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 case management conference on Oct. 17 before Judge Jill L. Burkhardt. On Nov. 3, the parties filed a status report. On Nov. 6, the parties met for another case management conference. The case did not settle, and so the parties will continue with discovery and will meet again for a case management conference on May 7, 2018. The parties will file a supplemental joint discovery plan by Apr. 30, 2018.

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 - 02/18/2018


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