The American Immigration Lawyers Association (AILA) filed suit against the U.S. Department of Homeland Security (DHS) on July 20, 2010 in the U.S. District Court for the District of Columbia. AILA claimed that DHS had violated the Freedom of Information Act (5 U.S.C. §552) and the Administrative Procedure Act (5 U.S.C. §701-06) by failing to properly respond to a FOIA request. On February 6, 2009, AILA had submitted a FOIA request to DHS seeking the disclosure of the guidance it gives to agencies when investigating fraud in H-1B visa applications. DHS denied the request, citing various administrative exemptions. After an AILA administrative appeal and second request on April 12, 2009, DHS released a limited number of redacted documents along with "Vaughn
submissions," providing a description of the exempted information. After an unsuccessful appeal, AILA brought suit, seeking an order for DHS to conduct a reasonable search for relevant documents, an order to refrain from withholding information relevant to the FOIA request, and a declaration that the information is not exempted from FOIA.
On December 10, 2010, DHS moved for summary judgment, arguing that all segregable information had been released, along with adequate Vaughn
submissions. On January 14, 2011, AILA filed a cross-motion for summary judgment, arguing that the Vaughn
submissions were inadequate, and seeking full disclosure of documents. However, on February 24, 2011, DHS withdrew its motion for summary judgment, offering to conduct a further search for segregable documents.
On May 31, 2011, AILA moved again for summary judgment, arguing that DHS still had failed to adequately respond to their FOIA request. On June 27, 2011, DHS filed a cross-motion for summary judgment, again arguing that they had submitted all segregable information, along with proper Vaughn
On March 30, 2012, the District Court (Judge Emmit G. Sullivan) granted AILA's motion for summary judgment in part, and denied DHS's cross-motion for summary judgment. Judge Sullivan ordered DHS to provide Vaugh
submissions that sufficiently describe the information to AILA, so that AILA can make a proper segregability determination.
This was the last action in the case.Dan Osher - 05/28/2013