HUAWEI TECHNOLOGIES CO., LTD. et al v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al and 14 other new FOIA lawsuits

We have added 181 documents from 15 FOIA cases filed between October 25, 2020 and October 31, 2020. 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. HUAWEI TECHNOLOGIES CO., LTD. et al v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT et al (filed Oct 30, 2020)
   Huawei Technologies submitted FOIA requests to the Department of Homeland Security, the Department of Justice, the Department of State, the Department of Commerce, and the Department of Treasury for records concerning how U.S. China trade relations and the development of 5G technology may have influenced the U.S. decision to indict Huawei Chief Financial Officer Meng Wanzhou. The agencies acknowledged receipt of the requests. Huawei also requested expedited processing. Three of the agencies responded by withholding records under Exemption 5 (privileges), Exemption 6 (invasion of privacy), Exemption 7(A) (interference with ongoing investigation or proceeding), and Exemption 7(C) (invasion of privacy concerning law enforcement records). After hearing nothing from U.S. Immigration and Customs Enforcement, Huawei filed an administrative appeal. ICE agreed to conduct a more expansive search. After hearing nothing further from the agencies, Huawei filed suit.
   Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. ELECTRONIC PRIVACY INFORMATION CENTER v. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Oct 26, 2020)
   The Electronic Privacy Information Center submitted two FOIA requests to U.S. Immigration and Customs Enforcement for records. EPIC’s first request was for communications and contracts pertaining to the use of Clearview’s facial recognition technology. The second request asked for records concerning contracts with other facial recognition vendors. EPIC requested expedited processing and inclusion in the news media fee category. The agency acknowledged receipt of the requests and asked EPIC to clarify its requests. After hearing nothing further from the agency, EPIC filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index, Public Interest Fee Waiver
3. JUDICIAL WATCH, INC. v. NATIONAL SECURITY AGENCY (filed Oct 27, 2020)
   Judicial Watch submitted two FOIA requests to the National Security Agency for records concerning requests for unmasking of Michael Flynn’s identity by various Obama administration officials, including Joe Biden. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Judicial Watch filed suit.
   Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
4. JAMES MADISON PROJECT et al v. DEPARTMENT OF STATE (filed Oct 27, 2020)
   The James Madison Project and New Yorker reporter Adam Entous submitted a FOIA request to the Department of State for records concerning the Havana Syndrome Report, prepared for the agency by the National Academy of Sciences pertaining to the investigation of acoustic noise that affected personnel at the U.S. Embassy in Cuba. JMP also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, JMP and Entous filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. WHITE COAT WASTE PROJECT v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (filed Oct 27, 2020)
   White Coat Waste Project submitted a FOIA request to the Department of Veterans Affairs for records concerning a study of post-operative recovery after cardiac surgery that had been done at the St. Louis Health Care System. The agency acknowledged receipt of the request but after hearing nothing further from the agency, White Coast Waste Project filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. NATIONAL PUBLIC RADIO, INC. et al v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (filed Oct 28, 2020)
   NPR reporter Rebecca Hersher and assistant producer Jingnan Huo submitted a FOIA request to the Department of Housing and Urban Development for records concerning property sales records in the Single Family Acquired Asset Management System. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NPR filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Stamps III v. Zarinebaf et al (filed Oct 28, 2020)
   John Stamps filed suit against Virginia Zarinebaf and a number of others. This is not a FOIA suit.
   Issues: FOIA not mentioned
8. Black Alliance for Just Immigration et al v. U.S. Customs and Border Protection (CBP) (filed Oct 28, 2020)
   The Black Alliance for Just Immigration submitted a FOIA request to U.S. Customs and Border Protection for records concerning CBP’s involvement in domestic policing. BAJI also asked for expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, BAJI filed suit.
   Issues: Adequacy – Search, Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON et al v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Oct 29, 2020)
   Citizens for Responsibility and Ethics in Washington, the National Immigration Project, and Project South submitted FOIA requests to U.S. Immigration and Customs Enforcement for records concerning complaints and investigations pertaining to immigrants detained at the Irwin County Detention Center. CREW also asked for a fee waiver. The agency acknowledged receipt of the request. The National Immigration Project and Project South also asked for expedited processing and a fee waiver. After hearing nothing further from the agencies, CREW, the National Immigration, and Project South filed suit.
   Issues: Expedited processing, Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. Center for the Human Rights of Children v. Department of Homeland Security et al (filed Oct 29, 2020)
    The Center for the Human Rights of Children submitted a FOIA request to the Department of Homeland Security for records concerning the use of Title 42 to prohibit the entry of immigrants on the southern border because of the pandemic. CHRC also requested a fee waiver. The agency acknowledged receipt of the request and subsequently told CHRC that its request would not incur fees. After hearing nothing further from the agency, CHRC filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
11. Tempey v. United States Department of Homeland Security (filed Oct 29, 2020)
    Nathan Tempey, a freelance investigative journalist, submitted a FOIA request to the Department of Homeland Security for records concerning a whistleblower’s allegation that the agency was not supposed to focus on potential threats posed by white supremist groups. The agency acknowledged receipt of the request. The agency responded two years later by disclosing records that heavily redacted under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Tempey filed an administrative appeal. The agency upheld the agency’s Exemption 5 redactions but failed to address the Exemption 6 redactions. Tempey then filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees, Litigation – Vaughn index
12. AMERICAN IMMIGRATION COUNCIL et al v. EXECUTIVE OFFICE FOR IMMIGRATION REVIEW et al (filed Oct 30, 2020)
    The American Immigration Council submitted a FOIA request to the Executive Office for Immigration Review for records concerning plans for expanding immigration adjudication centers. The agency acknowledged receipt of the request. The agency responded to portions of AIC request, withholding some records under Exemption 5 (privileges), and referred parts of the request to the General Services Administration. AIC filed an administrative appeal to the Office of Information Policy, challenging the adequacy of EOIR’s search. OIP upheld the search. AIC contacted GSA concerning the referral of AIC’s request to the agency. After hearing nothing further from the agencies, AIC filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
13. WILD HORSE FREEDOM FEDERATION v. ANIMAL AND PLANT HEALTH INSPECTION SERVICE (filed Oct 30, 2020)
    The Wild Horse Freedom Federation submitted a FOIA request to Animal and Plant Health Inspection Service for records concerning APHIS veterinary services certificates title International Health Certificate for Horses for Permanent Entry (Reproduction or Work) Exported from the United States to Mexico. The agency acknowledged receipt of the request and provided some records. After hearing nothing further from the agency, Wild Horse Freedom Federation filed suit.
    Issues: Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. Northwest Employment Education and Defense Fund v. U.S. Department of Agriculture et al (filed Oct 30, 2020)
    The Northwest Employment Education and Defense Fund submitted FOIA requests to the Department of Agriculture and the Bureau of Land Management for records concerning agency contracts with DL Reforestation, Inc. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, NEEDF filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. PROJECT ON GOVERNMENT OVERSIGHT v. DEPARTMENT OF DEFENSE DIRECTORATE FOR FREEDOM OF IMFORMATION AND SECURITY REVIEW (filed Oct 31, 2020)
    The Project on Government Accountability submitted FOIA requests to the Department of Defense for records concerning the criteria the agency uses to determine and calculate the number of military personnel by geographic location recorded in the Defense Manpower Data Center. POGO also requested expedited processing and a fee waiver. The agency denied POGO’s request for expedited processing. After hearing nothing further from the agency, POGO filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees