Case Detail

FOIA Project Annotation: A federal court in Illinois has ruled that the Department of Homeland Security properly withheld the identification of the names of organizations included on the Tier III list used to assess whether an individual has ties to terrorism that would disqualify them from admission to the United States under Exemption 7(E) (investigative methods and techniques), but that information about date of birth and nationality for otherwise non-identified asylum applicants is not protected by Exemption 7(C) (invasion of privacy concerning law enforcement records). The Heartland Alliance National Immigration Justice Center, a Chicago-based organization providing information and legal aid to immigrants seeking refuge in the U.S., requested information related to Tier III terrorist organizations as defined in the Immigration and Nationality Act. The agency provided some records. Unsatisfied with the agency's response, Heartland Alliance filed suit. The parties were able to resolve all their disputes except for those surrounding 90 Exemption Worksheets that contained information about whether an applicant was affiliated with a Tier III organization, whether the applicant's affiliation made him or her inadmissible, and whether the individual received an exemption from the inadmissibility finding. The agency withheld the names of the Tier III terrorist organizations on the basis of Exemption 7(E). Heartland Alliance argued the names of the organizations did not qualify as either techniques or procedures. The court agreed, but indicated that the names qualified instead as guidelines that could be protected under Exemption 7(E). Heartland Alliance contended that the agency had failed to show how disclosure would risk circumvention of law. The court, however, observed that "given how information on Tier III organizations is collected, coupled with the documented cases in which immigration applicants have lied about or omitted their association with Tier III organizations, it is reasonable that the release of all Tier III organization names, not just the ones revealed through the course of litigation, could influence applicants to misrepresent or conceal their past or present involvement with foreign organizations." The court rejected the agency's attempt to withhold date of birth and nationality information about applicants under Exemption 7(C). The court noted that "without a link or connection to an individual person, the privacy concerns in this case are law to nil." The court added that "plaintiff does not request the applicants' names; it only wants age and nationality information for a statistical review on the treatment of minors and to discern any 'disparate impact' on applicants based on their national origin. Plaintiff's request follows the spirit of the FOIA, which is 'to ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption and to hold the governors accountable to the governed.'"
Issues: Exemption 7(E) - Investigative methods or techniques, Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2012-12-05	1	COMPLAINT for Declaratory and Injunctive Relief filed by Heartland Alliance National Immigration Justice Center; Filing fee $ 350, receipt number 0752-7823398. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Eliseuson, Anthony) (Entered: 12/05/2012)
2012-12-05	2	CIVIL Cover Sheet (Eliseuson, Anthony) (Entered: 12/05/2012)
2012-12-05	3	ATTORNEY Appearance for Plaintiff Heartland Alliance National Immigration Justice Center by Anthony Thomas Eliseuson (Eliseuson, Anthony) (Entered: 12/05/2012)
2012-12-05	4	ATTORNEY Appearance for Plaintiff Heartland Alliance National Immigration Justice Center by Natalie J. Spears (Spears, Natalie) (Entered: 12/05/2012)
2012-12-05	5	ATTORNEY Appearance for Plaintiff Heartland Alliance National Immigration Justice Center by Melissa Angelica Economy (Economy, Melissa) (Entered: 12/05/2012)
2012-12-05	6	ATTORNEY Appearance for Plaintiff Heartland Alliance National Immigration Justice Center by Irina Dashevsky (Dashevsky, Irina) (Entered: 12/05/2012)
2012-12-05		CASE ASSIGNED to the Honorable Charles R. Norgle, Sr. Designated as Magistrate Judge the Honorable Daniel G. Martin. (jn, ) (Entered: 12/05/2012)
2012-12-06		SUMMONS Issued as to Defendants United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security Office of General Counsel, United States Department of Homeland Security Privacy Office (a/k/a Executive Secretariat), United States Immigration and Customs Enforcement, United States Office of Civil Rights and Civil Liberties (daj, ) (Entered: 12/06/2012)
2012-12-07		SUMMONS Issued electronically as to Gary Shapiro, Acting U.S. Attorney. (tlm) (Entered: 12/07/2012)
2012-12-07		SUMMONS Issued as to Defendant Eric H. Holder, Jr., U.S. Attorney General. (tlm) (Entered: 12/07/2012)
2012-12-11	7	SUMMONS Returned Executed by Heartland Alliance National Immigration Justice Center as to All Defendants (Eliseuson, Anthony) (Entered: 12/11/2012)
2013-01-17	8	DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Defendants United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security Office of General Counsel, United States Department of Homeland Security Privacy Office, United States Immigration and Customs Enforcement, United States Office of Civil Rights and Civil Liberties (Oswald, Craig) (Entered: 01/17/2013)
2013-01-17	9	MOTION by Defendants United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security Office of General Counsel, United States Department of Homeland Security Privacy Office, United States Immigration and Customs Enforcement, United States Office of Civil Rights and Civil Liberties for extension of time (Oswald, Craig) (Entered: 01/17/2013)
2013-01-17	10	NOTICE of Motion by Craig Arthur Oswald for presentment of extension of time, 9 before Honorable Charles R. Norgle Sr. on 1/25/2013 at 10:30 AM. (Oswald, Craig) (Entered: 01/17/2013)
2013-01-24	11	MINUTE entry before Honorable Charles R. Norgle, Sr: Motion for extension of time 9 is granted. The parties are not required to appear before the court on Friday, January 25, 2013. Mailed notice (ewf, ) (Entered: 01/24/2013)
2013-02-08	12	ANSWER to Complaint by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security Office of General Counsel, United States Department of Homeland Security Privacy Office, United States Immigration and Customs Enforcement, United States Office of Civil Rights and Civil Liberties(Riess, Daniel) (Entered: 02/08/2013)
2013-04-02	13	Notice of Firm Name Change by Heartland Alliance National Immigration Justice Center (Economy, Melissa) (Entered: 04/02/2013)
2013-04-03	14	MINUTE entry before Honorable Charles R. Norgle, Sr: A status hearing is set for 5/1/2013 at 10:00 a.m. Mailed notice (ewf, ) (Entered: 04/03/2013)
2013-05-01	15	MINUTE entry before Honorable Charles R. Norgle, Sr: Status hearing held on 5/1/2013. Agreed Written Status Report is due 7/19/2013. Mailed notice (ewf, ) (Entered: 05/01/2013)
2013-07-19	16	STATUS Report Agreed Status Report by Heartland Alliance National Immigration Justice Center (Dashevsky, Irina) (Entered: 07/19/2013)
2013-07-24	17	MINUTE entry before Honorable Charles R. Norgle: The Court has reviewed the Agreed Status Rrport 16 . An Agreed Written Status Report on settlement negotiations is due on 8/19/2013. Mailed notice (ewf, ) (Entered: 07/24/2013)
2013-08-19	18	STATUS Report Agreed Status Report by Heartland Alliance National Immigration Justice Center (Dashevsky, Irina) (Entered: 08/19/2013)
2013-08-23	19	MINUTE entry before Honorable Charles R. Norgle: The court has reviewed the Agreed Status Report 18 . Agreed Status Report on settlement negotiations is due on 9/19/2013. Mailed notice (ewf, ) (Entered: 08/26/2013)
2013-09-19	20	STATUS Report Agreed Status Report by Heartland Alliance National Immigration Justice Center (Dashevsky, Irina) (Entered: 09/19/2013)
2013-09-27	21	MINUTE entry before Honorable Charles R. Norgle: The Court approves of the Agreed Status Report 20 . Agreed Written Status Report on settlement is due October 18, 2013. Status Report due by 10/18/2013.Mailed notice (ewf, ) (Entered: 09/30/2013)
2013-10-07	22	GENERAL ORDER 13-0018 dated 10/7/13: IT IS HEREBY ORDERED, effective October 1, 2013, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by Chief Judge Castillo. (et, ) (Entered: 10/07/2013)
2013-10-17	23	GENERAL ORDER 13-0019 dated 10/17/13: IT IS THEREFORE ORDERED, that the stay entered by General Order 13-0018 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement), including but not limited to any scheduled discovery and pleading dates, are extended by 28 days. The Court warns litigants that this General Order does not purport to affect rights to or deadlines concerning appeal from any decision of this Court. Any litigant affected by this General Order may see relief from the order by motion. Trial dates in the affected cases will stand, although they may need to be adjusted in individual cases to account for the extension of other dates. The Court may, in any particular case, vary the effect or operation of this General Order by a separate ruling. (For Further Details See Attached Order). Signed by Chief Judge Castillo on 10/17/2013 (td, ) (Entered: 10/17/2013)
2013-11-15	24	STATUS Report (Agreed Status Report) by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security Office of General Counsel, United States Department of Homeland Security Privacy Office, United States Immigration and Customs Enforcement, United States Office of Civil Rights and Civil Liberties (Riess, Daniel) (Entered: 11/15/2013)
2013-11-19	25	MINUTE entry before the Honorable Charles R. Norgle: Status hearing on settlement is set for 1/13/2014 at 10:30 A.M. Mailed notice (ewf, ) (Entered: 11/19/2013)
2014-01-13	26	MINUTE entry before the Honorable Charles R. Norgle:Status hearing held on 1/13/2014. An Agreed Written Status Report is due on 1/31/2014. Mailed notice (ewf, ) (Entered: 01/14/2014)
2014-01-31	27	STATUS Report Agreed Status Report by Heartland Alliance National Immigration Justice Center (Dashevsky, Irina) (Entered: 01/31/2014)
2014-02-28	28	STATUS Report AGREED by Heartland Alliance National Immigration Justice Center (Eliseuson, Anthony) (Entered: 02/28/2014)
2014-03-28	29	STATUS Report Agreed by Heartland Alliance National Immigration Justice Center (Dashevsky, Irina) (Entered: 03/28/2014)
2014-04-02	30	MINUTE entry before the Honorable Charles R. Norgle: The court has reviewed the Agreed Status Report. A status hearing is set for 5/16/2014 at 10:00 a.m. Mailed notice (ewf, ) (Entered: 04/02/2014)
2014-05-16	31	MINUTE entry before the Honorable Charles R. Norgle: Status hearing held on 5/16/2014. Status hearing is continued to 7/31/2014 at 10:00 a.m. Mailed. notice (ewf, ) (Entered: 05/19/2014)
2014-07-31	32	MINUTE entry before the Honorable Charles R. Norgle: Status hearing held on 7/31/2014. Status hearing is continued to 10/10/2014 at 10:00 a.m. Mailed notice (ewf, ) (Entered: 07/31/2014)
2014-10-09	33	MINUTE entry before the Honorable Charles R. Norgle: The status hearing ( regarding settlement) is reset for 10/10/2014 is reset for 11/7/2014 at 10:00 a.m.Mailed notice (ewf, ) (Entered: 10/09/2014)
2014-11-07	34	MINUTE entry before the Honorable Charles R. Norgle: Status hearing held on 11/7/2014. Status hearing ( regarding settlement) is continued to 12/17/2014 at 10:00 a.m. Mailed notice (ewf, ) (Entered: 11/07/2014)
2014-12-17	35	MINUTE entry before the Honorable Charles R. Norgle:Status hearing held on 12/17/2014. Status hearing on settlement is continued to 6/26/2015 at 10:00 a.m. Mailed. notice (ewf, ) (Entered: 12/17/2014)
2015-04-22	36	NOTICE by All Defendants of Filing of Vaughn Index (Attachments: # 1 Vaughn Index, # 2 Exhibit A (Settlement Agreement and Release))(Riess, Daniel) (Entered: 04/22/2015)
2015-06-16	37	ATTORNEY Appearance for Plaintiff Heartland Alliance National Immigration Justice Center by Lindsey A. Trachtenberg (Trachtenberg, Lindsey) (Entered: 06/16/2015)
2015-06-23	38	STATUS Report Agreed Status Report and Proposed Briefing Schedule by Heartland Alliance National Immigration Justice Center (Eliseuson, Anthony) (Entered: 06/23/2015)
2015-06-24	39	MINUTE entry before the Honorable Charles R. Norgle: The court approves of the Parties' Agreed Status Report and Proposed Briefing Schedule 38 . The status hearing set for June 26, 2015 is stricken. Mailed notice (ewf, ) (Entered: 06/24/2015)
2015-09-03	40	MOTION by Defendants United States Department of Homeland Security Office of General Counsel, United States Immigration and Customs Enforcement, United States Citizenship and Immigration Services, United States Department of Homeland Security Privacy Office, United States Department of Homeland Security, United States Office of Civil Rights and Civil Liberties for summary judgment (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 (Decl. of Matthew Emrich), # 3 Exhibit 2 (Decl. of Aaron Martz), # 4 Statement of Material Facts)(Riess, Daniel) (Entered: 09/03/2015)
2015-10-15	41	MOTION by Plaintiff Heartland Alliance National Immigration Justice Center for summary judgment Cross Motion for Summary Judgment (Eliseuson, Anthony) (Entered: 10/15/2015)
2015-10-15	42	MEMORANDUM by Heartland Alliance National Immigration Justice Center in support of motion for summary judgment 41 (Eliseuson, Anthony) (Entered: 10/15/2015)
2015-10-15	43	Statement of Undisputed Facts STATEMENT by Heartland Alliance National Immigration Justice Center Response to Defendants' Statement of Undisputed Facts and Separate Statement of Undisputed Material Facts (Eliseuson, Anthony) (Entered: 10/15/2015)
2015-10-15	44	DECLARATION of Anthony T. Eliseuson regarding motion for summary judgment 41 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Eliseuson, Anthony) (Entered: 10/15/2015)
2015-11-24	45	MOTION by Defendants United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security Office of General Counsel, United States Department of Homeland Security Privacy Office, United States Immigration and Customs Enforcement, United States Office of Civil Rights and Civil Liberties for leave to file excess pages (unopposed) (Riess, Daniel) (Entered: 11/24/2015)
2015-11-24	46	NOTICE of Motion by Daniel M. Riess for presentment of motion for leave to file excess pages, 45 before Honorable Charles R. Norgle Sr. on 12/4/2015 at 10:30 AM. (Riess, Daniel) (Entered: 11/24/2015)
2015-12-03	47	MINUTE entry before the Honorable Charles R. Norgle: Motion to exceed page limits 45 is granted. The parties are not required to appear before the court on Friday, December 4, 2015. Mailed notice (ewf, ) (Entered: 12/03/2015)
2015-12-04	48	MEMORANDUM by United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security Office of General Counsel, United States Department of Homeland Security Privacy Office, United States Immigration and Customs Enforcement, United States Office of Civil Rights and Civil Liberties in Opposition to motion for summary judgment 41 and reply in support of Defendants' motion for summary judgment 40 (Attachments: # 1 Exhibit 1)(Riess, Daniel) (Entered: 12/04/2015)
2015-12-04	49	RESPONSE by Defendants United States Citizenship and Immigration Services, United States Department of Homeland Security, United States Department of Homeland Security Office of General Counsel, United States Department of Homeland Security Privacy Office, United States Immigration and Customs Enforcement, United States Office of Civil Rights and Civil Liberties to statement 43 (Riess, Daniel) (Entered: 12/04/2015)
2016-01-18	50	REPLY by Plaintiff Heartland Alliance National Immigration Justice Center to motion for summary judgment 41 in support of Cross-Motion for Summary Judgment (Eliseuson, Anthony) (Entered: 01/18/2016)
2016-02-17	51	ORDER Defendant's Motion for Summary Judgment 40 is granted. Plaintiff Heartland Alliance National Immigrant Justice Center's Cross-Motion for Summary Judgment 41 is granted. Civil case terminated. Signed by the Honorable Charles R. Norgle, Sr on 2/17/2016. Mailed notice(sj, ) (Entered: 02/19/2016)
2016-02-17	52	OPINION and Order Signed by the Honorable Charles R. Norgle, Sr on 2/17/2016. Mailed notice(sj, ) (Entered: 02/19/2016)
2016-02-17	53	ENTERED JUDGMENT Mailed notice(sj, ) (Entered: 02/19/2016)
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