UNITED STATES DISTRICT COURT WESTERN DISTRICT OF …

1 SECOND AMENDED COMPLAINT 1 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 1 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 THE HONORABLE JAMES L. ROBART UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON STATE OF WASHINGTON; STATE OF CALIFORNIA; STATE OF MARYLAND; COMMONWEALTH OF MASSACHUSETTS; STATE OF NEW YORK; and STATE OF OREGON, Plaintiffs, v. DONALD TRUMP, in his official capacity as President of the UNITED STATES ; DEPARTMENT OF HOMELAND SECURITY; JOHN F.

2 KELLY, in his official capacity as Secretary of the Department of Homeland Security; REX TILLERSON, in his official capacity as Secretary of State; and the UNITED STATES OF AMERICA, Defendants. CIVIL ACTION NO. 2:17-cv-00141-JLR SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF I. INTRODUCTION 1. The STATES of Washington, California, Maryland, Massachusetts, New York, and Oregon ( STATES ) bring this action to protect the STATES including their residents, employers, hospitals, and educational institutions against illegal actions of the President and the federal government.

3 Case 2:17-cv-00141-JLR Document 118-1 Filed 03/13/17 Page 1 of 63 SECOND AMENDED COMPLAINT 2 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 1 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 2. On January 27, 2017, President Trump issued Executive Order 13769 ( First Executive Order ). This COURT enjoined key provisions of the First Executive Order on February 3, 2017. President Trump responded on March 6, 2017, by issuing Executive Order 13780 ( the Second Executive Order ).

4 3. Like the First Executive Order, the Second Executive Order will cause severe and immediate harms to the STATES , including our residents, our colleges and universities, our healthcare providers, and our businesses. The Second Executive Order will prevent State residents including UNITED STATES citizens from seeing their spouses, parents, or other family members, will cause our STATES colleges and universities to lose talented students and highly qualified faculty and staff, will deny our STATES hospitals the opportunity to compete for top medical residents and physicians, and will cost our STATES businesses talented job applicants and substantial revenue.

5 The Second Executive Order will also cause the STATES themselves to lose tax revenue and will undermine our sovereign interest in maintaining the separation between church and state, in upholding our non-discrimination policies, and in remaining a welcoming place for immigrants and refugees. 4. The COURT should invalidate the portions of the First Executive Order and the Second Executive Order challenged here. II. JURISDICTION AND VENUE 5. The COURT has jurisdiction pursuant to 28 1331 and 2201(a). 6. Venue is proper in this DISTRICT pursuant to 28 1391(b)(2) and 1391(e)(1).

6 Defendants are UNITED STATES agencies or officers sued in their official capacities. The State of Washington is a resident of this judicial DISTRICT , and a substantial part of the events or omissions giving rise to this Second Amended Complaint occurred within the WESTERN DISTRICT of Washington. Case 2:17-cv-00141-JLR Document 118-1 Filed 03/13/17 Page 2 of 63 SECOND AMENDED COMPLAINT 3 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 1 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 7.

7 The STATES bring this action to redress harms to their proprietary interests and their interests as parens patriae, as well as under their authority pursuant to 5 702 and 42 2000bb-1(a). III. PARTIES PLAINTIFF STATE OF WASHINGTON 8. The Governor is the chief executive officer of the State of Washington. The Governor is responsible for overseeing the operations of the State of Washington and ensuring that its laws are faithfully executed. 9. The Attorney General is the chief legal adviser to the State of Washington.

8 The Attorney General s powers and duties include acting in federal COURT on matters of public concern. 10. Washington has declared that practices that discriminate against any of its inhabitants because of race, creed, color, or national origin are matters of public concern that threaten the rights and proper privileges of the State and harm the public welfare, health, and peace of the people. See Wash. Rev. Code 11. Washington s interest in protecting the health, safety, and well-being of its residents, including protecting its residents from harms to their physical or economic health, is a quasi-sovereign interest.

9 12. Washington also has an interest in ensuring that its residents are not excluded from the benefits that flow from participation in the federal system, including the rights and privileges provided by the Constitution and federal law. 13. Washington s interest in preventing and remedying injuries to the public s health, safety, and well-being extends to all of Washington s residents, including individuals who suffer indirect injuries and members of the general public. 14. As this COURT recognized, the First Executive Order harmed Washington residents, educational institutions, and employers, and Washington itself.

10 The Second Case 2:17-cv-00141-JLR Document 118-1 Filed 03/13/17 Page 3 of 63 SECOND AMENDED COMPLAINT 4 ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000 Seattle, WA 98104-3188 (206) 464-7744 1 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 Executive Order will do the same. The Second Executive Order s six-country ban and refugee suspension provisions prevent our colleges and universities from welcoming talented students and staff from around the world, separate our residents from their families, thwart businesses that recruit or serve foreign nationals from the six-listed countries, interfere with religious organizations practicing their faith, and negatively impact state tax revenue.