American Civil Liberties Union of Massachusetts et al v. Immigration and Customs Enforcement, plus case descriptions

We have added 61 documents from 10 FOIA cases filed between May 9, 2021 and May 15, 2021. Note that there can be delays between the date a case is filed and when it shows up on PACER. If there are filings from this period that have yet to be posted on PACER, this FOIA Project list may not be complete.

Click on a case title below to view details for that case, including links to the associated docket and complaint documents.

1. American Civil Liberties Union of Massachusetts et al v. Immigration and Customs Enforcement (filed May 10, 2021)
   The ACLU of Massachusetts and American Oversight submitted FOIA requests to U.S. Immigration and Customs Enforcement concerning records on the indictment of District Court Judge Shelley Richmond and court officer Wesley MacGregor for allowing an individual to leave the court by the backdoor to avoid being arrested by ICE agents at the front of the court house. The agency acknowledged receipt of the request. The agency then told the ACLU of Massachusetts and American Oversight that it could not release records on Richmond and MacGregor without a third-party authorization. After hearing nothing further from the agency, the ACLU of Massachusetts and American Oversight filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS v. OFFICE OF THE ATTORNEY GENERAL et al (filed May 11, 2021)
   The Reporters Committee for Freedom of the Press submitted two FOIA requests to the Department of Justice for records concerning the agency’s policies for obtaining information from the media. The Reporters Committee also requested a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Reporters Committee filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. NATIONAL ASSOCIATION OF MINORITY VETERANS v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (filed May 11, 2021)
   The National Association of Minority Veterans submitted a FOIA request to the Department of Veterans Affairs for records concerning notice, discussion of, and compliance with Office of Inspector General guidelines and recommendations. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NAMV filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF DEFENSE (filed May 11, 2021)
   Judicial Watch submitted a FOIA request to the Department of Defense for records concerning emails regarding the deployment of troops around the Capitol complex on Jan. 6, 2021 sent to or from Secretary of Defense Lloyd Austin and senior officials. The agency acknowledged receipt of the request and invoked a 10-day extension in which to respond. After hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
5. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF THE INTERIOR (filed May 11, 2021)
   Judicial Watch submitted a FOIA request to the Department of Interior for records concerning emails sent and received by the U.S. Park Police from the Metropolitan D.C. Police, the FBI, the U.S. Capitol Police, and the House and Senate Sergeants of Arms pertaining to the Jan. 6 pro-Trump rally which resulted in storming the Capitol. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
6. CENTER FOR FOOD SAFETY v. U.S. ARMY CORPS OF ENGINEERS (filed May 11, 2021)
   The Center for Food Safety submitted FOIA requests to U.S. Army Corps of Engineers for records concerning letters of permission issued by the agency to commercial shellfish aquaculture operations in Washington. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, CFS filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Organized Communities Against Deportations et al v. Immigration and Customs Enforcement (filed May 11, 2021)
   Organized Communities Against Deportation, Immigrant Defense Project, and the Center for Constitutional Rights submitted FOIA requests to U.S. Immigration and Customs Enforcement for records concerning training materials and guidelines pertaining to the agency’s citizens academies. OCAD also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request and told the requesters they had been put in the commercial requester category. OCAD and the others filed an administrative appeal. The agency affirmed its denial of expedited processing but reversed its fee decision. After hearing nothing further from the agency, OCAD and the other requesters filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Fees, Litigation – Attorney’s fees
8. Nash v. U.S. Immigration and Customs Enforcement (filed May 12, 2021)
   Lindsay Nash, a law professor at Benjamin Cardozo School of Law and co-director of Kathryn O. Greenberg Immigration Justice Clinic, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the number of administrative arrest warrants issued by ICE officers from 2003 to the present. Nash also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and asked Nash to narrow the scope of her request, which she did. After hearing nothing further from the agency, Nash filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. Bradley et al v. United States Department of the Navy (filed May 13, 2021)
   James and Teresa Bradley submitted a FOIA request to the Department of the Navy for records concerning the death of their son James in 2019 at the Port Hueneme Naval Base in Ventura County, CA. Because the Navy told the Bradleys that their son appeared to have committed suicide, they asked for expedited of the request. The agency denied the Bradleys’ request for expedited processing and withheld the records under Exemption 7(A) (interference with ongoing investigation or proceeding). The Bradleys then filed an administrative appeal of the denial. The agency upheld its decision to invoke Exemption 7(A) and the Bradleys filed suit.
   Issues: Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. SENSEYE, INC. v. U.S. Department of the Army (filed May 13, 2021)
    Senseye, Inc., a research and technology company in Austin, Texas, submitted a FOIA request to the Department of the Army for records concerning Army Research Laboratory programs referenced in an email from Beth Scherr. Director of Small Business Programs, U.S. Army Futures Command, to David Zakariaie of Seneye, Inc. The Agency acknowledged receipt of the request but after hearing nothing further from the agency, Seneye, Inc. filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees