Immigrant Legal Resource Center et al v. United States Department of Homeland Security et al, plus case descriptions

We have added 61 documents from 9 FOIA cases filed between November 28, 2021 and December 4, 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. Immigrant Legal Resource Center et al v. United States Department of Homeland Security et al (filed Nov 29, 2021)
   The Immigrant Legal Resource Center, the American Immigration Council and the Minute Support Committee submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the weekly enforcement and removal reports requested by the Pekoske and Johnson memos. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the ILRC, the AIC, and the MSC all filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Litigation – Vaughn index
2. Milagro Guatemala et al v. Executive Office for Immigration Review (filed Dec 2, 2021)
   Milagro Guatemala, Noe Corzo, Adriana Garcia, Luis Lopez Grijalva, and Carlos Curaca submitted FOIA requests to the Executive Office for Immigration Review for records concerning their immigration files. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, all five individuals filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. AMERICAN CIVIL LIBERTIES UNION et al v. FEDERAL BUREAU OF PRISONS et al (filed Nov 29, 2021)
   The ACLU submitted FOIA requests to the Bureau of Prisons for records concerning home confinement placements under the CARES Act. The ACLU also requested a fee waiver and expedited processing. The agency acknowledged receipt of the requests. The ACLU’s request for expedited processing for two requests was granted. After hearing nothing further from the agency, the ACLU filed suit.
   Issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Litigation – Attorney’s fees
4. WHEATLAND v. DEPARTMENT OF HEALTH & HUMAN SERVICES (filed Nov 29, 2021)
   Rand Wheatland submitted a FOIA request to the Department of Health and Human Services for records concerning transcripts, minutes, and recordings of the meetings of the NIH COVID-19 Guidelines Panel from 2020 and 2021. The agency acknowledged receipt of the request. The agency denied the request entirely. Wheatland filed an administrative appeal. After hearing nothing further from the agency, Wheatland filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. STATE OF GEORGIA et al v. US DEPARTMENT OF JUSTICE (filed Dec 1, 2021)
   The State of Georgia submitted a FOIA request to the Department of Justice for records concerning the agency’s decision to sue Georgia over the constitutionality of its recent changes to how elections are conducted in Georgia. Georgia also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Georgia filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
6. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. BUREAU OF LAND MANAGEMENT (filed Nov 30, 2021)
   Public Employees for Environmental Responsibility submitted a FOIA request t the Bureau of Land Management for records concerning the number of current commissioned law enforcement rangers and special agents. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. DOCUMENTED v. DEPARTMENT OF HOMELAND SECURITY (filed Dec 1, 2021)
   Documented, a non-profit news organization covering New York City’s immigrants, submitted a FOIA request to the Department of Homeland Security for records concerning all Secretary’s Decision Papers issued or published from January 2017 to the present. Documented also asked the agency to review specific type of software. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Documented filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. SIEGAL MCINTYRE v. US CUSTOMS AND BORDER PROTECTION (filed Dec 2, 2021)
   Erin Siegal McIntyre, a journalist and photographer and an assistant professor at the University of North Carolina School of Journalism, submitted six FOIA requests to U.S. Customs and Border Protection for records concerning hazing rituals and other specific topics. She also requested a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Siegal McIntyre filed suit.
   Issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation – Attorney’s fees
9. State of Florida v. United States Department of Homeland Security et al (filed Dec 3, 2021)
   The State of Florida submitted a FOIA request to the Department of Homeland Security for several records. Florida also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied Florida’s request for expedited processing and a fee waiver. After hearing nothing further from the agency, Florida filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees