INTERNATIONAL REFUGEE ASSISTANCE PROJECT v. U.S. CUSTOMS & BORDER PROTECTION and 12 other new FOIA lawsuits

We have added 73 documents from 11 FOIA cases filed between January 29, 2023 and February 4, 2023. 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. INTERNATIONAL REFUGEE ASSISTANCE PROJECT v. U.S. CUSTOMS & BORDER PROTECTION (filed Feb 2, 2023)
   International Refugee Assistance Project submitted a FOIA request to U.S. Customs and Boarder Protection for records concerning the Biden administration’s decision to re-institute the Remain in Mexico program. IRAP also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request and told IRAQ that its request for expedited processing was denied and its request for a fee waiver was not applicable. After hearing nothing further from the agency, IRAP filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Litigation – Vaughn index
2. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. DEPARTMENT OF JUSTICE (filed Jan 30, 2023)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request to the Department of Justice’s Civil Rights Division for records concerning DOJ’s efforts to monitor state elections. CREW also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
3. Nomlaki Technologies, LLC v. United States Air Force (filed Feb 1, 2023)
   Nomlaki Technologies submitted two FOIA requests to the Department of Air Force for records concerning construction services provided by the company under a contract at Beale Air Force Base. The agency acknowledged receipt of the requests and disclosed redacted documents, although Nomlaki already had unredacted copies of some of them. Because the agency did not provide an explanation of its response, Nomlaki Technologies felt it had no base on which to craft an administrative appeal. Instead, Nomlaki Technologies filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
4. SANCTIONS, INC. v. U.S. DEPARTMENT OF THE TREASURY (filed Feb 1, 2023)
   Sanctions, Inc. submitted a FOIA request to the Department of Treasury for records concerning 298 specifically identified interpretive guidance letters issued by the Office of Foreign Assets Control. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Sanctions, Inc. filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
5. WESTERN WATERSHEDS PROJECT v. DEPARTMENT OF INTERIOR et al (filed Feb 1, 2023)
   The Western Watersheds Project submitted FOIA requests to the Department of Interior for records concerning, among other things, Bureau of Land Management internal or restricted instructional manuals. The agency acknowledged receipt of the requests. After the agency failed to respond on time to its requests, WWP filed administrative appeals and many requests were remanded for processing. After hearing nothing more substantive about its requests, WWP filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
6. CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON v. U.S. CUSTOMS AND BORDER PROTECTION (filed Feb 1, 2023)
   Citizens for Responsibility and Ethics in Washington submitted a FOIA request for records concerning communications sent or received by Brandon Judd, a CPB agent and president of the National Border Patrol Council Union concerning his belief in the great replacement theory. CREW also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, CREW filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees
7. Libit v. United States Military Academy et al (filed Feb 1, 2023)
   Daniel Libit, a sports journalist, submitted a FOIA request to the U.S. Military Academy for records concerning the NCAA Financial Services Report for West Point. The agency acknowledged receipt of the request. The agency denied the request telling Libit that the West Point Athletic Association was not an agency under FOIA. Libit filed an administrative appeal. WPAA responded the next day, contending again that it was not subject to FOIA. Libit then filed suit.
   Issues: Failure to respond within statutory time limit, Agency – Federal, Adequacy – Search, Litigation – Attorney’s fees
8. Harp v. United States Army Special Operations Command (filed Feb 1, 2023)
   Seth Harp, an investigative reporter, submitted a FOIA request to U.S. Army Special Operations Command for records concerning the written record of the court martial of Sgt David Rankine. The agency acknowledged receipt of the request but considerable back and forth without success, Harp filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Litigation – Attorney’s fees
9. NATIONAL STUDENT LEGAL DEFENSE NETWORK v. UNITED STATES DEPARTMENT OF EDUCATION (filed Feb 2, 2023)
   The National Student Legal Defense Network submitted a FOIA request for records concerning the number of students attending the Saba University School of Medicine who sat for USMILE tests between 2015 and the present. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NSLDN filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. JUDICIAL WATCH, INC. v. U.S. DEPARTMENT OF AGRICULTURE (filed Feb 3, 2023)
    Judicial Watch submitted five FOIA requests to the Department of Agriculture for records concerning firefighting readiness. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Judicial Watch filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
11. American Civil Liberties Union et al v. National Security Agency et al (filed Feb 3, 2023)
    The ACLU submitted FOIA requests to the National Security Agency, Office of the Director of National Intelligence, the CIA, and the Department of Justice for records concerning FISA of FISCR opinions or orders dated on or after January 1, 2021 address novel or significant issues, including but not limited to novel or significant issues concerning Section 702 surveillance. The ACLU also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, the ACLU filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees

In addition, we have added 2 documents from 2 cases, with earlier filing dates, that have recently appeared on PACER.

• LEE v. U.S. FEDERAL GOVERMENT et al (filed Jan 23, 2023)
• GEDDIS v. DEPARTMENT OF HOMELAND SECURITY (filed Jan 23, 2023)