Case 2:17-cv-00141-JLR Document 4 Filed 01/30/17 Page 1 of 3

1 ROBERT W. FERGUSON
WSBA #26004
2 Attorney General

3 NOAH G. PURCELL
WSBA #43492
4 Solicitor General
COLLEEN M. MELODY
5 WSBA #42275
Civil Rights Unit Chief
6 Office of the Attorney General

7 800 Fifth Avenue, Suite 2000

Seattle, WA 98104
8 206-464-7744

9 UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON
10
STATE OF WASHINGTON, CIVIL ACTION NO.
11
Plaintiff,
12 DECLARATION OF NOAH G.
v. PURCELL IN SUPPORT OF MOTION
13 FOR TEMPORARY RESTRAINING
DONALD TRUMP, in his official ORDER
14 capacity as President of the United
States; U.S. DEPARTMENT OF
15 HOMELAND SECURITY; JOHN F.
KELLY, in his official capacity as
16 Secretary of the Department of
Homeland Security; TOM
17 SHANNON, in his official capacity
as Acting Secretary of State; and the
18 UNITED STATES OF AMERICA,
19 Defendants.
20
Pursuant to 28 U.S.C. 1746(2), I, Noah G. Purcell, hereby declare as follows:
21
1. I am over the age of eighteen and competent to testify.
22
2. I am the Solicitor General for the State of Washington. I make this declaration as a
23
representative of the State of Washington (State) in support of the Motion for
24
Temporary Restraining Order filed concurrently herewith.
25

26

1 ATTORNEY GENERAL OF WASHINGTON

Civil Rights Unit
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
(206) 442-4492
 Case 2:17-cv-00141-JLR Document 4 Filed 01/30/17 Page 2 of 3

1
3. Pursuant to Western District of Washington Local Rule 65(b)(1), on January 30, 2017, I
2
caused an attorney on my staff to call the offices of the United States Attorney for the
3
Western District of Washington to provide notice of the States intent to file a Motion
4
for Temporary Restraining Order later that afternoon, and to note it for hearing on
5
January 30, 2017, the same day.
6
4. Counsel for the State spoke with Kerry Keef, Civil Chief, United States Attorneys
7
Office, Western District of Washington, 700 Stewart Street, Suite 5220, Seattle,
8
Washington 98101, (206) 553-7970.
9
5. Ms. Keef advised that Defendants will be represented by attorneys within the Federal
10
Programs Division of the United States Department of Justice in Washington, D.C.
11
6. No one from the Federal Programs Division has contacted counsel for the State.
12
7. A member of my staff queried and downloaded publicly available data from the U.S.
13
Census website regarding the number of non-citizen immigrants from Iran, Iraq, Libya,
14
Somalia, Sudan, Syria, and Yemen (the seven (7) countries listed in the Presidents
15
Executive Order on immigration) residing in the State of Washington. Attached hereto
16
as Purcell Declaration Exhibit A is a table prepared by my staff member reflecting
17
that data.
18
8. Attached hereto as Purcell Declaration Exhibit B is a true and correct copy of an
19
online printout of a news article from NPR dated January 27, 2017 titled Trumps
20
Immigration Freeze Omits Those Linked To Deadly Attacks in U.S.
21
9. Attached hereto as Purcell Declaration Exhibit C is a true and correct copy of an
22
online printout of a news article dated December 9, 2015 titled Trump spokeswoman:
23
So What? Theyre Muslim.
24
I declare under penalty of perjury that the foregoing is true and correct.
25

26 ///

2 ATTORNEY GENERAL OF WASHINGTON

Civil Rights Unit
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
(206) 442-4492
 Case 2:17-cv-00141-JLR Document 4 Filed 01/30/17 Page 3 of 3

1
///
2

3 ///
Executed this 30th day of January, 2017.
4

5 s/ _Noah G. Purcell __________

Noah G. Purcell, WSBA #43492
6 Solicitor General
Office of the Attorney General
7 800 Fifth Avenue, Suite 2000
8 Seattle, WA 98104
(206) 464-7744
9

10

11

12

13
14

15

16

17

18

19

20

21

22

23

24

25

26

3 ATTORNEY GENERAL OF WASHINGTON

Civil Rights Unit
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
(206) 442-4492
Case 2:17-cv-00141-JLR Document 4-1 Filed 01/30/17 Page 1 of 2

Purcell
Declaration
Exhibit A
 Case 2:17-cv-00141-JLR Document 4-1 Filed 01/30/17 Page 2 of 2

Non-Citizen Immigrants in the State of Washington

From
Countries Listed in Presidents Executive Order

Country of Birth # of Non-Citizen Immigrants

Iran 1,409
Iraq 2,275
Libya 360
Somalia 2,883
Sudan 165
Syria 187
Yemen 0
Total 7,279

Source: U.S. Census, American Community Survey, 5 Year Estimates, 2011-2015

Case 2:17-cv-00141-JLR Document 4-2 Filed 01/30/17 Page 1 of 5

Purcell
Declaration
Exhibit B
 Case 2:17-cv-00141-JLR Document 4-2 Filed 01/30/17 Page 2 of 5

Trump's Immigration Freeze Omits Those Linked To

Deadly Attacks In U.S.

Facebook
Twitter
Google+
Email

January 27, 20171:32 PM ET

Greg Myre

Facebook Twitter
 Case 2:17-cv-00141-JLR Document 4-2 Filed 01/30/17 Page 3 of 5

'tom.

ClrRj
s

Enlarge this image

Protesters hold signs near the White House during a protest about President Donald Trump's
immigration policies on Wednesday. A proposed presidential action would freeze immigration from
seven mostly Muslim countries for security reasons. But the list does not include any of the countries
whose nationals have killed Americans in the U.S. since Sept. 11, 2001. Alex Brandon/AP hide
caption

toggle caption
Alex Brandon/AP

Protesters hold signs near the White House during a protest about President Donald Trump's
immigration policies on Wednesday. A proposed presidential action would freeze immigration from
seven mostly Muslim countries for security reasons. But the list does not include any of the countries
whose nationals have killed Americans in the U.S. since Sept. 11, 2001.

Alex Brandon/AP

Updated 2 p.m. ET
 Case 2:17-cv-00141-JLR Document 4-2 Filed 01/30/17 Page 4 of 5

President Trump's freeze on immigration from seven mostly Muslim countries cites the potential
threat of terrorism. But here's the twist it doesn't include any countries from which radicalized
Muslims have actually killed Americans in the U.S. since Sept. 11, 2001.

The president's executive action, which he signed Friday at the Pentagon, applies to these countries:
Syria, Iran, Libya, Somalia, Yemen, Iraq and Sudan.

Yet no Muslim extremist from any of these places has carried out a fatal attack in the U.S. in more
than two decades.

In contrast, here are the countries of origin of radicalized Muslims who carried out deadly attacks in
the U.S., beginning on Sept. 11, 2001: Saudi Arabia, Egypt, Lebanon, United Arab Emirates,
Pakistan, Russia and Kyrgyzstan.

The two lists are completely distinct, raising questions about the reasoning behind the White House
plan.

"These seven countries were identified by the Obama Administration as needing further travel
scrutiny," White House Press Secretary Sean Spicer said Sunday on ABC's This NTeek. "There are 46
other countries with Muslim populations that are not part of this and I think that's an important
thing to note."

Article continues after sponsorshipBut there were many critics.

"I think this is an overreaction," says Charles Kurzman, a sociology professor at the University of
North Carolina, who has tracked Muslim extremism in the U.S. for years.

"We just haven't seen a large number of Muslim-Americans answering the call to revolutionary
violence that the self-proclaimed Islamic State and other groups have been pitching at them," he
adds.

The nations on the White House list include several mired in civil wars, as well as those that host
extremist groups. All have had fraught relations with the U.S. American drones or warplanes have
conducted airstrikes in five of the seven.

The executive action read: "Deteriorating conditions in certain countries due to war, strife, disaster,
and civil unrest increase the likelihood that terrorists will use any means possible to enter our
country."

Existing visa restrictions

Citizens from the seven nations in Trump's order already faced great difficulty in obtaining visas,
gaining refugee status or immigrating to the U.S.

"The U.S. immigration vetting system is extremely thorough. That is perhaps why we've seen so little
violence by immigrants and refugees in the United States," said Kurzman. "As someone who brings
over international students, international scholars for conferences and training programs, I know
how hard it is to get even extremely upright folks through that system."

The ig terrorists on the hijacked planes used in the Sept. 11 attacks were from four countries not on
the new White House list Saudi Arabia, Egypt, Lebanon and the United Arab Emirates.
 Case 2:17-cv-00141-JLR Document 4-2 Filed
PIAM
01/30/17 Page 5 of 5

Since then, radicalized Muslims have carried out a number of deadly attacks in the.U.S. The precise
count varies among groups that track the terror threat, but most groups cite fewer than 10 lethal
attacks and fewer than loo deaths, including New America, a non-partisan think tank in
Washington.

The deadliest single attack was at the Pulse nightclub in Orlando last June, which left 49 dead. The
man responsible was Omar Mateen, whose parents were from Afghanistan, though he was born New
York. Afghanistan is not on the White House list.

In a few cases, foreign-born nationals have carried out lethal attacks.

They include Tashfeen Malik, who, along with her husband, was responsible for the San Bernardino,
Ca., shooting that claimed 14 lives in December 2015. She was born in Pakistan, but spent most of
her life in Saudi Arabia until she came to the U.S. in 2014 on a fiancee visa to marry Syed Rizwan
Farook. He was born in Chicago, to a family originally from Pakistan. Neither Pakistan nor Saudi
Arabia are on the White House list.

Similarly, the Boston Marathon bombing was carried out by two brothers, Tamerlan and Dzhokar
Tsarnaev. Tamerlan was born in the Soviet Union (now southern Russia), and Dzhokar was born in
Krygyzstan. Those countries are not on the White House list.

Here's a list of attacks linked to radicalized Muslims in the U.S. since the Sept. 11, 2001 attacks:

2016 Omar Mateen shot dead 49 at the Pulse nightclub in Orlando. His parents were originally from Afghanistan. He
was born in New York.

2015 Syed Rizwan Farook'and his wife Tashfeen Malik shot dead 14 people at an office in San Bernardino, Ca., before
they were killed. He was born in Chicago to parents from Pakistan. She was born in Pakistan and raised mostly in
Saudi Arabia.

2015 Mohammad Abdulazeez opened fire at two military recruiting centers in Chattanooga, Tenn., killing five U.S.
military personnel. He was a naturalized American who was born in Kuwait to parents who were Jordanian and
Palestinian.

2013 Two brothers, Tamerlan and Dzhokhar Tsarnaev carried out the Boston Marathon bombing that killed three.
Tamerlan was born in the Soviet Union (now southern Russia), and Dzokhar was born in Kyrgyzstan.

2009 Army Maj. Nidal Hasan, shot dead 13 in Ft. Hood, Texas. Hasan, who was born in Virginia to Palestinian parents
who had immigrated from the West Bank, has been sentenced to the death penalty.

2009 Abdulhakim Muhammad shot and killed an Army private at a recruiting center in Little Rock. He was born in
Memphis to a Christian family, but converted to Islam and changed his name from Carlos Bledsoe.

2002 Egyptian national Hesham Hadayet shot dead two Israelis at the El AI airline ticket counter at the Los Angeles
Airport before being killed.

Sources: New America, Charles Kurzman, the National Consortium for the Study of Terrorism
Case 2:17-cv-00141-JLR Document 4-3 Filed 01/30/17 Page 1 of 3

Purcell
Declaration
Exhibit C
Trump spokeswoman: 'So what? They're Muslim' | TheHill Page 1 of 2
Case 2:17-cv-00141-JLR Document 4-3 Filed 01/30/17 Page 2 of 3

Trump spokeswoman: 'So what

They're Muslim'
BY JESSE BYRNES - 12/09/15 09:36 AM EST

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"So what? They're Muslim," Trump spokeswoman Katrina Pierson said
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There really is something new to the idea of banning an entire religious

VIEW ALL group from entering the country," Cupp countered during the segment.
Pierson argued that the U.S. has never allowed insurgents to come
across these borders."

http://thehill.com/blogs/blog-briefing-room/news/262597-trump-spokeswoman-so-what-th... 1/30/2017
Trump spokeswoman: 'So what? They're Muslim' | TheHill Page 2 of 2
Case 2:17-cv-00141-JLR Document 4-3 Filed 01/30/17 Page 3 of 3

"No one's talking about allowing insurgents," Cupp responded. "You're

talking about not allowing regular Muslims, that's what you're talking
about. No one's talking about insurgents."

"Yes, from Arab nations, Pierson interjected. "You know what, so what?
Related News by They're Muslim."

Trump himself defended his proposal during a round of interviews

Tuesday, amid near universal condemnation from Republicans,
Democrats and leaders from other countries.

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DECLARATION OF NOAH PURCELL re 3 Emergency MOTION for Temporary Restraining Order

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