1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 7 THE CITY OF SEATTLE, IMMIGRANT LEGAL RESOURCE CENTER, CATHOLIC LEGAL IMMIGRATION NETWORK, INC., SELF-HELP FOR THE ELDERLY, ONEAMERICA, AND CENTRAL AMERICAN RESOURCE CENTER OF CALIFORNIA. 8 Plaintiffs, 4 5 6 9 10 11 12 13 Case No. 3:19-cv-07151 DECLARATION OF JAMILA G. BENKATO IN SUPPORT OF PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION vs. DEPARTMENT OF HOMELAND SECURITY, KEVIN MCALEENAN, KENNETH CUCCINELLI, AND UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, Defendants. 14 15 16 17 18 I, Jamila G. Benkato, pursuant to 28 U.S.C. § 1746 declare as follows: 1. I am an attorney admitted to practice before this Court and an attorney at the 19 nonprofit organization the Protect Democracy Project, counsel of record for Plaintiffs in this 20 action. I make this declaration of my own personal knowledge, and, if called to do so, could 21 testify competently to the facts stated herein under oath. I submit this declaration in support of 22 23 24 25 Plaintiffs’ Motion for Preliminary Injunction. 2. Attached as Exhibit A is a true and correct copy of a memorandum designating Defendant Kenneth Cuccinelli as Principal Deputy Director of United States Citizenship and 26 Immigration Services (USCIS) until the appointment of a new Director of USCIS. This is one 27 page from materials sent by the Department of Homeland Security to the U.S. House of -1- 28 DECLARATION OF JAMILA G. BENKATO IN SUPPORT OF PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION CASE NO. 3:19-CV-07151 1 2 3 4 5 6 Representatives Committee on the Judiciary in response to a request for information. Plaintiffs are permitted to receive and publicly file this document. 3. Attached as Exhibit B is a true and correct copy of a memorandum redesignating the USCIS order of succession to make the Principal Deputy Director of USCIS the First Assistant, until the appointment of a new director of USCIS. This is one page from materials sent by the Department of Homeland Security to the U.S. House of Representatives Committee on the 7 8 9 10 Judiciary in response to a request for information. Plaintiffs are permitted to receive and publicly file this document. 4. Attached as Exhibit C is a true and correct copy of letter to Hon. Nancy Pelosi 11 from the Department of Homeland Security with its attachments, form Submissions Under the 12 Federal Vacancies Reform Act. These are pages from materials sent by the Department of 13 14 15 Homeland Security to the U.S. House of Representatives Committee on the Judiciary in response to a request for information. Plaintiffs are permitted to receive and publicly file this document. 16 17 18 19 20 21 22 23 24 25 26 27 28 -2DECLARATION OF JAMILA G. BENKATO IN SUPPORT OF PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION CASE NO. 3:19-CV-07151 1 2 3 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my knowledge. Executed on November 6, 2019. 4 ___________________________ 5 Jamila G. Benkato 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- DECLARATION OF JAMILA G. BENKATO IN SUPPORT OF PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION CASE NO. 3:19-CV-07151 Exhibit A Sn 'nrta ry US. Department of Homeland Security Washington. DC 20528 if? Homeland Security MEMORANDUM FOR: Kenneth Cuccinelli 0?28) FROM: Kevin K. McAlecnan {530 Acting Secretary 1?0? SUBJECT: Appointment as Principal Deputy Director. Ehitcd States Citizenship and Immigration Services $9 -0 As Acting Secretary of Homeland Security, and in accord Ke with the Appointments Clause of the United States Constitution (Article ll, SectionE Siause 2), Sections 30] and 302 of title 5, United States Code and Section 112 of title 6 States Code, Ihereby appoint you to serve as the Principal Deputy Director of United Sp??es Citizenship and Immigration Services (USCIS). This appointment will remain in ff?ct until the earlier to occur of the appointment of a Director of USCIS by the Presidcnpof the United States, or (2) the express revocation of this appointment. 00 JUN 0 2019 Date evin nan Acting Secretary of Wcland Security 006? Q) (9 Q) 1?9 Exhibit Sec :13me U.S. Department of Homeland Securitg Washington, DC 20528 -- Homeland I: .m a, from, ?1 security ?r June I0. 2019 MEMORANDUM FOR: Kenneth Cuccinelli egg Principal Deputy Director United States Citizenship and Immigration Services {3360 a 4g?o R. D. Alles Senior Of?cial Performing Duties of the Degnty Under Secretary for Management $355 s55? Frank DiFalco ?35? Acting Director, Of?ce of Oper??ns Coordination and Planning 6'5? (9. FROM: Kevin K. McAleenan Acting Secretary SUBJECT: Amendment to {hide Order of Succession for United States Citizenship $538 Immigration Services Pursuant to Paragraph Department of Homeland Security (DI-IS) Delegation No. 0106, DHS Orders ofSuccessi Delegations ofAuthoriUtfor Named Positions (last updated on April ID, 2019), I am ex sing my reserved right to re-designale the order of succession for United States Citizenshi and Immigration Services (USCIS). I hereby designate the Principal Deputy Director of as the First Assistant and most senior successor to the Director of USCIS in such ordg if succession. Annex of DHS Delegation No. 0106 is hereby modi?ed in accordance this designation. This designation, and the corresponding modi?cation to Annex of RS Delegation No. 0106, will terminate automatically, without further action, upon the a intment of a new Director of USCIS by the President. I reserve the right to amend or revokes? is designation and such modification at any time. cc: David P. Pekoske, Senior Of?cial Performing the Functions and Duties of the Deputy Secretary John M. Mitnick. General Counsel Patrick lanagan, Chief of Staff Exhibit Olfk·c ofthe Ge111:ral Co1msl!I Dc11artment ofHomehmd Security Washington, DC 20528 Homeland Securi� JUN 1 2 2019 Q � �o sfli. �o ,§<'< The Honorable Nancy Pelosi Speaker of the U.S. House of Representatives 1-1-232, US Capitol Washington, DC 20515 0<::- !,..� &'o�� '< � .�o Re: Federal Vacancies Reform Act Submissions �" �0 Dear Ms. Speaker: 0'l>' � �--" On behalf of the Department, I submit forms fcl?a vacancy, discontinuations