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Case Name Unite Oregon v. Trump IM-OR-0005
Docket / Court 3:17-cv-00179 ( D. Or. )
State/Territory Oregon
Case Type(s) Immigration and/or the Border
Presidential/Gubernatorial Authority
Special Collection Trump Travel Ban Challenges
Attorney Organization ACLU Affiliates (any)
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 ... read more >
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.

Virginia Weeks - 02/08/2017
Jamie Kessler - 02/21/2017
Ava Morgenstern - 10/27/2017
Esteban Woo Kee - 10/23/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Due Process: Procedural Due Process
Due Process: Substantive Due Process
Equal Protection
Establishment Clause
Discrimination-basis
National origin discrimination
Religion discrimination
General
Access to lawyers or judicial system
Disparate Treatment
Over/Unlawful Detention
Terrorism/Post 9-11 issues
Immigration/Border
Admission - criteria
Admission - procedure
Border police
Constitutional rights
Detention - criteria
Detention - procedures
Immigration lawyers
Refugees
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)
Defendant(s) Department of Homeland Security
Office of the President of the U.S.
U.S. Customs and Border Protection
Plaintiff Description Unite Oregon, a nonprofit organization with immigrant and refugee members.
Indexed Lawyer Organizations ACLU Affiliates (any)
Class action status sought No
Class action status outcome Not sought
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Filed 02/01/2017
Case Closing Year 2019
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Presidential Executive Order on Resuming the United States Refugee Admissions Program with Enhanced Vetting Capabilities
Federal Register
Date: Oct. 24, 2017
By: United States
[ Detail ] [ External Link ]

  Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats
Federal Register
Date: Sep. 24, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ External Link ]

  Presidential Memorandum for the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence
Date: Jun. 14, 2017
By: Donald Trump (White House)
[ Detail ] [ PDF ] [ External Link ]

  Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States
Federal Register
Date: Mar. 6, 2017
By: President Donald Trump (President of the United States)
[ Detail ] [ External Link ]

  Unite Oregon v Trump, et. al.
www.aclu-or.org
Date: Feb. 1, 2017
By: American Civil Liberties Union (ACLU) of Oregon
[ Detail ] [ External Link ]

  Memorandum to the Acting Secretary of State, the Acting Attorney General, and the Secretary of Homeland Security
The White House
Date: Feb. 1, 2017
By: Donald F. McGahn II, Counsel to the President (The White House)
[ Detail ] [ PDF ] [ External Link ]

  Statement by Acting Attorney General Sally Yates
https://www.nytimes.com/
Date: 1/30/2017
By: Acting Attorney General Sally Yates (Department of Justice)
[ Detail ] [ PDF ] [ External Link ]

  Statement By Secretary John Kelly on the Entry of Lawful Permanent Residents into the United States
https://www.dhs.gov/
Date: 1/29/2017
By: DHS Secretary John Kelly (Department of Homeland Security)
Citation: https://www.dhs.gov/news/2017/01/29/statement-secretary-john-kelly-entry-lawful-permanent-residents-united-states
[ Detail ] [ PDF ] [ External Link ]

  Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States
Federal Register
Date: Jan. 27, 2017
By: President Donald Trump (Office of the President)
[ Detail ] [ PDF ] [ External Link ]

Court Docket(s)
D. Or.
03/08/2019
3:17-cv-00179-PK
IM-OR-0005-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Or.
02/01/2017
Complaint for Declaratory and Injunctive Relief [ECF# 1]
IM-OR-0005-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Or.
06/15/2017
Joint Motion to Administratively Close [ECF# 19]
IM-OR-0005-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Papak, Paul J. (D. Or.) show/hide docs
IM-OR-0005-9000
Plaintiff's Lawyers Boell, Jessica M. (Oregon) show/hide docs
IM-OR-0005-9000
Dos Santos, Mathew William (California) show/hide docs
IM-OR-0005-0001 | IM-OR-0005-0002 | IM-OR-0005-9000
Manning, Stephen W. (Oregon) show/hide docs
IM-OR-0005-0001 | IM-OR-0005-0002 | IM-OR-0005-9000
Rotman, Jennifer M. (Oregon) show/hide docs
IM-OR-0005-9000
Simon, Kelly K. (Oregon) show/hide docs
IM-OR-0005-9000
Defendant's Lawyers Kelly, Genevieve M. (District of Columbia) show/hide docs
IM-OR-0005-9000
Peachey, William Charles (District of Columbia) show/hide docs
IM-OR-0005-0002
Readler, Chad Andrew (District of Columbia) show/hide docs
IM-OR-0005-0002
Westwater, Gisela Ann (District of Columbia) show/hide docs
IM-OR-0005-0002

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