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Case Name ACLU of Maine v. U.S. Customs and Border Protection NS-ME-0001
Docket / Court 2:17-cv-00132-GZS ( D. Me. )
State/Territory Maine
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 Maine, New Hampshire, Vermont, Massachusetts, Connecticut, and Rhode Island filed this lawsuit in the U.S. District Court for the District of Maine, under the Freedom of Information Act (FOIA). This was one of over a dozen such suits; each aimed to shed light on how U. ... read more >
On Apr. 12, 2017, the ACLUs of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, and Rhode Island filed this lawsuit in the U.S. District Court for the District of Maine, 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 at issue in this particular case concerned implementation at CBP's Boston Field Office, including Boston's Logan International Airport and other smaller international airports and ports of entry throughout New England.

In the complaint, plaintiffs argued that the requested records "would facilitate the public’s understanding" of how defendants implemented and enforced the Executive Orders through CBP's Boston Field Office, and that "[s]uch information is critical to the public’s ability to hold the government accountable." Plaintiffs argued that "[a]t Boston’s Logan International Airport, implementation of the order harmed both individuals and institutions. Scholars and academics from Boston-area institutions were denied entry into the United States. Doctors from New England hospitals and patients seeking medical care were delayed, denied entry, or subjected to unnecessary anguish."

The case was assigned to Judge George Z. Singal.

On May 8, the government filed a motion to treat all of these FOIA cases as "multidistrict litigation" effectively seeking to consolidate them before the U.S. District Court for the District of Columbia. For the transfer motion and subsequent procedure see this case.

On May 11, the government filed a motion to stay proceedings pending the decision by the judicial panel regarding the multidistrict litigation. The ACLU opposed the government's motion on May 31, and on June 14 the government replied. On June 19, Judge Singal granted the motion to stay for the next 60 days.

On Aug. 2, the Judicial Panel on Multidistrict Litigation denied defendants' transfer motion. The next day, Judge Singal lifted the stay. Defendants answered the complaint on Aug. 24. Although the court soon set a trial schedule, the court then vacated this at the parties' request on Sept. 15. The parties agreed to instead submit a joint status report by Nov. 1.

In their Nov. 1 status report, the parties sharply disputed defendants' progress on identifying local records. Defendants had as of Oct. 17 produced a list of core search terms and had begun locating records. Plaintiffs argued that defendants had refused to release any records or to estimate a time frame for doing so, and asked the court to set a production deadline or timeline. The Court held a Nov. 21 status conference, and ordered the parties to brief several issues of document production by Dec. 8 and to reply by Dec. 15.

The case is ongoing.

Ava Morgenstern - 11/24/2017


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Issues and Causes of Action
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Issues
Discrimination-basis
National origin discrimination
Religion discrimination
General
Record-keeping
Records Disclosure
Terrorism/Post 9-11 issues
Immigration/Border
Admission - criteria
Admission - procedure
Border police
Constitutional rights
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 ACLUs of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, and Rhode Island
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-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-VA-0007 : ACLU of Virginia v. U.S. Department of Homeland Security (E.D. Va.)
NS-IL-0004 : ACLU of Illinois, Inc. 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-FL-0002 : ACLU of Florida v. U.S. Department of Homeland Security (S.D. Fla.)
NS-CA-0026 : ACLU of Southern California v. U.S. Department of Homeland Security (C.D. Cal.)
Additional Resources
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  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 ]

  ACLU of Maine, et al. v. United States CBP, et al.
www.aclumaine.org
Date: Apr. 12, 2017
By: American Civil Liberties Union (ACLU) of Maine
[ Detail ] [ External Link ]

Docket(s)
2:17-cv-132 (D. Me.)
NS-ME-0001-9000.pdf | Detail
Date: 11/01/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
NS-ME-0001-0001.pdf | Detail
Date: 04/12/2017
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Opposition to Defendants' Motion to Stay Proceedings Pending Decision on Motion to Transfer [ECF# 15]
NS-ME-0001-0002.pdf | Detail
Date: 05/31/2017
Source: PACER [Public Access to Court Electronic Records]
Joint Status Report [ECF# 30]
NS-ME-0001-0003.pdf | Detail
Date: 11/01/2017
Source: PACER [Public Access to Court Electronic Records]
[Notice/Correspondence re: Order of November 24, 2017 by Defendants] [ECF# 35]
NS-ME-0001-0004.pdf | Detail
Date: 12/08/2017
Source: PACER [Public Access to Court Electronic Records]
Re: ACLU of Maine v. U.S. Customs and Border Protection [Notice/Correspondence by Plaintiffs] [ECF# 36]
NS-ME-0001-0005.pdf | Detail
Date: 12/08/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Rich, John H. III Court not on record [Magistrate]
NS-ME-0001-9000
Singal, George Z. (D. Me.)
NS-ME-0001-9000
Plaintiff's Lawyers Archer, Jennifer A. (Maine)
NS-ME-0001-0002 | NS-ME-0001-0005 | NS-ME-0001-9000
Bond, Emma E. (Maine)
NS-ME-0001-0005
Heiden, Zachary L. (Maine)
NS-ME-0001-0001 | NS-ME-0001-0002 | NS-ME-0001-0003 | NS-ME-0001-0005 | NS-ME-0001-9000
Defendant's Lawyers Berns, Matthew (District of Columbia)
NS-ME-0001-9000
Drezner, Michael Leon (District of Columbia)
NS-ME-0001-0003 | NS-ME-0001-0004 | NS-ME-0001-9000
Patil, Chetan (District of Columbia)
NS-ME-0001-9000
Readler, Chad A. (District of Columbia)
NS-ME-0001-0003
Sawyer, Sheila W. (Maine)
NS-ME-0001-9000
Shapiro, Elizabeth J. (District of Columbia)
NS-ME-0001-0003

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