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