. If you are not the intended recipient of this message, you are informed that any retention, copying, distribution, and/or other use or dissemination of any portion of its contents is prohibited. From: "Dugan, Joseph (CIV)" Date: Thursday, February 8, 2018 at 5:33 PM To: Melissa Keaney , Mariko Hirose , "Snell, Kevin (CIV)" Cc: JusSn Cox , "Sheehan Davis, Abigail" , "Kornreich, Mollie" , "Staniar, Lauren (Perkins Coie)" , Linda Evarts , "Burman, David J. (Perkins Coie)" Subject: RE: JFS v. Trump Melissa, et al., Thanks again for your pa@ence. Ajached please find the Memorandum signed by the Secretary of Homeland Security on January 29, 2018. Please note that we have produced the Memorandum in full save for one segment of one sentence on the third page. The agency has determined that this short segment is privileged material. If you have ques@ons or concerns, don’t hesitate to contact me. While it is conceivable that a lapse in congressional appropria@ons could impact my availability tomorrow, I expect that Kevin and/or I will be in the office tomorrow morning. Page 2 of 3 Case 2:17-cv-00178-JLR Document 122 Filed 02/15/18 Page 26 of 26 Best, Joe Joseph C. Dugan Trial Attorney United States Department of Justice Civil Division Federal Programs Branch 20 Massachusetts Ave. NW, Rm. 7225 Washington, D.C. 20530 (202) 514-3259 (phone) (202) 616-8470 (fax) Joseph.Dugan@usdoj.gov Page 3 of 3