IMMIGRATION REFORM LAW INSTITUTE v. IMMIGRATION AND CUSTOMS ENFORCEMENT and 10 other new FOIA lawsuits

We have added 98 documents from 11 FOIA cases filed between April 14, 2024 and April 20, 2024. 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. IMMIGRATION REFORM LAW INSTITUTE v. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Apr 18, 2024)
   Immigration Reform Law Institute submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning policies, rules, and procedures for publication of names within Immigration and Customs Enforcement news releases and statements. The agency acknowledged receipt of the request but after hearing nothing further from the agency, IRLI filed suit.
   Issues: Litigation – Attorney’s fees, Adequacy – Search, Failure to respond within statutory time limit, Fee Category – Media or Educational, Litigation – Vaughn index
2. Immigrant Legal Defense v. United States Immigration and Customs Enforcement et al (filed Apr 15, 2024)
   Immigration Legal Defense submitted FOIA requests to U.S. Immigration and Customs Enforcement and the Executive Office for Immigration Reform. ILD asked ICE for records about the treatment of its client, Jose Mauricio Henriquez during his four-year detention at Mesa Verde in Bakersfield, CA. The agency acknowledged receipt of the request. ILD asked EOIR for records concerning his removal proceedings. The agency acknowledged receipt of the request. After hearing nothing further from the agency, ILD filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
3. TOBIAS v. NATIONAL INSTITUTES OF HEALTH et al (filed Apr 15, 2024)
   Journalist Jimmy Tobias submitted seven FOIA requests to the National Institutes of Health. All seven requests related to emails from Anthony Fauci and others at NIH related to a variety of topics. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Tobias filed suit.
   Issues: Failure to respond within statutory time limit, Litigation – Attorney’s fees, Adequacy – Search
4. AMERICA FIRST LEGAL FOUNDATION v. INTERNAL REVENUE SERVICE et al (filed Apr 15, 2024)
   America First Legal Foundation submitted FOIA requests to the Department of Treasury and the IRS for records concerning communications relating to race, color, and ethnicity as factors relevant to tax audit policy. AFL also requested a fee waiver. The agencies receipt of the requests. After hearing nothing further from either agency, AFL 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 STATE (filed Apr 15, 2024)
   Protect the Public’s Trust submitted a FOIA request to the Department of State for records concerning communications between Antony Blinken and a list of named individuals from May 2023 to when the request was processed. 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
6. HOLLAND LAW FIRM v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al (filed Apr 16, 2024)
   The Holland Law Firm submitted a FOIA request to the Centers for Medicare and Medicaid Services for records related to global settlement of mass torts claims, including the resources available at the Benefits Coordination & Recovery Center, to process mass torts claims. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Holland Law Firm filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
7. FUNCTIONAL GOVERNMENT INITIATIVE v. U.S. DEPARTMENT OF INTERIOR (filed Apr 17, 2024)
   Functional Government Initiative submitted three FOIA requests to the Department of Interior. for records. The first request asked for records used in preparation for a May 2 hearing in which the Department approved 20 mines or mining modification applications since January 2021. The second FOIA request asked for records from the Bureau of Land Management used in the approvals mentioned in the first request. The third request asked for records related to job creation related to orphan gas wells or abandoned mines. The agency acknowledged receipt of each request but after hearing nothing further from the agency FGI filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees
8. ZANDIFAR v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (filed Apr 18, 2024)
   Ehsan Zandifar, an internal medicine resident physician currently working in Brooklyn, NY, submitted a FOIA request to the Department of Health and Human Services for records concerning his research work at the University of Washington as well as other records about his research and work. The agency acknowledged receipt of the request and asked for proof of identification which he provided. After hearing nothing further from the agency, Zandifar filed suit.
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
9. WHITE v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (filed Apr 19, 2024)
   Kenneth White, an immigration attorney, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the International Visa Security Program. The agency acknowledged receipt of the request. After hearing nothing further from the agency, White filed suit,
   Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Attorney’s fees
10. INFORMED CONSENT ACTION NETWORK v. CENTERS FOR DISEASE CONTROL AND PREVENTION et al (filed Apr 19, 2024)
    Informed Consent Action Network submitted a FOIA request to the Centers for Disease Control for records concerning emails sent or received by Amanda Cohn including the term “@pfizer,com.” The agency acknowledged receipt of the request. The agency administratively closed the request. ICAN filed an administrative which was granted but after hearing nothing further from the agency, ICAN filed suit.
    Issues: Failure to respond within statutory time limit, Litigation – Vaughn index, Fee Category – Media or Educational, Public Interest Fee Waiver, Litigation – Attorney’s fees
11. DELAWARE RIVERKEEPER NETWORK et al v. Sams et al (filed Apr 15, 2024)
    Delaware Riverkeepers Network submitted three FOIA requests to the National Park Service for records concerning a proposal by Northgate Resorts to an existing campground in Highland, NY, located on the Upper Delaware River. The agency acknowledged receipt of the request but after DRN heard nothing further from the agency, it filed suit.
    Issues: Failure to respond within statutory time limit, Adequacy – Search, Litigation – Vaughn index, Litigation – Attorney’s fees