FOIA Activity: 53 new FOIA court documents, plus case descriptions

We have added 53 documents from 7 FOIA cases filed between February 7, 2021 and February 13, 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. Clergy and Laity United for Economic Justice et al v. Department of Homeland Security et al (filed Feb 10, 2021)
   Clergy and Laity United for Economic Justice and a number of immigration advocacy groups submitted FOIA requests to the Department of Homeland Security for records concerning family detention centers, juvenile detention centers, and locations where parole or credible fear determination records are located. The agency acknowledged receipt of the request. After hearing nothing further from the agency, the organizations filed an administrative appeal. After hearing nothing further, Clergy and Laity United for Economic Justice and the other immigration advocacy groups filed suit.
   Issues: Fees, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Megan Guzman v. United States Citizenship and Immigration Services (filed Feb 9, 2021)
   Megan Guzman, an immigration attorney, submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning her client’s A-File. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Guzman filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. Center for Gender & Refugee Studies v. U.S. Immigration and Customs Enforcement (filed Feb 11, 2021)
   The Center for Gender and Refugee Studies submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning individuals seeking asylum based on gender-based persecution in their own country. The Center also requested a fee waiver. The agency acknowledged receipt of the request. ICE invoked a ten-day extension. After hearing nothing further from the agency, the Center for Gender and Refugee Studies filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
4. UNITED COMMUNITIES, LLC v. DEPARTMENT OF DEFENSE (filed Feb 12, 2021)
   The law firm of Pillsbury Winthrop Shaw Putnam submitted three FOIA requests in 2017 on behalf of United Communities submitted to the Department of Defense for records concerning basic allowance for housing for military bases in New Jersey and Pennsylvania. The agency acknowledged receipt of the requests but withheld records under Exemption 4 (confidential business information). Pillsbury filed administrative appeals of all three responses. In November 2020, the law firm of Smith Currie & Hancock submitted a FOIA request on behalf of United Communities to the Department of Defense for records concerning basic allowance for housing. The agency acknowledged receipt of the request but after hearing nothing further from the agency pertaining to any of its requests, United Communities filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
5. Atchafalaya Basinkeeper, Inc. et al v. U.S. Army Corps of Engineers (filed Feb 12, 2021)
   Atchafalya Basinkeeper, Inc., the Louisiana Crawfish Producers Association -West, and Healthy Gulf submitted FOIA requests to U.S. Army Corps of Engineers for records concerning regarding the ongoing or proposed harmful projects in the Atchafalya Basin. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, the requesters filed an administrative appeal. After hearing nothing further from the agency, the Atchafalya Basinkeepers filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. MARTINEZ v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Feb 8, 2021)
   Journalist Freddy Martinez submitted FOIA requests to the Department of Homeland Security and U.S. Immigration and Customs Enforcement for records on Operation Palladium. The agencies acknowledged receipt of the requests but after hearing nothing further from either agency, Martinez filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. The Transparency Project v. U.S. DEPARTMENT OF JUSTICE et al (filed Feb 9, 2021)
   The Transparency Project submitted FOIA requests to the Department of Justice, the National Security Agency, the FBI, the CIA, and the Office of the Director of National Intelligence for records concerning surveillance of journalist Sharyl Attkisson, as well as surveillance practices during the Obama administration. The agencies acknowledged receipt of the requests but after hearing nothing further from any of the agencies, the Transparency Project filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees