Case: Unite Oregon v. Trump

3:17-cv-00179 | U.S. District Court for the District of Oregon

Filed Date: Feb. 1, 2017

Closed Date: March 8, 2019

Clearinghouse coding complete

Case Summary

This action, filed on February 1, 2017, challenged President Trump’s January 27, 2017, Executive Order (EO-1) ban on admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. The complaint was filed on behalf of Unite Oregon, a nonprofit organization "led by people of color, immigrants and refugees, rural communities, and people experiencing poverty who work across Oregon to build a unified intercultural movement for justice." Unite Oregon sued on behalf of itse…

This action, filed on February 1, 2017, challenged President Trump’s January 27, 2017, Executive Order (EO-1) ban on admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. The complaint was filed on behalf of Unite Oregon, a nonprofit organization "led by people of color, immigrants and refugees, rural communities, and people experiencing poverty who work across Oregon to build a unified intercultural movement for justice." Unite Oregon sued on behalf of itself and in its associational capacity. The complaint refers to its plaintiffs as “lawful immigrants, nonimmigrants, or refugees who seek to return to their homes or jobs or reunite with their families in Oregon,” but no individual plaintiffs are named in the complaint. Unite Oregon claimed that, pursuant to EO-1, these individuals had been detained at Portland International Airport and were denied access to legal counsel. United Oregon further alleged that the affected individuals were subjected to extended detention and interrogation to determine their qualifications for a waiver to EO-1’s prohibition on entry to the U.S. by non-citizen immigrants and non-immigrants from the listed countries. Unite Oregon argued that this detention violated Fifth Amendment due process and equal protection rights, 5 U.S.C. § 555(b) (access to counsel), the Immigration and Nationality Act, the First Amendment Establishment Clause, the Religious Freedom and Restoration Act, and the Administrative Procedures Act and sought declaratory and injunctive relief.

Unite Oregon was represented by the ACLU of Oregon and private counsel. The complaint was filed in the U.S. District Court for the District of Oregon. The day after filing, Magistrate Judge Paul Papak was assigned to the case.

Prompted by developments in the Ninth Circuit in Washington v. Trump, another case challenging EO-1, in March 6, the President rescinded the January 27 Executive Order and replaced it with a narrower one, Executive Order 13780 (EO-2).

It is difficult to determine how the litigation proceeded in the months following the onset of EO-2; some summonses are listed in the docket, but nothing else. However, on June 15, 2017, the parties filed a joint motion to administratively close the case until resolution of IRAP v. Trump and Hawaii v. Trump, or a filing by either party. The next day, Magistrate Judge Papak ordered the case administratively closed. The plaintiff filed a notice of voluntary dismissal on March 8, 2019.

This case is closed.

Unite Oregon was represented by the American Civil Liberties Union Foundation of Oregon and private counsel. The complaint was filed in the U.S. District Court for the District of Oregon (in Portland). The day after filing, Magistrate Judge Paul Papak was assigned to the case.

Prompted by adverse developments in the Ninth Circuit in Washington v. Trump, another case challenging EO-1, in March 6, the President rescinded the January 27 Executive Order and replaced it with a narrower one, Executive Order 13780 (EO-2).

It is difficult to determine how the litigation proceeded in the months following the onset of EO-2; some summonses are listed in the docket, but nothing else. However, on June 15, 2017, the parties filed a joint motion to administratively close until resolution of IRAP v. Trump and Hawaii v. Trump, or a filing by either party. The next day, Magistrate Judge Papak ordered the case administratively closed. The plaintiff filed a notice of voluntary dismissal on March 8, 2019.

This case is closed.

Summary Authors

Virginia Weeks (2/8/2017)

Jamie Kessler (2/21/2017)

Ava Morgenstern (10/27/2017)

Esteban Woo Kee (10/23/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4579306/parties/unite-oregon-v-trump/


Judge(s)

Papak, Paul J. (Oregon)

Attorneys(s) for Plaintiff

Boell, Jessica M. (Oregon)

Dos Santos, Mathew William (California)

Manning, Stephen W. (Oregon)

Rotman, Jennifer M. (Oregon)

Simon, Kelly K. (Oregon)

Attorneys(s) for Defendant

Kelly, Genevieve M. (District of Columbia)

Peachey, William Charles (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Westwater, Gisela Ann (District of Columbia)

Judge(s)

Papak, Paul J. (Oregon)

Attorneys(s) for Plaintiff

Boell, Jessica M. (Oregon)

Dos Santos, Mathew William (California)

Manning, Stephen W. (Oregon)

Rotman, Jennifer M. (Oregon)

Simon, Kelly K. (Oregon)

Attorneys(s) for Defendant

Kelly, Genevieve M. (District of Columbia)

Peachey, William Charles (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Westwater, Gisela Ann (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

March 8, 2019 Docket
1

Complaint for Declaratory and Injunctive Relief

Feb. 1, 2017 Complaint
19

Joint Motion to Administratively Close

June 15, 2017 Pleading / Motion / Brief

Resources

Title Description External URL

Unite Oregon v Trump, et. al.

American Civil Liberties Union (ACLU) of Oregon

Oregon Immigrants' rights groups file lawsuit against Trump's Muslim and refugee exclusion <br /> <br />February 1, 2017 - The American Civil Liberties Union Foundation of Oregon (ACLU of Oregon) and… Feb. 1, 2017 https://www.aclu-or.org/...

Reviewing Presidential Orders

Lisa Manheim , Kathryn A. Watts

Beginning with Ronald Reagan, Presidents of both political parties increasingly have relied on executive orders and other unilateral written directives as a means of exerting significant control over… Jan. 24, 2019 None

Religious Profiling, Statistical Discrimination and the Fight against Terrorims in Public International Law, in Religion and International Law (Robert Uerpmann-Wittzack et al., eds.)

Antje von Ungern-Sternberg

This article qualifies the phenomenon of religious profiling, e.g. law enforcement measures based on probabilistic generalisations about religious affiliation, not in terms of the binary concept of r… May 17, 2017 None

Article II and Antidiscrimination Norms

Aziz Z. Huq

The Supreme Court’s judgment in Trump v. Hawai’i validated a prohibition on entry to the United States from several largely Muslim-majority countries, and at the same time repudiated a longstanding p… Aug. 28, 2018 None

Libraries Keep a Resourceful Eye on the President

George H. Pike

From the earliest times, libraries have had a mission to collect, curate, organize, and disseminate knowledge and information as broadly as possible for the benefit of the societies they serve. Libra… June 6, 2017 http://newsbreaks.infotoday.com/...

National Security, Immigration and the Muslim Bans

Shoba Sivaprasad Wadhia

National security language has continued to guide the creation and defense of Executive Orders and related immigration policies issued in the Donald J. Trump administration. This Article builds on ea… June 1, 2018 None

Executive Disorder: The Muslim Ban, Emergency Advocacy, and the Fires Next Time

Abed Ayoub & Khaled Beydoun

On January 27, 2017, one week into his presidency, Donald Trump enacted Executive Order No. 13769, popularly known as the “Muslim Ban.” The Order named seven Muslim-majority nations and restricted, e… April 1, 2017 https://repository.law.umich.edu/...

Non-Discrimination in Refugee and Asylum Law (against Travel Ban 1.0 and 2.0)

Eunice Lee

This article explores the tension between Executive Orders No. 13,769 and No. 13,780—colloquially known as “travel ban” 1.0 and 2.0—and the deep non-discrimination norms in refugee and asylum law. I … April 1, 2017 https://poseidon01.ssrn.com/...

Keeping the Mentally Ill out of Jail: Sheriffs as Litigants

Mary Zdanowicz

In March 2014, Congress convened a hearing titled “Where Have All the Patients Gone? Examining the Psychiatric Bed Shortage.” Cook County Sheriff Tom Dart testified “[s]ince becoming Sheriff in 2006,… May 1, 2015 http://www.albanygovernmentlawreview.org/...

Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities

United States

Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities Oct. 24, 2017 https://www.federalregister.gov/...

Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats

President Donald Trump

Sept. 24, 2017 https://www.federalregister.gov/...

Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence

Donald Trump

This memorandum provides guidance for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence in light of two preliminary injunctio… June 14, 2017 https://trumpwhitehouse.archives.gov/...

Executive Orders on Travel and Immigration Create a Far-from-Ordinary Semester in Michigan Law's Civil Rights Litigation Clearinghouse

Julie Aust, Jamie Kessler, and Virginia Weeks

President Donald J. Trump's second travel ban for nationals from a group of predominantly Muslim countries was scheduled to take effect on March 16, 2017—until it was enjoined the day before by the U… March 16, 2017 None

Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States

President Donald Trump

In light of the Ninth Circuit's observation that the political branches are better suited to determine the appropriate scope of any suspensions than are the courts, and in order to avoid spending add… March 6, 2017 https://www.federalregister.gov/...

Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States

President Donald Trump

This Executive Order restricted travel, immigration, and visas for people from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen, and put the U.S. refugee program on hold for 120 days. Jan. 27, 2017 https://www.gpo.gov/...

Memorandum to the Acting Secretary of State, the Acting Attorney General, and the Secretary of Homeland Security

Donald F. McGahn II, Counsel to the President

This memo states that the Executive Order on refugees etc. does not apply to Legal Permanent Residents. Feb. 1, 2017 http://www.politico.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4579306/unite-oregon-v-trump/

Last updated May 28, 2022, 3:13 a.m.

ECF Number Description Date Link
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-4891693 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Unite Oregon against All Defendants (Attachments: # 1 Exhibit A - Executive Order, # 2 Civil Cover Sheet). (dos Santos, Mathew) (Entered: 02/01/2017)

1 Exhibit A - Executive Order

View on PACER

2 Civil Cover Sheet

View on PACER

Feb. 1, 2017 RECAP
2

Notice of Case Assignment to Magistrate Judge Paul Papak and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 6/2/2017. Joint Alternate Dispute Resolution Report is due by 7/3/2017. Pretrial Order is due by 7/3/2017. Ordered by Magistrate Judge Paul Papak. (sss) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
3

Proposed Summons John D Barnes Filed by Unite Oregon. (Manning, Stephen) (Entered: 03/29/2017)

March 29, 2017 PACER
4

Proposed Summons Customs & Border Protection Filed by Unite Oregon. (Manning, Stephen) (Entered: 03/29/2017)

March 29, 2017 PACER
5

Proposed Summons Dep't Homeland Security Filed by Unite Oregon. (Manning, Stephen) (Entered: 03/29/2017)

March 29, 2017 PACER
6

Proposed Summons US Attorneys Oregon Filed by Unite Oregon. (Manning, Stephen) (Entered: 03/29/2017)

March 29, 2017 PACER
7

Proposed Summons Donald J Trump Filed by Unite Oregon. (Manning, Stephen) (Entered: 03/29/2017)

March 29, 2017 PACER
8

Summons Issued Electronically as to John D. Barnes. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sss) (Entered: 03/31/2017)

March 31, 2017 PACER
9

Summons Issued Electronically as to U.S. Customs and Border Protection. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sss) (Entered: 03/31/2017)

March 31, 2017 PACER
10

Summons Issued Electronically as to John Kelly. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sss) (Entered: 03/31/2017)

March 31, 2017 PACER
11

Summons Issued Electronically as to Donald J. Trump, U.S. Customs and Border Protection, U.S. Department of Homeland Security. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sss) (Entered: 04/04/2017)

April 4, 2017 PACER
12

Return of Service Executed as to John Kelly served on 4/24/2017. Service specifically made upon Regional Counsel or Agency. (Manning, Stephen) (Main Document 12 replaced on 6/8/2017) (sss). (Entered: 05/25/2017)

May 25, 2017 PACER
13

Return of Service Executed as to U.S. Customs and Border Protection served on 4/26/2017. Service specifically made upon Regional Counsel or Agency. (Manning, Stephen) (Main Document 13 replaced on 6/8/2017) (sss). (Entered: 05/25/2017)

May 25, 2017 PACER
14

Return of Service Executed as to John D. Barnes served on 4/20/2017. Service specifically made upon Regional Counsel or Agency. (Manning, Stephen) (Main Document 14 replaced on 6/8/2017) (sss). (Entered: 05/25/2017)

May 25, 2017 PACER
15

Return of Service Executed as to Donald J. Trump served on 4/24/2017. Service specifically made upon U.S. Attorney General. (Manning, Stephen) (Main Document 15 replaced on 6/8/2017) (sss). (Entered: 05/25/2017)

May 25, 2017 PACER
16

Return of Service Executed as to Donald J. Trump served on 4/20/2017, answer due on 6/19/2017. Service specifically made upon Local U.S. Attorney. (Manning, Stephen) (Main Document 16 replaced on 6/8/2017) (sss). (Entered: 05/25/2017)

May 25, 2017 PACER
17

Clerk's Notice of Docket Correction regarding 12, 13, 14, 15, 16 Service Return. The PDF's attached to these entries at filing were incorrect. The documents were missing a case caption cover page. A corrected PDF has been uploaded for each entry to replace the incorrect attachment. The Notice of Electronic Filing will be regenerated to all parties. (sss) (Entered: 06/08/2017)

June 8, 2017 PACER
18

Notice of Appearance of Genevieve M. Kelly appearing on behalf of All Defendants Filed by on behalf of All Defendants (Kelly, Genevieve) (Entered: 06/15/2017)

June 15, 2017 RECAP
19

Joint Motion to Administratively Close. Filed by Unite Oregon. (Manning, Stephen) (Entered: 06/15/2017)

June 15, 2017 PACER
20

ORDER OF ADMINISTRATIVE CLOSING: It is Ordered that the parties' Joint Motion to Administratively Close this Action 19 is Granted and that this action is administratively closed. The parties at any time may file a motion to reopen the matter and return it to the active docket. Should this matter be reopened, the parties agree that if Plaintiff moves to amend its complaint, the Defendants will have 60 days to answer or otherwise respond to the amended complaint. Signed on 6/16/17 by Magistrate Judge Paul Papak. (gm) (Entered: 06/19/2017)

June 16, 2017 PACER
21

Notice of Voluntary Dismissal Filed by Unite Oregon. (dos Santos, Mathew) (Entered: 03/08/2019)

March 8, 2019 PACER

State / Territory: Oregon

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Travel Ban Challenges

Key Dates

Filing Date: Feb. 1, 2017

Closing Date: March 8, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Unite Oregon, a nonprofit organization with immigrant and refugee members.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Office of the President of the U.S. (Washington D.C.), Federal

Department of Homeland Security (Washington D.C.), Federal

U.S. Customs and Border Protection (Washington D.C.), Federal

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Access to lawyers or judicial system

Disparate Treatment

Over/Unlawful Detention

Terrorism/Post 9-11 issues

Discrimination-basis:

National origin discrimination

Religion discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Border police

Constitutional rights

Detention - criteria

Detention - procedures

Immigration lawyers

Refugees

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern