University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name American Immigration Council v. Department of Homeland Security IM-CT-0008
Docket / Court 3:12-cv-00355 ( D. Conn. )
State/Territory Connecticut
Case Type(s) Immigration
Attorney Organization Jerome N. Frank Legal Services Organization (Yale)
Case Summary
On March 8, 2012, two non-profit organizations dedicated to immigration law and history filed a lawsuit under FOIA against the U.S. Department of Homeland Security (DHS) in the U.S. District Court, District of Connecticut. The plaintiff, represented by public interest attorneys, sought declaratory ... read more >
On March 8, 2012, two non-profit organizations dedicated to immigration law and history filed a lawsuit under FOIA against the U.S. Department of Homeland Security (DHS) in the U.S. District Court, District of Connecticut. The plaintiff, represented by public interest attorneys, sought declaratory and injunctive relief, claiming that DHS wrongfully failed to provide records

to the public. Specifically, the plaintiffs claimed that DHS failed to disclose and release records that the plaintiffs requested and were wrongfully denied their public interest fee waiver request.

Plaintiffs requested records and information about the Criminal Alien Program ("CAP") which is a program of United States Immigration and Customs Enforcement under the U.S. Department of Homeland Security. Plaintiffs allege that CAP is an enforcement program with very little public information available about its policies and practices. Plaintiffs request the information as
part of their organizational mission to educate and inform the public about immigration law and history.

On May 10, 2012, defendant filed an answer to the complaint stating that the fee waiver was properly denied and that they had requested plaintiffs to perfect their request by narrowing the scope of the information requested.

On December 6, 2012, the court permitted limited discovery, allowing plaintiffs to depose the Unit Chief for the Criminal Alien Program at ICE. In light of the court's order granting plaintiffs' motion to permit limited discovery, the court entered an order finding as moot defendant's motion for summary judgment

In August 2013, the court approved the parties' settlement agreement. Under the terms of the settlement, plaintiffs agreed to narrow their FOIA request and ICE has agreed to produce: (1) A report of all encounters by ICE officials with individuals under the auspices of the CAP program from 2010 to the present; (2) policies and other guidance regarding the implementation and operation of CAP; (3) records regarding the relationship between CAP and other ICE programs; and (4) policies regarding racial profiling in the course of CAP activities. The case was dismissed with prejudice per the agreement.

Elizabeth Daligga - 05/24/2012
Jennifer Bronson - 11/24/2013


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Issues and Causes of Action
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Issues
General
Records Disclosure
Plaintiff Type
Private Plaintiff
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. ยง 552
Defendant(s) U.S. Department of Homeland Security
Plaintiff Description Two non-profit organizations dedicated to immigration law and history.
Indexed Lawyer Organizations Jerome N. Frank Legal Services Organization (Yale)
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
3:12-cv-355 (D. Conn.) 10/30/2013
IM-CT-0008-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/08/2012
IM-CT-0008-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant's Answer to Plaintiff's Complaint 05/10/2012
IM-CT-0008-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order of Settlement and Dismissal 07/31/2013 (D. Conn.)
IM-CT-0008-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Eginton, Warren William (D. Conn.)
IM-CT-0008-0003 | IM-CT-0008-9000
Monitors/Masters None on record
Plaintiff's Lawyers Creighton, Emily J. (District of Columbia)
IM-CT-0008-0001 | IM-CT-0008-0003 | IM-CT-0008-9000
Crow, Melissa E. (District of Columbia)
IM-CT-0008-0001 | IM-CT-0008-0003 | IM-CT-0008-9000
Daly, Deirdre M. (Connecticut)
IM-CT-0008-0003
Delery, Stuart F. (District of Columbia)
IM-CT-0008-0003
Tyler, John Russell (District of Columbia)
IM-CT-0008-0003
Wishnie, Michael J. (Connecticut)
IM-CT-0008-0001 | IM-CT-0008-0003 | IM-CT-0008-9000
Defendant's Lawyers Berman, Marcia (District of Columbia)
IM-CT-0008-0002 | IM-CT-0008-0003 | IM-CT-0008-9000
McConaghy, Michelle Lynn (Connecticut)
IM-CT-0008-0002 | IM-CT-0008-0003 | IM-CT-0008-9000
Perkins, Lisa E. (Connecticut)
IM-CT-0008-0002 | IM-CT-0008-0003 | IM-CT-0008-9000
Other Lawyers None on record

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