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Case Name ACLU of Virginia v. U.S. Department of Homeland Security NS-VA-0007
Docket / Court 1:17-cv-00441 ( E.D. Va. )
State/Territory Virginia
Case Type(s) National Security
Special Collection Trump Administration FOIA cases
Attorney Organization ACLU Chapters (any)
Case Summary
On Apr. 12, 2017, the ACLUs of Virginia, Maryland, Pennsylvania, and Delaware filed this lawsuit under the Freedom of Information Act (FOIA), in the U.S. District Court for the Eastern District of Virginia. This was one of over a dozen such suits; each aimed to shed light on how U.S. Customs and ... read more >
On Apr. 12, 2017, the ACLUs of Virginia, Maryland, Pennsylvania, and Delaware filed this lawsuit under the Freedom of Information Act (FOIA), in the U.S. District Court for the Eastern District of Virginia. 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 Baltimore Field Office, including Washington Dulles International Airport, Baltimore Washington International Airport, Philadelphia International Airport, Pittsburgh International Airport ("Local International Airports"), and Baltimore, Philadelphia, Pittsburgh, Port of Washington-Dulles and Wilmington ("Port of Entry Offices"). 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 9, 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 May 11, the government sought an extension of time to respond to plaintiffs' complaint. On May 12, the Court granted the extension. On May 24, the government moved to stay all proceedings pending the decision on the motion to transfer. On May 30 and 31, plaintiffs and ACLUs of Pennsylvania, Virginia, Delaware, and Maryland filed memoranda in opposition to the government's motion.

On June 6, CBP filed a reply brief with the U.S. Judicial Panel on Multidistrict Litigation. Also on June 6, the government filed a reply supporting its May 24 motion to stay all proceedings.

On June 26, Judge Brinkema granted the motion to stay all proceedings pending the decision on the motion to transfer.

On Aug. 25, the parties filed a consent motion to reopen the case, given that the government's MDL motion to transfer was denied on Aug. 2. The Court granted this consent motion on the same day.

On Aug. 29, the government filed an answer to the complaint. On Sept. 13, the parties filed a discovery plan. On Oct. 4 and 24, the parties filed status reports.

On Nov. 3, the parties met before Magistrate Judge Ivan D. Davis for the initial pretrial conference. A pretrial conference was set for Jan. 18, 2018 before District Judge Leonie M. Brinkema.

On Dec. 12, the government filed a motion to vacate the scheduling order, and requested that the parties be required to file quarterly reports. On Dec. 21, the government filed a revised motion to vacate the scheduling order, requesting that the parties provide bi-monthly status reports about CBP's progress in processing the FOIA request. Plaintiffs responded on Jan. 8.

On Jan. 11, Judge Brinkema ordered as follows:
- CBP must process 200 pages of potentially responsive emails in its Baltimore office by Feb. 28, and 400 pages by Apr. 30;
- CBP must produce responsive, non-exempt records to plaintiffs by Apr. 30;
- CBP must make rolling productions every two months after that, achieving 95% production by Aug. 31;
- CBP must complete production by Dec. 31.

The parties will file joint status reports every two months. Any hearing is postponed until after the parties file their final joint status report.

The case is ongoing.

Ava Morgenstern - 01/13/2018


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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
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 ACLUs of Virginia, Maryland, Pennsylvania, and Delaware.
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-ME-0001 : ACLU of Maine v. U.S. Customs and Border Protection (D. Me.)
NS-FL-0002 : ACLU of Florida v. U.S. Department of Homeland Security (S.D. Fla.)
NS-CA-0024 : ACLU of Hawai'i v. U.S. Department of Homeland Security (N.D. Cal.)
NS-CA-0025 : ACLU of San Diego v. U.S. Department of Homeland Security (S.D. Cal.)
NS-CA-0026 : ACLU of Southern California v. U.S. Department of Homeland Security (C.D. Cal.)
NS-IL-0004 : ACLU 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-TX-0004 : ACLU Foundation of Texas v. U.S. Customs and Border Protection (S.D. Tex.)
NS-AZ-0001 : ACLU of Arizona v. U.S. Department of Homeland Security (D. Ariz.)
Additional Resources
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  ACLU of Virginia, et. al v. U.S. Department of Homeland Security, et. al
www.acluva.org
Date: Apr. 12, 2017
By: American Civil Liberties Union (ACLU) of Virginia
[ 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)
1:17-cv-00441-LMB-IDD (E.D. Va.)
NS-VA-0007-9000.pdf | Detail
Date: 01/03/2018
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-VA-0007-0001.pdf | Detail
Date: 04/12/2017
Source: PACER [Public Access to Court Electronic Records]
Memorandum of Plaintiffs, 42 American Civil Liberties Union Affiliates, In Opposition to Defendants' Motion for Transfer to the District of Columbia for Consolidation [ECF# 28]
NS-VA-0007-0002.pdf | Detail
Date: 05/30/2017
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Memorandum In Opposition to Defendants' Motion to Stay Proceedings Pending Decision on Motion to Transfer [ECF# 30]
NS-VA-0007-0003.pdf | Detail
Date: 05/31/2017
Source: PACER [Public Access to Court Electronic Records]
Defendants' Notice of Reply Brief Filed With the United States Judicial Panel on Multidistrict Litigation [ECF# 31]
NS-VA-0007-0004.pdf | Detail
Date: 06/06/2017
Source: PACER [Public Access to Court Electronic Records]
Defendants' Reply Memorandum of Law in Support of Their Motion to Stay Proceedings Pending Decision on Motion to Transfer [ECF# 32]
NS-VA-0007-0005.pdf | Detail
Date: 06/06/2017
Source: PACER [Public Access to Court Electronic Records]
Defendants' Notice of Decision [ECF# 33]
NS-VA-0007-0006.pdf | Detail
Date: 06/20/2017
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 36] (E.D. Va.)
NS-VA-0007-0007.pdf | Detail
Date: 06/26/2017
Source: PACER [Public Access to Court Electronic Records]
Defendants' Consent Motion to Reinstate Administratively Closed Case [ECF# 37]
NS-VA-0007-0008.pdf | Detail
Date: 08/25/2017
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 38] (E.D. Va.)
NS-VA-0007-0009.pdf | Detail
Date: 08/25/2017
Source: PACER [Public Access to Court Electronic Records]
Defendants' Answer [ECF# 39]
NS-VA-0007-0010.pdf | Detail
Date: 08/29/2017
Source: PACER [Public Access to Court Electronic Records]
Joint Status Report [ECF# 43]
NS-VA-0007-0011.pdf | Detail
Date: 10/04/2017
Source: PACER [Public Access to Court Electronic Records]
Joint Status Report [ECF# 45]
NS-VA-0007-0012.pdf | Detail
Date: 10/24/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Brinkema, Leonie M. (E.D. Va.)
NS-VA-0007-0007 | NS-VA-0007-0009 | NS-VA-0007-9000
Davis, Ivan D. Court not on record [Magistrate]
NS-VA-0007-9000
Plaintiff's Lawyers Burke, Thomas R. (California)
NS-VA-0007-0002
Eckstein, Maya Miriam (Virginia)
NS-VA-0007-0001 | NS-VA-0007-0003 | NS-VA-0007-0011 | NS-VA-0007-0012 | NS-VA-0007-9000
Mehta, Leslie Chambers (Virginia)
NS-VA-0007-0001 | NS-VA-0007-0003 | NS-VA-0007-0011 | NS-VA-0007-0012
Range, John Jay (District of Columbia)
NS-VA-0007-9000
Defendant's Lawyers Barghaan, Dennis C. (Virginia)
NS-VA-0007-0004 | NS-VA-0007-0005 | NS-VA-0007-0006 | NS-VA-0007-0008 | NS-VA-0007-0010 | NS-VA-0007-0011 | NS-VA-0007-0012 | NS-VA-0007-9000
Berns, Matthew (District of Columbia)
NS-VA-0007-0004 | NS-VA-0007-0005 | NS-VA-0007-0006 | NS-VA-0007-0008 | NS-VA-0007-0010
Boente, Dana J. (District of Columbia)
NS-VA-0007-0004 | NS-VA-0007-0005 | NS-VA-0007-0006 | NS-VA-0007-0008 | NS-VA-0007-0010 | NS-VA-0007-0011 | NS-VA-0007-0012
Harris, Julie Straus (District of Columbia)
NS-VA-0007-0008 | NS-VA-0007-0010 | NS-VA-0007-0011 | NS-VA-0007-0012
Patil, Chetan (District of Columbia)
NS-VA-0007-0004 | NS-VA-0007-0005 | NS-VA-0007-0006
Readler, Chad A. (District of Columbia)
NS-VA-0007-0004 | NS-VA-0007-0005 | NS-VA-0007-0006 | NS-VA-0007-0008 | NS-VA-0007-0010 | NS-VA-0007-0011 | NS-VA-0007-0012
Shapiro, Elizabeth J. (District of Columbia)
NS-VA-0007-0004 | NS-VA-0007-0005 | NS-VA-0007-0006 | NS-VA-0007-0008 | NS-VA-0007-0010 | NS-VA-0007-0011 | NS-VA-0007-0012

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