CENTER FOR IMMIGRATION STUDIES v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT and 23 other new FOIA lawsuits

We have added 201 documents from 24 FOIA cases filed between October 30, 2022 and November 5, 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. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Nov 2, 2022)
   The Center for Immigration Studies submitted six FOIA requests to U.S. Immigration and Customs Enforcement for records, including those sent or received by the Enforcement and Removal Operations concerning the agency’s FY 21Enforcement and Removal Operations report. The agency acknowledged receipt of the requests but after hearing nothing further from the agency pertaining to any of the requests, CIS filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
2. Pro Publica, Inc. et al v. National Highway Traffic Safety Administration (filed Oct 31, 2022)
   Pro Publica reporter A.C. Thompson submitted a FOIA request to the National Highway Safety Administration for records concerning its decision regarding underride collisions, including its decision not to implement the 1981 and 1992 rules. The agency acknowledged receipt of the request. Thompson indicated he was willing to pay up to $250 for the records. However, after hearing nothing further from the agency, Thompson and Pro Publica filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Protect Our Defenders et al v. United States Department of Defense et al (filed Nov 3, 2022)
   Protect Our Defenders and Connecticut Veterans Legal Center submitted FOIA requests to the Department of Defense and the Department of Justice for records concerning memoranda of understanding from the past 15 years between military prosecutors and local or federal officials which indicated a delineation of responsibility for prosecution of servicemembers. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, POD filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
4. AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Oct 31, 2022)
   American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning the Off-Range Pasture holding facilities for wild horses. The agency acknowledged receipt of the request 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
5. GONZALEZ v. UNITED STATES CUSTOMS AND BORDER PROTECTION et al (filed Nov 2, 2022)
   Gonzalo Vizcaino Gonzalez submitted a FOIA request to U.S. Customs and Border Protection for records concerning his Global Entry applications. Gonzalez submitted a second FOIA request to the State Department for records concerning his visa applications. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Gonzalez filed suit.
   Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit
6. AMERICAN WILD HORSE CAMPAIGN v. BUREAU OF LAND MANAGEMENT (filed Nov 3, 2022)
   The American Wild Horse Campaign submitted a FOIA request to the Bureau of Land Management for records concerning bill of ladings for the agency’s transportation of wild horses and burros. AWHC also requested a fee waiver. The agency acknowledged receipt of the request and granted AWHC’s request for a fee waiver. After hearing nothing further from the agency, AWHC filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
7. GUN OWNERS OF AMERICA, INC. et al v. FEDERAL BUREAU OF INVESTIGATION (filed Nov 3, 2022)
   Gun Owners of America submitted a FOIA request to the FBI for records concerning video recordings taken by the FBI during the Kenosha riots, the 2020 Virginia Citizens Defense League Lobby Day, and the riots at the U.S. Capitol Building on Jan. 6, 2021. The agency acknowledged receipt of the request and withheld some records under Exemption 7(A) (interference with ongoing investigation or proceeding). GOA filed an administrative appeal. The appeal was granted and the request was remanded for a search. The agency then told GOA that it could furnish 72 CDs at $15.00 apiece. GOA appealed the denial of its fee waiver request. After hearing nothing further from the agency GOA filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, attorney’s fees, Litigation – Vaughn index
8. PROJECT ON GOVERNMENT OVERSIGHT, INC. v. U.S. OFFICE OF SPECIAL COUNSEL (filed Nov 4, 2022)
   The Project on Government Oversight submitted a FOIA request to U.S. Office of Special Counsel for records concerning the closing of Hatch Act investigations during the Trump administration, including a number of people who worked at the White House. POGO also requested a fee waiver. The agency acknowledged receipt of the request. The agency disclosed 17 pages in full and 21 pages in part, citing Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7 (D) (confidential sources). POGO filed an administrative appeal of the denial. OSC told POGO that it had re-reviewed redactions on 19 pages and concluded they were appropriate. POGO then filed suit.
   Issues: Litigation – Attorney’s fees
9. AMERICA FIRST LEGAL FOUNDATION v. U.S. DEPARTMENT OF STATE (filed Nov 4, 2022)
   America First Legal Foundation submitted a FOIA request to the Department of State for records relating to its Global Engagement Center, records relating to the Ukraine conflict, and communications between certain State Department employees and specific private entities. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AFL filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
10. STONEHILL v. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (filed Nov 4, 2022)
    Pauline Dale Stonehill submitted two FOIA request to the National Archives and Records Administration for records concerning 86 boxes related to the estate of Harry Stonehill. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Stonehill filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
11. GIBBONS v. DEPARTMENT OF JUSTICE (filed Nov 4, 2022)
    Charles Gibbons submitted a FOIA request to the Department of Justice for records concerning the 1999 Ministerial Meeting of the World Trade Organization in Seattle, Washington, Meetings of the World Bank and International Monetary Fund in Washington, DC, and the April 2001 Summit of the Americas in Quebec, Canada. The agency acknowledged receipt of the requests and told Gibbons that it had 3,298 potentially responsive records. The agency also denied Gibbons’ request for a fee waiver. After hearing nothing further from the agency, Gibbons filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
12. GILBERT v. TRI-COUNTY MENTAL HEALTH SERVICES (filed Oct 31, 2022)
    Dustin Gilbert filed suit against the Tri-County Mental Health Services. This is not a FOIA case.
    Issues: FOIA not mentioned
13. Phillips v. United States Bureau of the Census (filed Oct 31, 2022)
    Justin Phillips, chair of the political science department at Columbia University, submitted a FOIA request to U.S. Board of Census for records concerning the noisy data files for the 2020 Census and the demonstration data from the 2010 Census. Phillips also requested expedited processing. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Phillips filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
14. The New York Times Company et al v. United States Department of Defense et al (filed Nov 4, 2022)
    New York Times reporter Matthieu Aikins submitted nine FOIA requests to the Department of Defense and the Department of State for records concerning alleged war crimes committed by members of the U.S. special operations forces between 2012 and 2013. The agencies acknowledged receipt of the requests but after hearing nothing further from either agency pertaining to any of his requests, Aikins filed suit.
    Issues: Litigation – Attorney’s fees, Failure to respond within statutory time limit, Adequacy – Search
15. The New York Times Company et al v. United States Department of Defense (filed Nov 4, 2022)
    New York Times reporter Azmat Khan submitted three FOIA requests to the Department of Defense for records concerning credibility reports pertaining to 37 civilian causality reports identified in AFRICOM’s Causality Assessment Quarterly Reports. The agency acknowledged receipt of the request but 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 – Eligibility
16. Informed Consent Action Network v. Centers for Disease Control and Prevention et al (filed Nov 2, 2022)
    The Informed Consent Action Network submitted two FOIA requests to the Centers for Disease Control for record concerning drug product lot numbers for the Moderna COVID-19 vaccine. The agency acknowledged receipt of the requests. The agency disclosed some records but withheld others under Exemption 4 (commercial and confidential). ICAN filed an administrative appeal of the denial. After hearing nothing further from the agency, ICAN filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Exemption 4 – Confidential business information, Litigation – Vaughn index, Litigation – Attorney’s fees
17. Informed Consent Action Network v. National Institutes of Health (filed Nov 4, 2022)
    The Informed Consent Action Network submitted a FOIA request to the National Institute of Health for records concerning communications sent to Francis Collins that also sent to Peter Marks. The agency acknowledged receipt of the request. The agency told ICAN that the records were so voluminous it would take 14 months to respond. After hearing nothing further from the agency, ICAN filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
18. America First Legal Foundation v. Cybersecurity and Infrastructure Security Agency (filed Nov 4, 2022)
    America First Legal Foundation submitted a FOIA request to the Cybersecurity and Infrastructure Agency for records concerning how its mis- or dis-information team causes content to be removed from social media. AFL also requested a fee waiver. The agency acknowledged receipt of the request and granted AFL’s request for a fee waiver. The parties also agreed to narrow the scope of the request. However, after hearing nothing further from the agency, AFL filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
19. Rudisill v. U.S. Department of Veterans Affairs (filed Nov 2, 2022)
    James Rudisill submitted FOIA requests to the Department of Veterans Affairs for records concerning his educational benefits claim file. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Rudisill filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
20. Pro Publica, Inc. et al v. National Highway Traffic Safety Administration (filed Oct 31, 2022)
    Pro Publica reporter A.C. Thompson submitted a FOIA request to the National Highway Safety Administration for records concerning its decision regarding underride collisions, including its decision not to implement the 1981 and 1992 rules. The agency acknowledged receipt of the request. Thompson indicated he was willing to pay up to $250 for the records. However, after hearing nothing further from the agency, Thompson and Pro Publica filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
21. CENTER TO ADVANCE SECURITY IN AMERICA v. U.S. DEPARTMENT OF HOMELAND SECURITY et al (filed Oct 31, 2022)
    The Center to Advance Security in America submitted five FOIA requests to the Department of Homeland Security for records concerning the Disinformation Governance Board. CASA also asked for a fee waiver. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, CASA filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
22. ENERGY POLICY ADVOCATES v. SECURITIES AND EXCHANGE COMMISSION (filed Oct 31, 2022)
    Energy Policy Advocates submitted a FOIA request to the Securities and Exchanges Commission for records concerning the agency’s consultation with the White House in regard to four FOIA requests. The agency acknowledged receipt of the request but after hearing nothing further from the agency, EPA filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
23. FUNCTIONAL GOVERNMENT INITIATIVE v. COUNCIL ON ENVIRONMENTAL QUALITY (filed Nov 1, 2022)
    Functional Government Initiative submitted a FOIA request to the Council on Environmental Quality for records concerning the implementation of E.O. 13990 on restoring science to climate change policy. The agency acknowledged receipt of the request. The agency indicated it had completed its search, but after hearing nothing further from the agency, FGI filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
24. Piacentini et al v. United States of America, Department of Treasury, Internal Revenue Service (filed Nov 3, 2022)
    Phillipe and Susan Piacentini submitted a FOIA request to the IRS for records concerning the agency’s examination audit of their off-shore accounts. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Piaccentinis filed suit.
    Issues: Failure to respond within statutory time limit