———- Forwarded message ———-
From: Ed Lazowska <lazowska@cs.washington.edu>
Date: Sun, Feb 5, 2017 at 2:54 PM
Subject: [cs-ugrads] Fwd: Federal ruling and universities; and ACLU filings
To: Researchers <researchers@cs.washington.edu>, Staff <cs-staff@cs.washington.edu>, “cs-ugrads@cs.washington.edu” <cs-ugrads@cs.washington.edu>
FYI
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From: JoAnn Taricani — Olympia <olympia@u.washington.edu>
Date: Sun, Feb 5, 2017 at 2:15 PM
Subject: Federal ruling and universities; and ACLU filings
To:
———- Forwarded message ———-
Greetings,
Normally, I would be writing about the many moving pieces of
legislation at the state level, and I will do that within the next
day.
However, there is considerable attention in Olympia on the quickly
changing landscape regarding the executive order affecting travel and
immigration. More filings will occur in the next 24 hours, followed
by a ruling by the U.S. Court of Appeals, 9th Circuit, in all
likelihood followed by an appeal to the U.S. Supreme Court.
This message has two topics: [1] a request from the American Civil
Liberties Union (ACLU) of Washington; and [2] events of the past 48
hours in the federal case, especially as they relate to the UW.
[1] ACLU of Washington (State): In case the travel ban is reinstated,
ACLU-WA is filing on behalf of holders of F-1, M-1, and J-1 student
and visitor visas; the ACLU-WA legal team also would like to hear from
faculty members on H-1B visas. Please email me for the contact
information of the legal director of ACLU of Washington if anyone
holding an H-1B visa would like to contact her.
[2] The federal executive order and Washington temporary restraining
order (which is nation-wide): State legislators and Governor Inslee
are well aware of the impact of this executive order on the students,
faculty, and staff of the state’s universities. This executive order,
plus the protection of DACA students, lead conversations in Olympia.
(In 2014, both parties introduced and strongly supported legislation
that provide DACA students with access to state financial aid,
legislation that passed with overwhelming majorities in both political
parties.)
While I will not provide an overview of the federal case and ruling
(many links below do this better), I do want to point out that the
impact of the executive order on the UW and WSU was one of the
elements that provided standing for the state to file for the
temporary restraining order that was issued on Friday by federal Judge
Robart. (See below for an excerpt about the University of Washington
in the AG’s original motion and the supplemental pleading regarding
standing.) As I am sure you are hearing (and linked below), the Court
of Appeals for the 9th Circuit is currently hearing an appeal to Judge
Robart’s ruling from the Department of Justice, with additional
filings due on a very rapid timeline in the next 24 hours. The 9th
Circuit could issue its ruling any time after 3:00 PM PT on Monday,
either upholding the temporary restraining order or reinstating the
travel ban. Whatever the decision of the 9th Circuit, it is expected
that this case will be appealed further to the U.S. Supreme Court in
an expedited process.
All documents issued by the Washington Attorney General:
http://www.atg.wa.gov/executive-order-lawsuit
Original motion for a temporary restraining order (from the Attorney
General of Washington):
http://agportal-s3bucket.s3.amazonaws.com/uploadedfiles/Another/News/Press_Releases/TRO%20as%20Filed.pdf
[excerpt:] “The Executive Order is also causing irreparable harm to
Washington’s college students and universities. At the University of
Washington, more than ninety-five students are immigrants from Iran,
Iraq, Syria, Somalia, Sudan, Libya, and Yemen. The number at
Washington State University is over 135. Because of the Executive
Order, these students are missing out on research and educational
opportunities, travel to visit their families, study abroad, and other
irreplaceable activities that cannot be compensated through money
damages. The universities also risk losing current and future
students, a harm that cannot be remedied with monetary damages.”
Supplemental Pleading Regarding Standing (Filed 2/1/17)
http://agportal-s3bucket.s3.amazonaws.com/uploadedfiles/Another/News/Press_Releases/Supplemental%20Pleading%20Regarding%20Standing_0.pdf
[excerpt:] “Washington also operates several world-class public
universities that are suffering adverse impacts from the Order.
Several hundred faculty, staff, and students at state higher education
institutions are here on visas from the listed countries, while others
are long-term permanent residents from the affected countries. The
order has stranded a member of the WSU faculty overseas, and will
prevent a member of the UW faculty from serving as the keynote speaker
at a conference overseas. Both universities have expended significant
resources to sponsor scholars from the affected countries to perform
research and teaching, and the Order will prevent several of those
individuals from coming to the universities or staying there. Students
and faculty from the listed countries will be prevented from
participating in planned travel outside the country to conduct
research and attend conferences. These harms to faculty, staff, and
students damage the universities’ missions and reduce their
attractiveness to international students.”
Articles on the federal ruling on Friday, February 3:
https://www.nytimes.com/2017/02/04/us/trump-travel-ban-washington-seattle-ferguson.html?mwrsm=Facebook
https://www.washingtonpost.com/world/national-security/federal-judge-temporarily-blocks-trumps-immigration-order-nationwide/2017/02/03/9b734e1c-ea54-11e6-bf6f-301b6b443624_story.html?utm_term=.144c1263623d
Notice of appeal by the Department of Justice, Saturday, February 4:
https://www.nytimes.com/2017/02/04/us/politics/visa-ban-trump-judge-james-robart.html
https://www.washingtonpost.com/politics/trump-administration-appeals-to-restore-travel-ban-says-earlier-ruling-was-second-guessing-the-president/2017/02/05/6fcdbb5a-eb4c-11e6-80c2-30e57e57e05d_story.html?utm_term=.4654a764b447
Appeals court declines to immediately stay the TRO, Sunday, February 5:
https://www.washingtonpost.com/politics/trump-administration-appeals-to-restore-travel-ban-says-earlier-ruling-was-second-guessing-the-president/2017/02/05/6fcdbb5a-eb4c-11e6-80c2-30e57e57e05d_story.html?hpid=hp_hp-top-table-main_trumpfiling-430am%3Ahomepage%2Fstory&utm_term=.aba4d3f25073
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