American Civil Liberties Union Foundation et al v. United States Immigration and Customs Enforcement

We have added 138 documents from 23 FOIA cases filed between February 20, 2022 and February 26, 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. American Civil Liberties Union Foundation et al v. United States Immigration and Customs Enforcement (filed Feb 24, 2022)
   The ACLU and the ACLU of Southern California submitted FOIA requests to U.S. Immigration and Customs Enforcement for records concerning implementation of its Intensive Supervision Appearance Program, the largest alternative to detention. The ACLU also asked for expedited processing and a fee waiver. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, the ACLU filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Public Interest Fee Waiver
2. Habeas Corpus Resource Center v. Federal Bureau of Investigation et al (filed Feb 22, 2022)
   The Habeas Corpus Resource Center submitted FOIA requests to the FBI. The HCRC asked the FBI for records concerning the publication of Sexual Homicide: Patterns and Motives and preliminary drafts of the Crime Classification Manual. The FBI acknowledged receipt of the request and split the request into two separate requests. The FBI told HCRC that it found no records for the Sexual Homicide request. HCRC appealed that decision to the Office of Information Policy, which told the FBI to conduct another search. The FBI found seven pages that were released with heavy redactions under Exemption 7(C) (invasion of privacy concerning law enforcement records). The FBI denied the request concerning the Crime Classification Manual because it claimed it would require it to create records. HCRC appealed that decision to OIP, which resulted in the FBI conducting a search that located 1,132 pages. The FBI eventually withheld 777 pages under Exemption 6 (invasion of privacy) and Exemption 7(C). HCRC then submitted a second FOIA request for records hair and fiber unit materials. Those requests were still awaiting processing when HCRC filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
3. McMeans et al v. Navient Solutions, LLC et al (filed Feb 24, 2022)
   Flora and Jason McMeans requested records from Navient Solutions concerning the credit card. After Navient Solutions did not respond, the McMeans filed suit. This is not a FOIA claim.
   Issues: FOIA not mentioned
4. LEOPOLD et al v. CENTRAL INTELLIGENCE AGENCY (filed Feb 21, 2022)
   BuzzFeed reporter Jason Leopold submitted a FOIA request to the CIA for records concerning the concluding document for investigations closed in calendar year 2020 and 2021 by the Office of the Inspector General. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Leopold filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
5. WILKEY v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (filed Feb 22, 2022)
   Tony Paul Wilkey submitted a FOIA request for records concerning his Alien- only file. The agency acknowledged receipt of the request. The agency located 467 pages but 377 pages in full and 79 pages in part, withholding 11 pages entirely under Exemption 3 (other statutes) and Exemption 7(E) (investigative methods or techniques). However, the disclosed records did not include his citizenship renunciation interview which had been referenced in his November 2021 Adjustment of Status interview. Wilkey filed an administrative appeal. The agency subsequently disclosed another 63 pages in full and three pages in part. Wilkey then filed suit.
   Issues: Litigation – Attorney’s fees
6. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF HOMELAND SECURITY (filed Feb 22, 2022)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Homeland Security for records concerning the creation of the agency’s Center for Prevention Programs and Partnerships. CREW also requested a fee waiver and asked for inclusion in the media fee category as well. The agency acknowledged receipt of the request. After hearing nothing further from the agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY v. UNITED STATES DEPARTMENT OF THE INTERIOR (filed Feb 22, 2022)
   Public Employees for Environmental Responsibility submitted a FOIA request for records concerning the inclusion of artificial or synthetic turf within the America the Beautiful initiative. PEER also requested a fee waiver. The agency acknowledged receipt of the request and granted PEER’s request for a fee waiver. The agency indicated that it had assigned the request for processing, but after hearing nothing further from the agency, PEER filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
8. LEOPOLD et al v. OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE (filed Feb 22, 2022)
   BuzzFeed reporter Jason Leopold submitted a FOIA request to the Office of the Director of National Intelligence for records concerning closing documents for OIG investigations in 2020-2021. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Leopold filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
9. SPARACINO PLLC v. DEFENSE HEALTH AGENCY (filed Feb 22, 2022)
   The law firm of Sparacino, PLLC submitted a FOIA request to the Defense Health Agency for records concerning the treatment of personnel who were involved in specified attacks in Iraq. After hearing nothing further from the agency, Sparacino filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. SPARACINO PLLC v. UNITED STATES ARMY CENTRAL (filed Feb 22, 2022)
    The law firm of Sparacino, PLLC submitted a FOIA request to U.S. Army Central for records concerning the injury or deaths of 298 specified servicemembers or contractors in Iraq. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Sparacino filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
11. GANNETT SATELLITE INFORMATION NETWORK, LLC v. U.S. DEPARTMENT OF JUSTICE (filed Feb 23, 2022)
    Gannett Satellite Information Network, d/b/a USA Today, submitted a FOIA request to the Department of Justice for records concerning submissions to the Bureau of Justice Statistics under the Mortality in Correctional Institutions program. The agency acknowledged receipt of the request. The agency then denied the request entirely under Exemption 3 (other statutes). USA Today filed an administrative appeal to the Office of Information Policy. OIP denied the appeal. USA Today then filed suit.
    Issues: Litigation – Attorney’s fees
12. JONES v. U.S. DEPARTMENT OF JUSTICE (filed Feb 22, 2022)
    Clyde Jones submitted a FOIA request to the Executive Office of U.S. Attorneys for records concerning himself. The agency acknowledged receipt of the request but told Jones it found no responsive records. Jones filed an administrative appeal. After hearing nothing further from the agency, Jones filed suit.
    Issues: Failure to respond within statutory time limit
13. PROTECT THE PUBLIC'S TRUST v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Feb 24, 2022)
    Protect the Public’s Trust submitted a FOIA request to the Department of Health and Human Services for records concerning waivers or guidance issues to political appointees exempting them from the Biden administration’s ethics policies. The agency acknowledged receipt of the request but after hearing nothing further from the agency, PPT filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. 45COMMITTEE, INC. v. FEDERAL ELECTION COMMISSION (filed Feb 25, 2022)
    45Committee submitted a FOIA request to the Federal Election Commission for records concerning the complaint filed against 45Committee before the Commission. The agency acknowledged receipt of the request. The agency disclosed responsive records but withheld some records under Exemption 5 (privileges). 45Committee filed an administrative appeal of the agency’s denial. The agency acknowledged receipt of the appeal, but after hearing nothing further from the agency, 45Committee filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
15. Harvard Immigration and Refugee Clinical Program v. United States Customs and Border Protection (filed Feb 23, 2022)
    The Harvard Immigration and Refugee Clinical Program submitted a FOIA request to U.S. Customs and Border Protection for records concerning the expedited removal or withdrawal of admission of persons presenting F-1 Visas at all ports of entry. The Clinic also requested a fee waiver. The agency acknowledged receipt of the request. The agency told the Clinic that it would provide all responsive records. However, the Clinic found many records missing and filed an administrative appeal. The agency granted the Clinic’s appeal and ordered a further search for responsive records. However, after hearing nothing further from the agency, the Clinic filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Public Interest Fee Waiver, Litigation – Attorney’s fees
16. Sosa v. Department of Homeland Security et al (filed Feb 22, 2022)
    Ingrid Sosa submitted a FOIA request to the Department of Homeland Security for records concerning federal immigration enforcement actions taken against her. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Sosa filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
17. Linares Alvarez v. Immigration & Customs Enforcement et al (filed Feb 21, 2022)
    Guillermo Linares Alvarez submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the charges brought against him. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Linares Alvarez filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
18. The New York Times Company et al v. United States Department of Justice (filed Feb 24, 2022)
    New York Times reporter Mark Mazzetti submitted a FOIA request to the Department of Justice for records concerning contracts or memoranda of understanding between the FBI and the NSO Group. The Times also requested expedited processing. The agency acknowledged receipt of the request and denied the Times’ request for expedited processing. After hearing nothing further from the agency, the New York Times filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
19. Knight First Amendment Institute at Columbia University v. Central Intelligence Agency et al (filed Feb 24, 2022)
    The Knight First Amendment Institute submitted FOIA requests to the CIA, the Department of the Army, the Department of Justice, the National Security Agency, and the Office of the Director of National Intelligence and the Secret Service for records concerning spyware provided developed or provided by NSO Group. The Knight First Amendment Institute also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the request but after hearing nothing further from the agencies, the Knight First Amendment Institute filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
20. Harp v. Customs and Border Protection (CBP) (filed Feb 25, 2022)
    Seth Harp, an investigative journalist who travels internationally for work, submitted a FOIA request to U.S. Customs and Border Protection for records concerning why he was chosen for extra screening when returning from Mexico to Austin. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Harp filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
21. Refugee and Immigrant Center for Education and Legal Services v. Immigration & Customs Enforcement (filed Feb 24, 2022)
    The Refugee and Immigration Center for Educational and Legal Studies submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the death of Orlan Carcamo while in ICE custody. RAICES also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, RAICES filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Expedited processing, Public Interest Fee Waiver, Litigation – Attorney’s fees
22. Empower Oversight Whistleblowers & Research v. U.S. Department of Justice (filed Feb 22, 2022)
    Empower Oversight Whistleblowers & Research submitted two FOIA requests to the Department of Justice for records concerning whether the Attorney General Merrick Garland may have interfered with U.S. Attorney John Durham’s investigation by failing to provide adequate funding. The agency acknowledged receipt of the request but after hearing nothing further from the agency, EOWR filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
23. Jewell v. United States Department of Education (filed Feb 22, 2022)
    Joanne Jewell submitted nine FOIA requests to the Department of Education for records concerning the Office of Civil Rights’ dismissal under Case Manual Processing Section 108 (i). The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Jewell filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees

In addition, we have added 11 documents from 3 cases, with earlier filing dates, that have recently appeared on PACER.

1. BRANFORD v. UNITED STATES DEPARTMENT OF JUSTICE et al (filed Feb 18, 2022)
2. Landingham v. Department of Justice (filed Feb 18, 2022)
3. Koffa v. United States Citizenship and Immigration Services et al (filed Feb 16, 2022)