MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF 

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DARREN S. TESHIMA (SBN 238875)

dteshima@orrick.com

JAZMIN HOLMES (SBN 295312)

jholmes@orrick.com

DANIEL S. GUERRA (SBN 267559)

dguerra@orrick.com

ORRICK, HERRINGTON & SUTCLIFFE LLP

The Orrick Building

405 Howard Street

San Francisco, CA 94105-2669

Telephone: (415) 773-5700

Facsimile: (415) 773-5759

Attorneys for Amici Curiae

Public Schools, Public School

Districts, and Associations of Educators

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

CITY AND COUNTY OF SAN FRANCISCO,

 Plaintiff,

vs.

DONALD J. TRUMP, President of the United 

States, UNITED STATES OF AMERICA, 

JOHN F. KELLY, Secretary of United States 

Department Homeland Security, JEFFERSON 

B. SESSIONS, Attorney General of the United 

States, DOES 1-100 et al.,

 Defendants.

Case No. 3:17-cv-00485-WHO

PUBLIC SCHOOLS, SCHOOL 

DISTRICTS AND ASSOCIATIONS OF

EDUCATORS' MOTION FOR LEAVE TO 

FILE AMICUS CURIAE BRIEF

Case 3:17-cv-00485-WHO Document 58 Filed 03/29/17 Page 1 of 5
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INTRODUCTION

Public schools, school districts, educational associations, and individual educators (the 

“Educational Amici”) respectfully move for leave to file an amicus curiae brief in support of the 

City and County of San Francisco’s Motion for Preliminary Injunction. Pursuant to the Court’s 

March 21, 2017 Order Regarding Amicus Briefing, Educational Amici file this administrative 

motion for leave to file their amicus brief. A copy of the proposed brief is attached as Exhibit A to 

this motion. Plaintiff has consented to the filing of this motion and the accompanying amicus brief. 

Defendant has informed Educational Amici that it takes no position on the current filing. 

IDENTITY AND INTEREST OF AMICUS CURIAE

The Educational Amici are located throughout the State of California and are at the heart of 

local education communities. They operate schools and school districts, teach and nurture our 

children, interact with student families, and foster the sense of community and inclusiveness 

essential for successful educational outcomes.

The Education Amici include nine public charter schools, Academia Avance Charter, Alta 

Public Schools, Aspire Public Schools, Camino Nuevo Charter Academy, GALS LA (Girls Athletic 

Leadership School - Los Angeles), Green Dot Public Schools, KIPP Bay Area Schools, Semillas 

Community Schools and Sunrise Middle School; eight school districts, Berryessa Union School 

District, Sacramento City Unified School District, San Diego Unified School District, San Francisco 

Unified School District, Santa Clara Unified School District, Sunnyvale School District, 

Sweetwater Union High School District and Wiseburn Unified School District; three community 

college districts, Palomar College, San Diego Community College District and Southwestern 

College; five educational associations, ACSA (Association of California School Administrators), 

CCSA (California Charter Schools Association), CFT (California Federation of Teachers), CLSBA 

(California Latino School Boards Association) and CTA (California Teachers Association); and one 

superintendent in his official capacity, Benjamin H. Picard, Ed.D. (Superintendent of Schools, 

Sunnyvale School District).

Given their position in the educational system, the Educational Amici are particularly aware 

of the impact of the President Donald J. Trump’s Executive Order entitled “Enhancing Public 

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Safety in the Interior of the United States” (the “Executive Order”) on our students, their families, 

and the broader educational system. Educational Amici, who provide children with their 

constitutionally guaranteed right to an education, Plyler v. Doe, 457 U.S. 202, 219-30 (1982), are 

bearing witness to the on-going and irreparable harm the Executive Order is causing.

REASONS WHY THE MOTION SHOULD BE GRANTED

District courts have “broad discretion” to appoint amicus curiae. Hoptowit v. Ray, 682 F. 2d 

1237, 1260 (9th Cir. 1982). “District courts frequently welcome amicus briefs from non-parties 

concerning legal issues that have potential ramifications beyond the parties directly involved or if 

the amicus has ‘unique information or perspective that can help the court beyond the help that the 

lawyers for the parties are able to provide.’” NGV Gaming, Ltd. V. Upstream Point Molate, LLC, 

355 F. Supp. 2d 1061, 1067 (N.D. Cal. 2005) (quoting Cobell v. Norton, 246 F. Supp. 2d 59, 62 

(D.D.C.2003)). If permitted to file, the Educational Amici will fulfill “the classic role of amicus 

curiae by assisting in a case of general public interest[] [and] supplementing the efforts of 

counsel[.]” Miller-Wohl Co. v. Comm'r of Labor & Indus. State of Mont., 694 F.2d 203, 204 (9th 

Cir. 1982).

The Court should exercise its discretion to permit the Educational Amici to file the attached 

amicus brief. Counsel for the Educational Amici is familiar with the scope of the arguments 

presented by the parties and will not unduly repeat those arguments. Educational Amici will draw 

upon their knowledge of the educational system and their experience in school communities to 

demonstrate the on-going and irreparable harm the Executive Order is causing and will continue to 

cause unless enjoined by the Court.

CONCLUSION

For these reasons, the Educational Amici respectfully request that the Court grant it leave to 

file the amicus brief attached as Exhibit A.

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Dated: March 29, 2017 Respectfully submitted,

ORRICK, HERRINGTON & SUTCLIFFE LLP

 /s/ Darren S. Teshima

 DARREN S. TESHIMA

Attorneys for Amici Curiae

Public Schools, Public School Districts,

and Associations of Educators

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CERTIFICATE OF SERVICE

I, Darren S. Teshima, hereby certify that on the 29th day of March, 2017, I caused the foregoing

document to be electronically transmitted to the Clerk of the Court using the ECF System for filing 

and transmittal of a Notice of Electronic Filing to any ECF registrants for this case.

 /s/ Darren S. Teshima 

 DARREN S. TESHIMA

Case 3:17-cv-00485-WHO Document 58 Filed 03/29/17 Page 5 of 5