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Case Name American Immigration Council v. U.S. Department of Homeland Security IM-CT-0008
Docket / Court 3:12-cv-00355 ( D. Conn. )
State/Territory Connecticut
Case Type(s) Immigration and/or the Border
Attorney Organization American Immigration Council's Legal Action Center
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 their own counsel from American Immigration ... 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 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.

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
Immigration/Border
Criminal prosecution
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 American Immigration Council's Legal Action Center
Jerome N. Frank Legal Services Organization (Yale)
Class action status sought No
Class action status outcome Not sought
Filed Pro Se 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
Filed 03/08/2012
Case Closing Year 2013
Case Ongoing No
Additional Resources
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  Criminal Alien Program (CAP) FOIA Documents
American Immigration Council
Date: Jul. 15, 2014
By: American Immigration Council
[ Detail ] [ External Link ]

  Criminal Alien Program (CAP)
American Immigration Council
Date: Jul. 31, 2013
By: American Immigration Council
[ Detail ] [ External Link ]

Court Docket(s)
D. Conn.
10/30/2013
3:12-cv-355
IM-CT-0008-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Conn.
03/08/2012
Complaint [ECF# 1]
IM-CT-0008-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Conn.
05/10/2012
Defendant's Answer to Plaintiff's Complaint [ECF# 24]
IM-CT-0008-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Conn.
07/31/2013
Stipulation and Order of Settlement and Dismissal [ECF# 44]
IM-CT-0008-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Eginton, Warren William (D. Conn.) show/hide docs
IM-CT-0008-0003 | IM-CT-0008-9000
Plaintiff's Lawyers Creighton, Emily J. (District of Columbia) show/hide docs
IM-CT-0008-0001 | IM-CT-0008-0003 | IM-CT-0008-9000
Crow, Melissa E. (District of Columbia) show/hide docs
IM-CT-0008-0001 | IM-CT-0008-0003 | IM-CT-0008-9000
Daly, Deirdre M. (Connecticut) show/hide docs
IM-CT-0008-0003
Delery, Stuart F. (District of Columbia) show/hide docs
IM-CT-0008-0003
Tyler, John Russell (District of Columbia) show/hide docs
IM-CT-0008-0003
Wishnie, Michael J. (Connecticut) show/hide docs
IM-CT-0008-0001 | IM-CT-0008-0003 | IM-CT-0008-9000
Defendant's Lawyers Berman, Marcia (District of Columbia) show/hide docs
IM-CT-0008-0002 | IM-CT-0008-0003 | IM-CT-0008-9000
McConaghy, Michelle Lynn (Connecticut) show/hide docs
IM-CT-0008-0002 | IM-CT-0008-0003 | IM-CT-0008-9000
Perkins, Lisa E. (Connecticut) show/hide docs
IM-CT-0008-0002 | IM-CT-0008-0003 | IM-CT-0008-9000

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