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Case Name American Civil Liberties Union of San Diego v. U.S. Department of Homeland Security NS-CA-0025
Docket / Court 3:17-cv-00733 ( S.D. Cal. )
State/Territory California
Case Type(s) National Security
Special Collection Trump Administration FOIA cases
Attorney Organization ACLU Chapters (any)
Case Summary
On Apr. 12, 2017, the ACLU of San Diego and Imperial Counties filed this lawsuit 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 ... read more >
On Apr. 12, 2017, the ACLU of San Diego and Imperial Counties filed this lawsuit 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 Diego Field Office, including San Diego International Airport and the San Diego port of entry. 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 May 8, the government filed a motion to treat all of these FOIA cases as "multi-district litigation," effectively seeking to consolidate them before the U.S. District Court for the District of Columbia. For the transfer motion see this case.

On Aug. 2, the Judicial Panel on Multidistrict Litigation denied defendants' transfer motion (notice of the denial was filed on Aug. 15). On Aug. 3, Judge Lorenz denied defendants' May 10 motion to stay.

The parties met for a series of case management conference in the fall of 2017. The case did not settle, and so the parties continued with discovery.

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

Julie Aust - 11/11/2017
Ava Morgenstern - 05/05/2018
Virginia Weeks - 06/30/2018


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 of San Diego and Imperial Counties
Indexed Lawyer Organizations ACLU Chapters (any)
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-0024 : American Civil Liberties Union of Hawai'i v. U.S. Department of Homeland Security (N.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-MI-0005 : ACLU of Michigan v. U.S. Department of Homeland Security (E.D. Mich.)
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-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 San Diego & Imperial Counties: Our Current Docket
www.aclusandiego.org
Date: Sep. 1, 2017
By: American Civil Liberties Union (ACLU) of San Diego
[ 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-733 (S.D. Cal.)
NS-CA-0025-9000.pdf | Detail
Date: 11/06/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act [ECF# 1]
NS-CA-0025-0001.pdf | Detail
Date: 04/12/2017
Source: PACER [Public Access to Court Electronic Records]
Notice of Filing Plaintiff's Brief in Opposition to Defendants' Motion to Stay Proceedings in the United States District Court for the Eastern District of Michigan [ECF# 35]
NS-CA-0025-0003.pdf | Detail
Date: 06/05/2017
Source: PACER [Public Access to Court Electronic Records]
Notice of Supplemental Authority [ECF# 33]
NS-CA-0025-0002.pdf | Detail
Date: 07/03/2017
Source: PACER [Public Access to Court Electronic Records]
Order Denying Defendants' Motion to Stay [ECF# 38] (S.D. Cal.)
NS-CA-0025-0004.pdf | Detail
Date: 08/03/2017
Source: PACER [Public Access to Court Electronic Records]
Order Denying Transfer [ECF# 37] (S.D. Cal.)
NS-CA-0025-0005.pdf | Detail
Date: 08/15/2017
Source: PACER [Public Access to Court Electronic Records]
Joint Status Report [ECF# 48]
NS-CA-0025-0006.pdf | Detail
Date: 10/13/2017
Source: PACER [Public Access to Court Electronic Records]
Joint Status Report [ECF# 51]
NS-CA-0025-0007.pdf | Detail
Date: 11/03/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Burkhardt, Jill L. Court not on record [Magistrate]
NS-CA-0025-9000
Lorenz, M. James (S.D. Cal.)
NS-CA-0025-0004 | NS-CA-0025-9000
Vance, Sarah S. (E.D. La.)
NS-CA-0025-0005
Plaintiff's Lawyers Burke, Thomas R. (California)
NS-CA-0025-0003 | NS-CA-0025-0006 | NS-CA-0025-0007 | NS-CA-0025-9000
Ebadolahi, Mitra (New York)
NS-CA-0025-0001 | NS-CA-0025-0007 | NS-CA-0025-9000
Laidman, Daniel A. (California)
NS-CA-0025-0006 | NS-CA-0025-0007 | NS-CA-0025-9000
Defendant's Lawyers Berns, Matthew (District of Columbia)
NS-CA-0025-0002 | NS-CA-0025-0007 | NS-CA-0025-9000
Patil, Chetan Adinath (District of Columbia)
NS-CA-0025-0002 | NS-CA-0025-0006 | NS-CA-0025-0007 | NS-CA-0025-9000
Readler, Chad A. (District of Columbia)
NS-CA-0025-0002 | NS-CA-0025-0006
Robinson, Alana W. (District of Columbia)
NS-CA-0025-0002 | NS-CA-0025-0006
Shapiro, Elizabeth J. (District of Columbia)
NS-CA-0025-0002 | NS-CA-0025-0006

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