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Case Name American Civil Liberties Union of Hawai'i v. U.S. Department of Homeland Security NS-CA-0024
Docket / Court 4:17-cv-01970 ( N.D. Cal. )
State/Territory California
Case Type(s) National Security
Special Collection Trump Administration FOIA cases
Attorney Organization ACLU Chapters (any)
ACLU of Northern California
Case Summary
On Apr. 10, 2017, the ACLUs of Hawai'i, Northern California, and Utah filed this suit under the Freedom of Information Act (FOIA). This was one of over a dozen such suits; each aimed to shed light on how U.S. Customs and Border Protection (CBP) implemented President Trump's Jan. 27 and Mar. 6 ... read more >
On Apr. 10, 2017, the ACLUs of Hawai'i, Northern California, and Utah filed this suit under the Freedom of Information Act (FOIA). This was one of over a dozen such suits; each aimed to shed light on how U.S. Customs and Border Protection (CBP) implemented President Trump's Jan. 27 and Mar. 6 Executive Orders that ban admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. Specifically, plaintiffs sought information "concerning CBP’s local implementation of President Trump’s January 27, 2017 Executive Order...as well as any other judicial order or executive directive issued regarding Executive Order No. 1, including President Trump’s March 6, 2017 Executive Order."

The request concerned implementation at international airports within the purview of CBP's San Francisco Field Office, including Honolulu International Airport, Kona International Airport, Salt Lake City International Airport, San Francisco International Airport, and San Jose International Airport. The request also concerned the number of individuals who were detained or subjected to secondary screening, extended questioning, enforcement examination, or consideration for a waiver at the aforementioned airports pursuant to the Executive Orders.

In the complaint, plaintiffs argued that the requested records "would facilitate the public’s understanding of how Defendants implemented and enforced the Executive Orders here in the San Francisco Field Office" and that "[s]uch information is critical to the public’s ability to hold the government accountable."

On Apr. 10, the case was assigned to Hon. Saundra Brown Armstrong.

On May 8, the government filed a motion to treat all of these FOIA cases as "multi district litigation," effectively consolidating them before the U.S. District Court for the District of Columbia. For the transfer motion see this case.

On May 10, the government moved to stay proceedings pending the decision by the judicial panel regarding the multi district litigation. On June 22, Judge Armstrong denied the motion to stay.

On Aug. 2, the Judicial Panel on Multidistrict Litigation denied defendants' transfer motion. On Aug. 14, the Court granted the parties' motion to extend their ADR deadlines to Aug. 23. On that date, the parties filed a Joint Case Management Statement contending that the case was not presently well-suited to ADR resolution, and requested relief from any automatic referral to ADR. The court granted this request on Aug. 25.

On Oct. 13, the parties filed a joint status report. On Oct. 26, the parties held a telephonic case management conference. The court requested that the government provide copies of production orders in parallel ACLU FOIA cases, which the government provided the following day.

On Dec. 20, the ACLU filed a statement of a recent relevant decision, noting that a California district court had set aside a FOIA production order and required DHS to produce at least 1,000 documents per month in ACLU of Southern California v. DHS.

On Jan. 22, 2018, Judge Armstrong issued a scheduling order. Defendants will process 200 pages of records by Feb. 28; 400 pages by Apr. 30; and will issue bimonthly rolling productions thereafter until finishing by Dec. 31. After each bimonthly production, the parties will issue joint status reports.

The parties filed the most recent status report on Mar. 15, 2018 noting that defendants had produced over 1200 pages. A May status report indicated the government continued to produce responsive records.

The documents released by the government in all the ACLU cases are available through this case page. This case is ongoing.

Julie Aust - 01/04/2018
Ava Morgenstern - 03/17/2018
Virginia Weeks - 05/17/2018


compress summary

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Issues and Causes of Action
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Issues
Discrimination-basis
Immigration status
National origin discrimination
Religion discrimination
General
Racial profiling
Record-keeping
Records Disclosure
Terrorism/Post 9-11 issues
Watchlist
Immigration/Border
Admission - criteria
Admission - procedure
Asylum - criteria
Asylum - procedure
Border police
Refugees
Visas - criteria
Visas - procedures
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Non-profit NON-religious organization
Special Case Type
Multi-District Litigation (MDL)
Type of Facility
Government-run
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. § 552
Defendant(s) U.S. Customs and Border Protection
U.S. Department of Homeland Security
Plaintiff Description The ACLU's of Hawai'i, Northern California, and Utah
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU of Northern California
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Case Listing NS-TX-0004 : ACLU Foundation of Texas v. U.S. Customs and Border Protection (S.D. Tex.)
NS-ME-0001 : American Civil Liberties Union of Maine v. U.S. Customs and Border Protection (D. Me.)
NS-FL-0002 : American Civil Liberties Union of Florida v. U.S. Department of Homeland Security (S.D. Fla.)
NS-CA-0025 : American Civil Liberties Union of San Diego v. U.S. Department of Homeland Security (S.D. Cal.)
NS-VA-0007 : American Civil Liberties Union of Virginia v. U.S. Department of Homeland Security (E.D. Va.)
NS-IL-0004 : American Civil Liberties Union of Illinois v. U.S. Department of Homeland Security (N.D. Ill.)
NS-GA-0001 : ACLU of Georgia v. U.S. Department of Homeland Security (N.D. Ga.)
NS-OR-0005 : ACLU of Oregon v. U.S. Department of Homeland Security (D. Or.)
NS-WA-0004 : ACLU of Washington v. U.S. Department of Homeland Security (W.D. Wash.)
NS-AZ-0001 : ACLU of Arizona v. U.S. Department of Homeland Security (D. Ariz.)
NS-MI-0005 : ACLU of Michigan v. U.S. Department of Homeland Security (E.D. Mich.)
NS-CA-0026 : ACLU of Southern California v. U.S. Department of Homeland Security (C.D. Cal.)
Additional Resources
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  We Sued for Records About Trump’s Muslim Bans. Here’s What We Found Out.
www.aclu.org
Date: Oct. 24, 2017
By: Vera Eidelman (American Civil Liberties Union)
[ Detail ] [ External Link ]

  ACLU of Hawai'i v. US Dept. of Homeland Security (Trump's Muslim Ban)
https://www.aclunc.org
Date: Apr. 12, 2017
By: American Civil Liberties Union (ACLU) of Northern California
[ Detail ] [ External Link ]

  ACLU Files Lawsuits Demanding Local Documents on Implementation of Trump Muslim Ban
www.aclu.org
Date: Apr. 12, 2017
By: American Civil Liberties Union (ACLU)
[ Detail ] [ External Link ]

Docket(s)
3:17-cv-01970 (N.D. Cal.)
NS-CA-0024-9000.pdf | Detail
Date: 01/22/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
NS-CA-0024-0001.pdf | Detail
Date: 04/10/2017
Source: PACER [Public Access to Court Electronic Records]
Opposition to Defendants' Motion to Stay Proceedings [ECF# 19]
NS-CA-0024-0002.pdf | Detail
Date: 05/24/2017
Source: PACER [Public Access to Court Electronic Records]
Notice of Filing Opposition to Defendants' Motion to Transfer to the District of Columbia for Consolidation [ECF# 20]
NS-CA-0024-0003.pdf | Detail
Date: 05/31/2017
Source: PACER [Public Access to Court Electronic Records]
Defendants' Reply in Support of Motion to Stay Proceedings Pending Decision on Motion to Transfer [ECF# 21]
NS-CA-0024-0004.pdf | Detail
Date: 05/31/2017
Source: PACER [Public Access to Court Electronic Records]
Statement of Recent Decision [ECF# 24]
NS-CA-0024-0005.pdf | Detail
Date: 06/07/2017
Source: PACER [Public Access to Court Electronic Records]
Order Denying Transfer [ECF# 30] (N.D. Cal.)
NS-CA-0024-0006.pdf | Detail
Date: 08/03/2017
Source: PACER [Public Access to Court Electronic Records]
Joint Request For Relief From Automatic Referral to ADR Multioption Program; Order [ECF# 37] (N.D. Cal.)
NS-CA-0024-0008.pdf | Detail
Date: 08/25/2017
Source: PACER [Public Access to Court Electronic Records]
Statement of Recent Decision [ECF# 49]
NS-CA-0024-0009.pdf | Detail
Date: 12/20/2017
Source: PACER [Public Access to Court Electronic Records]
Scheduling Order [ECF# 51] (N.D. Cal.)
NS-CA-0024-0010.pdf | Detail
Date: 01/22/2018
Source: PACER [Public Access to Court Electronic Records]
Joint Status Report [ECF# 52]
NS-CA-0024-0011.pdf | Detail
Date: 03/15/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Armstrong, Saundra Brown (N.D. Cal.)
NS-CA-0024-0008 | NS-CA-0024-0010 | NS-CA-0024-9000
Breyer, Charles R. (N.D. Cal.)
NS-CA-0024-0006
Huvelle, Ellen Segal (D.D.C.)
NS-CA-0024-0006
Kaplan, Lewis A. (S.D.N.Y.)
NS-CA-0024-0006
Perry, Catherine D. (E.D. Mo.)
NS-CA-0024-0006
Proctor, R. David (N.D. Ala.)
NS-CA-0024-0006
Vance, Sarah S. (E.D. La.)
NS-CA-0024-0006
Plaintiff's Lawyers Burke, Thomas R. (California)
NS-CA-0024-0001 | NS-CA-0024-0002 | NS-CA-0024-0003 | NS-CA-0024-0005 | NS-CA-0024-0009 | NS-CA-0024-0011 | NS-CA-0024-9000
Caballero, Mateo (Hawaii)
NS-CA-0024-0001 | NS-CA-0024-0003 | NS-CA-0024-0008 | NS-CA-0024-0011 | NS-CA-0024-9000
Farrell, Leah M. (Utah)
NS-CA-0024-0001 | NS-CA-0024-0003 | NS-CA-0024-0008 | NS-CA-0024-0011 | NS-CA-0024-9000
Lye, Linda (California)
NS-CA-0024-0001 | NS-CA-0024-0003 | NS-CA-0024-0008 | NS-CA-0024-0011 | NS-CA-0024-9000
Defendant's Lawyers Berns, Matthew (District of Columbia)
NS-CA-0024-0004 | NS-CA-0024-0008 | NS-CA-0024-9000
Bickford, James (District of Columbia)
NS-CA-0024-0011 | NS-CA-0024-9000
Patil, Chetan Adinath (District of Columbia)
NS-CA-0024-0004 | NS-CA-0024-9000
Readler, Chad A. (District of Columbia)
NS-CA-0024-0004 | NS-CA-0024-0011
Shapiro, Elizabeth J. (District of Columbia)
NS-CA-0024-0004 | NS-CA-0024-0011
Stretch, Brian (District of Columbia)
NS-CA-0024-0004 | NS-CA-0024-0011

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