CENTER FOR IMMIGRATION STUDIES v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES and 12 other new FOIA lawsuits

We have added 84 documents from 13 FOIA cases filed between January 16, 2022 and January 22, 2022. 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. CENTER FOR IMMIGRATION STUDIES v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES (filed Jan 18, 2022)
   The Center for Immigration Studies submitted a FOIA request to U.S. Citizenship and Immigration Services for records sent or received electronically by Felicia Escobar Carrillo from January 20, 2021 to the present. The agency acknowledged receipt of the request. CIS also submitted a second FOIA request for records sent or received electronically by A. Ashley Tabaddor from January 20, 2021 to the present. The agency acknowledged of the second request. After hearing nothing further from the agency, CIS filed suit.
   Issues: Litigation – Vaughn index, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Attorney’s fees
2. Electronic Frontier Foundation v. United States Department of State (filed Jan 20, 2022)
   The Electronic Frontier Foundation submitted a FOIA request to the Department of State for records concerning the agency’s role in removing social media accounts and events featuring Palestinian activist Leila Khaled. EFF also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, EFF filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Expedited processing, Public Interest Fee Waiver, Litigation – Attorney’s fees
3. Aguirre v. United States Nuclear Regulatory Commission et al (filed Jan 20, 2022)
   Michael Aguirre submitted a FOIA request to the Nuclear Regulatory Commission for records concerning communications between the agency and the site operator shortly after an incident that happened at the San Onofre nuclear waste site August 3, 2018. The agency acknowledged receipt of the request. The agency told Aguirre that it had no additional records that had not been previously disclosed. Aguirre filed an administrative appeal, and the agency located an additional 13 pages, which were disclosed with redactions. Aguirre filed a second administrative appeal challenging the redactions. The agency denied that appeal. Aguirre then filed suit.
   Issues: Adequacy – Search, Litigation – Attorney’s fees
4. DEMOCRACY FORWARD FOUNDATION v. UNITED STATES DEPARTMENT OF JUSTICE (filed Jan 19, 2022)
   Democracy Forward Foundation submitted a FOIA request to the Department of Justice for records concerning communications pertaining to a January 13, 2021 statement issued by the President’s Council on Science and Technology regrading the use of forensic science in criminal courts. DFF also requested a fee waiver. The agency acknowledged receipt of the request. The agency indicated it was processing the request but 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
5. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF EDUCATION (filed Jan 20, 2022)
   Protect the Public’s Trust submitted a FOIA request to the Department of Education for records concerning communications with the National School Boards Association. PPT also requested a fee waiver, the agency acknowledged receipt of the request and granted PPT’s request for a fee waiver. After hearing nothing further from the agency, PPT filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
6. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Jan 20, 2022)
   Protect the Public’s Trust submitted a FOIA request to the Department of Homeland Security for records concerning communications with the National School Boards Association. The agency acknowledged receipt of the request and indicated it was processing the request. After hearing nothing further from the agency, PPT filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
7. AMERICAN WILD HORSE CAMPAIGN v. UNITED STATES FOREST SERVICE (filed Jan 20, 2022)
   The American Wild Horse Campaign submitted a FOIA request to U.S. Forest Service for records concerning expenditures for the roundup, holding, and transportation of wild horses removed from the Devil’s Garden Wild Horse Territory. The agency acknowledged receipt of the request. The agency disclosed records, withholding some and redacting others. AWHC filed an administrative appeal. The agency acknowledged receipt of the appeal but after hearing nothing further from the agency, AWHC filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
8. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE (filed Jan 21, 2022)
   Citizens for Responsibility and Ethics in Washington submitted FOIA requests to the Bureau of Alcohol, Tobacco and Firearms, the DEA, the FBI, and U.S. Marshals Service for records concerning policies for the use of body-worn cameras. CREW also sought a fee waiver. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
9. PROJECT SOUTH: THE INSTITUTION FOR THE ELIMINATION OF POVERTY AND GENOCIDE, INC. v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Jan 21, 2022)
   Project South submitted FOIA requests to the Department of Homeland Security and the Department of Justice for records concerning the surveillance or monitoring of social media accounts belonging to Project South’s founders and members. The agencies acknowledged receipt of the requests. DHS issued a Glomar response neither confirming nor denying the existence of records. The FBI told Project South that it could find no records by using a keyword search. Project South filed administrative appeals of the decisions by both agencies. The FBI upheld its no records decision. Project South then filed suit against both agencies.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
10. The James Madison Project et al v. Department of Defense (filed Jan 20, 2022)
    The James Madison Project and journalist Brian Karem submitted a FOIA request to the National security Agency for records concerning the Beck Memo, which was written in response to allegations by NSA employee Michael Beck that he had been exposed to the Havana syndrome. JMP and Karem also requested expedited processing. The agency acknowledged receipt of the request and denied the request for expedited processing. After hearing nothing further from the agency, JMP and Karem filed suit.
    Issues: Failure to respond within statutory time limit, Expedited processing
11. Hallquist v. Johnson (filed Jan 21, 2022)
    Senator Ron Johnson (R-WI) asked the district court to remove a case brought in State Court by Thomas Hallquist alleging that Johnson had failed to respond to three open-records requests. This is not a FOIA case.
    Issues: FOIA not mentioned
12. Elliott v. U.S. Dept. of Agriculture (filed Jan 19, 2022)
    Damon Elliott submitted a FOIA request to the Department of Agriculture for records concerning whether Pamela Ann Cochran was an employee of the Department of Agriculture in 1997 at its Beltsville location. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Elliott filed suit.
    Issues: Failure to respond within statutory time limit
13. CONNELL v. UNITED STATES CENTRAL INTELLIGENCE AGENCY (filed Jan 20, 2022)
    James Connell, a defense attorney representing detainees held at Guantanamo Bay, submitted nine FOIA requests to the CIA for records concerning records pertaining to his clients. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Connell filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees