American Civil Liberties Union of Northern California et al v. U.S. Immigration and Customs Enforcement et al

We have added 125 documents from 14 FOIA cases filed between April 11, 2021 and April 17, 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 Northern California et al v. U.S. Immigration and Customs Enforcement et al (filed Apr 13, 2021)
   The ACLU of Northern California, Muente Support Committee, Just Futures Law, and the Immigrant Defense Project submitted FOIA requests to the Department of Homeland Security, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection for records concerning the agency’s contract with Clearview AI to use its facial recognition software. The agencies acknowledged receipt of the requests. After hearing nothing from the agencies, the ACLU filed an administrative appeal of the request. After hearing nothing further from any of the agencies, the ACLU filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
2. CENTER FOR PUBLIC INTEGRITY v. U.S. DEPARTMENT OF LABOR (filed Apr 12, 2021)
   The Center for Public Integrity submitted a FOIA request to the Department of Labor for records concerning the database for concluded Wage and Hour Division compliance actions from 2005 to the present. The agency acknowledged receipt of the request. The agency responded to the request by disclosing the database with redactions. CPI filed an administrative appeal but after hearing nothing further from the agency, CPI filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Buckovetz et al v. The Department of the Navy (filed Apr 13, 2021)
   Dennis Buchovetz submitted FOIA requests to the Department of Navy for records concerning allegations that Major General James Bierman, the former commanding general at the Marine Corps Recruit Depot in San Diego, was improperly selling merchandise. The agency acknowledged receipt of his requests. The agency disclosed some records, including emails, in response to the first request, but Buchovetz claimed some emails were missing. He then filed a second FOIA, which the agency closed as duplicative. After hearing nothing further from the agency, Buchovetz filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE (filed Apr 13, 2021)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Justice for records concerning whether any investigation of Erik Prince, who was referred to the agency by Rep. Adam Schiff for possible investigation for lying to Congress in 2019, had been influenced by political motives. CREW also requested a fee waiver. The agency acknowledged receipt of the request but did not address CREW’s fee waive request. After hearing nothing further from the agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. CENTER FOR BIOLOGICAL DIVERSITY v. ENVIRONMENTAL PROTECTION AGENCY (filed Apr 13, 2021)
   The Center for Biological Diversity submitted a FOIA request to the EPA for records concerning Seresto. CBD also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, CBD filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. WP COMPANY LLC v. U.S. DEPARTMENT OF DEFENSE et al (filed Apr 13, 2021)
   The Washington Post Company submitted requests to the Department of Defense, the Air Force, Army, Navy, and the Department of State for records concerning applications from retired military for Foreign Government Employment. The agencies acknowledged receipt of the requests. The military services told the Post that they were referring the requests to other components that might have the records. The Post then filed an administrative appeal. After hearing nothing further from any of the agencies, the Post filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. DEMOCRACY FORWARD FOUNDATION v. U.S. CENSUS BUREAU (filed Apr 13, 2021)
   Democracy Forward Foundation submitted a FOIA request to U.S. Census Bureau of records concerning communications to agency officials containing specified keywords related to former President Donald Trump’s political policies towards the Census. DFF also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, DFF filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
8. AMERICAN CENTER FOR LAW AND JUSTICE v. UNITED STATES DEPARTMENT OF STATE (filed Apr 14, 2021)
   The American Center for Law and Justice submitted a FOIA request to the Department of State for records concerning the agency’s knowledge of alleged shadow diplomacy conducted by former Secretary of State John Kerry with Iran while he was not an official representative of the U.S. government. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ACLJ filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
9. LEOPOLD et al v. U.S. DEPARTMENT OF JUSTICE (filed Apr 14, 2021)
   BuzzFeed reporter Jason Leopold submitted a FOIA request to the Department of Justice for records concerning a report to former Attorney General William Barr from U.S. Attorney John Bash pertaining to whether former Obama administration officials had improperly requested the unmasking of identities of individuals in intelligence reports. The agency acknowledged receipt of the request. Leopold asked the agency for an estimated date of completion. The agency told Leopold it could provide such an estimate. Leopold then filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. National Public Radio, Inc. et al v. U.S. Air Force (filed Apr 14, 2021)
    Jess Jiang, a producer for National Public Radio in New York City, submitted two FOIA requests to the Department of the Air Force for records concerning a specific contract between the agency and Northrup Grumman. Jiang submitted a second request for further information about the same contract. Jiang requested a fee waiver for both requests. After hearing nothing further from the agency pertaining to either request, Jiang filed suit.
    Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
11. National Public Radio, Inc. et al v. U.S. Central Command et al (filed Apr 14, 2021)
    Jess Jiang, a producer for National Public Radio in New York City, submitted two FOIA requests to U.S. Central Command for records concerning the investigation of a friendly fire incident in Helmand Province, Afghanistan in 2011. Jiang also requested a fee waiver for both requests and expedited processing for the second request. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Jiang and NPR filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. CATO INSTITUTE v. FEDERAL BUREAU OF INVESTIGATION et al (filed Apr 15, 2021)
    The Cato Institute submitted FOIA requests to the FBI and the Department of Justice for records concerning all Type 1, Type 2 and Type 3 FBI Assessments (as defined in the Domestic Investigations and Operations Guide) opened since September 29, 2008. The agency acknowledged receipt of the request. The agency told the Cato Institute that the request was too broad to be searched and then closed the request. The Cato Institute filed an administrative appeal. The Cato Institute then submitted a second FOIA request with more specific search terms. The agency denied the Cato Institute’s appeal. The Cato Institute then filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
13. Safe Passage Project v. U.S. Customs and Border Protection et al (filed Apr 15, 2021)
    The Safe Passage Project submitted FOIA requests to U.S. Customs and Border Protection and U.S. Citizenship and Immigration Services for records concerning the complete current version of CBP Form 93. Safe Passage Project also requested expedited processing and a fee waiver. Both agencies acknowledged receipt of the requests and invoked a 10-day extension. After hearing nothing further from either agency, Safe Passage Project filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
14. LATIGO v. FEDERAL BUREAU OF INVESTIGATION (filed Apr 17, 2021)
    Heriberto Latigo submitted a FOIA request to the FBI for records concerning his conviction in the Southern District of Texas, which he was appealing to the Fifth Circuit. The agency told Latigo that responsive records were contained in an investigative file that was exempt from disclosure. Latigo filed an administrative appeal. The agency remanded the request for processing. The agency located 1,972 responsive pages and assessed Latigo $385 in fees. After agreeing to pay the fees, the agency then told Latigo that it would take 70 months to process his request. Latigo then filed suit.
    Issues: Adequacy – Search, Litigation – Attorney’s fees

In addition, we have added 1 document from 1 case, with an earlier filing date, that has recently appeared on PACER.

• MADEJ v. SECURITIES AND EXCHANGE COMMISSION (filed Apr 8, 2021)