Case: American Immigration Council v. U.S. Department of Homeland Security

3:12-cv-00355 | U.S. District Court for the District of Connecticut

Filed Date: March 8, 2012

Closed Date: Nov. 30, 2013

Clearinghouse coding in progress

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 their own counsel from American Immigration Council and the Jerome N. Frank Legal Services Organization at Yale Law School, sought declaratory and injunctive relief, claiming that DHS wrongfully failed to provide records to the public. Specifical…

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 their own counsel from American Immigration Council and the Jerome N. Frank Legal Services Organization at Yale Law School, 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"), a program of United States Immigration and Customs Enforcement under the U.S. Department of Homeland Security. Plaintiffs alleged that CAP was an enforcement program with very little public information available about its policies and practices. Plaintiffs requested 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 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. ICE ultimately provided large amounts of data and documents on the CAP program to American Immigration Council, available here. This case is closed.

Summary Authors

Elizabeth Daligga (5/24/2012)

Jennifer Bronson (11/24/2013)

People


Judge(s)
Attorney for Plaintiff

Creighton, Emily J. (District of Columbia)

Crow, Melissa E. (District of Columbia)

Daly, Deirdre M. (Connecticut)

Delery, Stuart F. (District of Columbia)

Attorney for Defendant

Berman, Marcia (District of Columbia)

show all people

Documents in the Clearinghouse

Document

3:12-cv-00355

Docket [PACER]

American Immigration Council v. Homeland Security

Oct. 30, 2013

Oct. 30, 2013

Docket
1

3:12-cv-00355

Complaint

American Immigration Council v. Department of Homeland Security

March 8, 2012

March 8, 2012

Complaint
24

3:12-cv-00355

Defendant's Answer to Plaintiff's Complaint

American Immigration Council v. Department of Homeland Security

May 10, 2012

May 10, 2012

Pleading / Motion / Brief
44

3:12-cv-00355

Stipulation and Order of Settlement and Dismissal

American Immigration Council v. Dept. of Homeland Security

July 31, 2013

July 31, 2013

Order/Opinion

Resources

Docket

ECF Number Description Date Link Date / Link

Request for Clerk to issue summons as to Department of Homeland Security. (Wishnie, Michael) (Entered: 03/08/2012)

March 8, 2012

March 8, 2012

Judge Warren W. Eginton added. (Oliver, T.) (Entered: 03/09/2012)

March 8, 2012

March 8, 2012

2

ELECTRONIC FILING ORDER − PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Warren W. Eginton on 3/8/2012. (Fazekas, J.) (Entered: 03/09/2012)

March 8, 2012

March 8, 2012

3

NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 2 Electronic Filing Order, 1 Complaint, filed by American Immigration Lawyers Association Connecticut Chapter, American Immigration Council. Signed by Clerk on 3/9/2012. (Fazekas, J.) (Entered: 03/09/2012)

March 9, 2012

March 9, 2012

4

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Department of Homeland Security* with answer to complaint due within *30* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services − Wall St, Yale Law School* *127 Wall Street* *New Haven, CT 06511*. (Fazekas, J.) (Entered: 03/09/2012)

March 9, 2012

March 9, 2012

5

ENTERED IN ERROR − CERTIFICATE OF SERVICE by American Immigration Council, American Immigration Lawyers Association Connecticut Chapter (Wishnie, Michael) Modified on 3/12/2012 (Torrenti, R.). (Entered: 03/09/2012)

March 9, 2012

March 9, 2012

6

SUMMONS Returned Executed by American Immigration Council, American Immigration Lawyers Association Connecticut Chapter. Department of Homeland Security served on 3/9/2012, answer due 5/9/2012. Document 5 corrected. (Torrenti, R.) Modified on 3/12/2012to fix answer ddl (Pesta, J.). (Entered: 03/12/2012)

March 9, 2012

March 9, 2012

Answer deadline updated for Department of Homeland Security to 5/9/2012. (Pesta, J.) (Entered: 03/12/2012)

March 12, 2012

March 12, 2012

DOCKET ENTRY CORRECTION: Answer deadline updated for Department of Homeland Security to 4/9/2012 as per Freedom of Information Act. (Pesta, J.) (Entered: 03/15/2012)

March 15, 2012

March 15, 2012

7

NOTICE of Appearance by Michelle Lynn McConaghy on behalf of Department of Homeland Security (McConaghy, Michelle) (Entered: 04/09/2012)

April 9, 2012

April 9, 2012

8

MOTION for Extension of Time until May 11, 2012 to Respond to 1 Complaint, by Department of Homeland Security. (McConaghy, Michelle) (Entered: 04/09/2012)

April 9, 2012

April 9, 2012

9

MOTION for Attorney(s) Melissa E. Crow to be Admitted Pro Hac Vice (paid $25 PHV fee; receipt number 0205−2462223) by American Immigration Council, American Immigration Lawyers Association Connecticut Chapter. (Attachments: # 1 Exhibit A)(Wishnie, Michael) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

10

NOTICE of Appearance by Lisa E. Perkins on behalf of Department of Homeland Security (Perkins, Lisa) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

11

MOTION for Attorney(s) Emily J. Creighton to be Admitted Pro Hac Vice (paid $25 PHV fee; receipt number 0205−2462243) by American Immigration Council, American Immigration Lawyers Association Connecticut Chapter. (Attachments: # 1 Exhibit A)(Wishnie, Michael) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

12

ORDER granting 8 MOTION for Extension of Time until May 11, 2012 to Respond to 1 Complaint. Signed by Judge Warren W. Eginton on 4/11/12. (Ladd−Smith, I.) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

14

ORDER granting 11 MOTION for Attorney Emily J. Creighton to be Admitted Pro Hac Vice. Certificate of Good Standing due by 6/10/2012. Signed by Judge Warren W. Eginton on 4/11/12. (Ladd−Smith, I.) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

15

CERTIFICATE OF GOOD STANDING re 9 MOTION for Attorney(s) Melissa E. Crow to be Admitted Pro Hac Vice (paid $25 PHV fee; receipt number 0205−2462223)MOTION for Attorney(s) Melissa E. Crow to be Admitted Pro Hac Vice (paid $25 PHV fee; receipt number 0205−2462223) by American Immigration Council, American Immigration Lawyers Association Connecticut Chapter. (Wishnie, Michael) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

16

CERTIFICATE OF GOOD STANDING re 11 MOTION for Attorney(s) Emily J. Creighton to be Admitted Pro Hac Vice (paid $25 PHV fee; receipt number 0205−2462243)MOTION for Attorney(s) Emily J. Creighton to be Admitted Pro Hac Vice (paid $25 PHV fee; receipt number 0205−2462243) by American Immigration Council, American Immigration Lawyers Association Connecticut Chapter. (Wishnie, Michael) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

17

MOTION for Leave to File Law Student Intern Appearances by American Immigration Council, American Immigration Lawyers Association Connecticut Chapter. (Attachments: # 1 Exhibit A)(Wishnie, Michael) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

18

ORDER granting 17 MOTION for Leave to File Law Student Intern Appearances. Signed by Judge Warren W. Eginton on 4/12/12. (Ladd−Smith, I.) (Entered: 04/12/2012)

April 12, 2012

April 12, 2012

19

CERTIFICATE OF SERVICE by American Immigration Council, American Immigration Lawyers Association Connecticut Chapter re 15 Certificate of Good Standing, (Wishnie, Michael) (Entered: 04/12/2012)

April 12, 2012

April 12, 2012

20

CERTIFICATE OF SERVICE by American Immigration Council, American Immigration Lawyers Association Connecticut Chapter re 16 Certificate of Good Standing, (Wishnie, Michael) (Entered: 04/12/2012)

April 12, 2012

April 12, 2012

21

NOTICE of Appearance by Melissa E. Crow on behalf of American Immigration Council, American Immigration Lawyers Association Connecticut Chapter (Crow, Melissa) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

22

NOTICE of Appearance by Emily J Creighton on behalf of American Immigration Council, American Immigration Lawyers Association Connecticut Chapter (Creighton, Emily) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

23

NOTICE of Appearance by Marcia Berman on behalf of Department of Homeland Security (Berman, Marcia) (Entered: 05/10/2012)

May 10, 2012

May 10, 2012

24

ANSWER to 1 Complaint, with Affirmative Defenses by Department of Homeland Security.(Berman, Marcia) (Entered: 05/10/2012)

May 10, 2012

May 10, 2012

25

MOTION for Extension of Time establishing briefing schedule by American Immigration Council, American Immigration Lawyers Association Connecticut Chapter, Department of Homeland Security. (Wishnie, Michael) Modified on 7/5/2012 to correct motion event. (Torrenti, R.). (Entered: 07/03/2012)

July 3, 2012

July 3, 2012

26

ORDER granting 25 Motion for Extension of Time. Defendant's motion for summary judgment to be filed on or before July 13, 2012; Plaintiffs' opposition to Defendant's motion to be filed on or before September 21, 2012; Defendant's reply in support of its motion for summary judgment to be filed on or before October 19, 2012. Signed by Judge Warren W. Eginton on 7/6/12. (Ladd−Smith, I.) (Entered: 07/06/2012)

July 6, 2012

July 6, 2012

27

MOTION for Summary Judgment by Department of Homeland Security.Responses due by 8/3/2012 (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Statement of Material Facts, # 9 Text of Proposed Order)(Berman, Marcia) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

29

MOTION to Defer Consideration of Government Summary Judgment Motion and for Limited Discovery re 27 MOTION for Summary Judgment by American Immigration Council, American Immigration Lawyers Association Connecticut Chapter.Responses due by 10/12/2012 (Attachments: # 1 Memorandum in Support, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Wishnie, Michael) (Entered: 09/21/2012)

Sept. 21, 2012

Sept. 21, 2012

30

Consent MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Defer Consideration of Government Summary Judgment Motion and for Limited Discovery re 27 MOTION for Summary Judgment MOTION to Defer Consideration of Government Summary Judgment Motion and for Limited Discovery re 27 MOTION for Summary Judgment until October 19, 2012 by Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Berman, Marcia) (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

31

ORDER granting 30 Motion for Extension of Time to File Response/Reply as to 29 MOTION until October 19, 2012. Signed by Judge Warren W. Eginton on 10/5/12. (Ladd−Smith, I.) (Entered: 10/05/2012)

Oct. 5, 2012

Oct. 5, 2012

Reset Deadlines as to 29 MOTION to Defer Consideration of Government Summary Judgment Motion and for Limited Discovery re 27 MOTION for Summary Judgment MOTION to Defer Consideration of Government Summary Judgment Motion and for Limited Discovery re 27 MOTION for Summary Judgment. Responses due by 10/19/2012 (Corriette, M.) (Entered: 10/09/2012)

Oct. 5, 2012

Oct. 5, 2012

32

MOTION for Extension of Time until October 29, 2012 To Respond to the 28 Memorandum in Opposition to Motion, 29 MOTION to Defer Consideration of Government Summary Judgment Motion and for Limited Discovery re 27 MOTION for Summary Judgment MOTION to Defer Consideration of Government Summary Judgment Motion and for Limited Discovery re 27 MOTION for Summary Judgment by Department of Homeland Security. (McConaghy, Michelle) Modified on 10/22/2012 to correct event relief(Pesta, J.). (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

33

ORDER granting 32 MOTION for Extension of Time until October 29, 2012 To Respond to 28 Memorandum in Opposition to Motion, 29 MOTION to Defer Consideration of Government Summary Judgment Motion. Signed by Judge Warren W. Eginton on 10/22/12. (Ladd−Smith, I.) (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

Set Deadlines as to 29 MOTION to Defer Consideration of Government Summary Judgment Motion and for Limited Discovery re 27 MOTION for Summary Judgment MOTION to Defer Consideration of Government Summary Judgment Motion and for Limited Discovery re 27 MOTION for Summary Judgment. Responses due by 10/29/2012 (Ghilardi, K.) (Entered: 10/23/2012)

Oct. 22, 2012

Oct. 22, 2012

34

REPLY to Response to 27 MOTION for Summary Judgment filed by Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Response to Plaintiffs' Statement of Material Facts Not in Dispute)(Berman, Marcia) (Entered: 10/31/2012)

Oct. 31, 2012

Oct. 31, 2012

35

RESPONSE re 29 MOTION to Defer Consideration of Government Summary Judgment Motion and for Limited Discovery re 27 MOTION for Summary Judgment MOTION to Defer Consideration of Government Summary Judgment Motion and for Limited Discovery re 27 MOTION for Summary Judgment filed by Department of Homeland Security. (Berman, Marcia) (Entered: 10/31/2012)

Oct. 31, 2012

Oct. 31, 2012

36

Consent MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Defer Consideration of Government Summary Judgment Motion and for Limited Discovery re 27 MOTION for Summary Judgment MOTION to Defer Consideration of Government Summary Judgment Motion and for Limited Discovery re 27 MOTION for Summary Judgment until 11/30/12 by American Immigration Council, American Immigration Lawyers Association Connecticut Chapter. (Wishnie, Michael) (Entered: 11/11/2012)

Nov. 11, 2012

Nov. 11, 2012

37

ORDER granting 36 Consent MOTION for Extension of Time to File Response/Reply as to 29 MOTION to Defer Consideration of Government Summary Judgment Motion and for Limited Discovery re 27 MOTION for Summary Judgment until 11/30/12. Signed by Judge Warren W. Eginton on 11/13/12. (Ladd−Smith, I.) (Entered: 11/13/2012)

Nov. 13, 2012

Nov. 13, 2012

Set Deadlines as to 29 MOTION to Defer Consideration of Government Summary Judgment Motion and for Limited Discovery re 27 MOTION for Summary Judgment MOTION to Defer Consideration of Government Summary Judgment Motion and for Limited Discovery re 27 MOTION for Summary Judgment, 27 MOTION for Summary Judgment. Responses due by 11/30/2012 (Ghilardi, K.) (Entered: 11/15/2012)

Nov. 13, 2012

Nov. 13, 2012

38

REPLY to Response to 29 MOTION to Defer Consideration of Government Summary Judgment Motion and for Limited Discovery re 27 MOTION for Summary Judgment MOTION to Defer Consideration of Government Summary Judgment Motion and for Limited Discovery re 27 MOTION for Summary Judgment filed by American Immigration Council, American Immigration Lawyers Association Connecticut Chapter. (Wishnie, Michael) (Entered: 11/29/2012)

Nov. 29, 2012

Nov. 29, 2012

39

ORDER granting 29 Motion to permit limited discovery in the form of the deposition of Jamison Matuszewski and defer ruling on defendants 27 motion for summary judgment. Plaintiff may file a supplemental response to 27 motion for summary judgment within 14 days of completing the deposition. Defendant may file a reply within 14 days of plaintiff's supplemental response. Signed by Judge Warren W. Eginton on 12/6/12. (Ladd−Smith, I.) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

40

ORDER finding as moot 27 Motion for Summary Judgment in light of 39 ORDER granting 29 Motion to permit limited discovery in the form of the deposition of Jamison Matuszewski and defer ruling on defendants 27 motion for summary judgment. Defendant should refile its motion for summary judgment upon completion of the extended discovery. Signed by Judge Warren W. Eginton on 2/5/13. (Ladd−Smith, I.) (Entered: 02/05/2013)

Feb. 5, 2013

Feb. 5, 2013

41

NOTICE of Appearance by Anne Lai on behalf of American Immigration Council, American Immigration Lawyers Association Connecticut Chapter (Lai, Anne) (Entered: 03/25/2013)

March 25, 2013

March 25, 2013

42

MOTION for Anne Lai to Withdraw as Attorney by American Immigration Council, American Immigration Lawyers Association Connecticut Chapter. (Lai, Anne) (Entered: 06/30/2013)

June 30, 2013

June 30, 2013

43

ORDER granting 42 Motion to Withdraw as Attorney. Attorney Anne Lai terminated. Signed by Judge Warren W. Eginton on 7/1/13. (Ladd−Smith, I.) (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

44

Joint STIPULATION and Order of Settlement and Dismissal by Department of Homeland Security. (Attachments: # 1 Exhibit 1, Attachment A, # 2 Exhibit 1, Attachment B)(Berman, Marcia) (Entered: 07/31/2013)

July 31, 2013

July 31, 2013

45

ORDER approving and so ordered re 44 Stipulation filed by Department of Homeland Security Signed by Judge Warren W. Eginton on 8/1/2013.(Ghilardi, K.) (Entered: 08/01/2013)

Aug. 1, 2013

Aug. 1, 2013

JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi−bin/Dispatch.pl?survey(Ghilardi, K.) (Entered: 08/01/2013)

Aug. 1, 2013

Aug. 1, 2013

46

Consent MOTION to Stay re 45 Order Defendant's Performance Obligations in Settlement Agreement in Light of Lapse of Appropriations by Department of Homeland Security.Responses due by 10/25/2013 (Attachments: # 1 Text of Proposed Order)(Berman, Marcia) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

47

ORDER granting 46 Consent MOTION to Stay re 45 Order Defendant's Performance Obligations in Settlement Agreement in Light of Lapse of Appropriations by Department of Homeland Security. So ordered. If the application for stay is moot, the parties may simply move for extension of deadlines commensurate with the duration of the lapse in appropriations. Signed by Judge Warren W. Eginton on 10/24/13. (Ladd−Smith, I.) (Entered: 10/24/2013)

Oct. 24, 2013

Oct. 24, 2013

48

Consent MOTION for Extension of Time of Defendant's Performance Obligations in Settlement Agreement Commensurate with Lapse in Appropriations by Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Berman, Marcia) (Entered: 10/29/2013)

Oct. 29, 2013

Oct. 29, 2013

49

ORDER granting 48 Consent MOTION for Extension of Time of Defendant's performance obligations in the Settlement Agreement commensurate with the lapse in appropriations by Department of Homeland Security. Defendant's performance obligations are extended by sixteen days. Signed by Judge Warren W. Eginton on 10/30/13. (Ladd−Smith, I.) (Entered: 10/30/2013)

Oct. 30, 2013

Oct. 30, 2013

Case Details

State / Territory: Connecticut

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 8, 2012

Closing Date: Nov. 30, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two non-profit organizations dedicated to immigration law and history.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Jerome N. Frank Legal Services Organization (Yale)

American Immigration Council's Legal Action Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

Case Details

Causes of Action:

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Records Disclosure

Immigration/Border:

Criminal prosecution