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Case Name ACLU of Michigan v. U.S. Department of Homeland Security NS-MI-0005
Docket / Court 5:17-cv-11149-JEL-EAS ( E.D. Mich. )
State/Territory Michigan
Case Type(s) National Security
Special Collection Trump Administration FOIA cases
Attorney Organization ACLU Chapters (any)
Case Summary
On April 12, 2017, the ACLU of Michigan 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 implemented President Trump's Jan. 27 and Mar. 6 Executive Orders (EO) that ban admission ... read more >
On April 12, 2017, the ACLU of Michigan 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 implemented President Trump's Jan. 27 and Mar. 6 Executive Orders (EO) 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 Detroit Field Office. 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 EO.

In the complaint, the plaintiffs argued that the requested records "would facilitate the public’s understanding of how Defendants implemented and enforced the Executive Orders through the Detroit Field Office" and that "[s]uch information is critical to the public’s ability to hold the government accountable." The complaint stated that "Michigan residents were among those most severely impacted by the Executive Orders...Of the major metropolitan areas in the United States, Detroit has the highest number of residents per capita from the seven countries barred under Executive Order No. 1."

On May 8, the government filed a motion to treat all of these FOIA cases as "multidistrict litigation" effectively consolidating them before the U.S. District Court for the District of Columbia. For the transfer motion see this case. The ACLU filed their opposition to the motion to transfer on May 30, arguing that "[g]ranting consolidation and transfer would promote forum-shopping and delay, not justice." On August 3, the U.S. District Judicial Panel on Multidistrict Litigation denied the government's consolidation motion. In its order, the Panel found that although the thirteen FOIA cases share "a limited number of factual issues," these issues "appear relatively straightforward and unlikely to entail extensive pretrial proceedings."

The case is ongoing.

Virginia Weeks - 04/16/2017
Virginia Weeks - 09/15/2017
Jamie Kessler - 08/07/2017


compress summary

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Issues and Causes of Action
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Issues
Defendant-type
Law-enforcement
Discrimination-basis
National origin discrimination
Religion discrimination
General
Record-keeping
Records Disclosure
Immigration/Border
Admission - criteria
Admission - procedure
Asylum - criteria
Asylum - procedure
Border police
Constitutional rights
Deportation - judicial review
Deportation - procedure
Detention - conditions
Detention - criteria
Detention - procedures
Refugees
Visas - criteria
Visas - procedures
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Non-profit NON-religious organization
Type of Facility
Government-run
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. § 552
Defendant(s) Various Federal Agencies
Plaintiff Description ACLU of Michigan
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted Moot
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 : 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.)
Additional Resources
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  ACLU Files Lawsuits Demanding Local Documents on Implementation of Trump Muslim Ban
https://www.aclu.org/
Date: Apr. 12, 2017
By: American Civil Liberties Union (American Civil Liberties Union)
[ Detail ] [ External Link ]

Docket(s)
5:17−cv−11149−JEL−EAS (E.D. Mich.)
NS-MI-0005-9000.pdf | Detail
Date: 08/04/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
NS-MI-0005-0001.pdf | Detail
Date: 04/12/2017
Source: PACER [Public Access to Court Electronic Records]
FOIA Requests from ACLU [Exhibits A,B,C, and D of the Complaint] [ECF# 1-2, 1-3, 1-4, 1-5]
NS-MI-0005-0004.pdf | Detail
Date: 04/12/2017
Source: PACER [Public Access to Court Electronic Records]
Order Denying Transfer [ECF# 31] (E.D. Mich.)
NS-MI-0005-0006.pdf | Detail
Date: 08/03/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Breyer, Charles R. (N.D. Cal.)
NS-MI-0005-0006
Huvelle, Ellen Segal (D.D.C.)
NS-MI-0005-0006
Kaplan, Lewis A. (S.D.N.Y.)
NS-MI-0005-0006
Levy, Judith Ellen (E.D. Mich.)
NS-MI-0005-9000
Perry, Catherine D. (E.D. Mo.)
NS-MI-0005-0006
Proctor, R. David (N.D. Ala.)
NS-MI-0005-0006
Stafford, Elizabeth A. Court not on record [Magistrate]
NS-MI-0005-9000
Vance, Sarah S. (E.D. La.)
NS-MI-0005-0006
Plaintiff's Lawyers Aukerman, Miriam (Michigan)
NS-MI-0005-0001 | NS-MI-0005-0004 | NS-MI-0005-9000
Bedoya, Gabriel (Michigan)
NS-MI-0005-0001 | NS-MI-0005-9000
Goddeeris, Andrew (Michigan)
NS-MI-0005-0001 | NS-MI-0005-9000
Moss, Kary L. (Michigan)
NS-MI-0005-0004
Pauwels, Andrew (Michigan)
NS-MI-0005-0001 | NS-MI-0005-9000
Steinberg, Michael J. (Michigan)
NS-MI-0005-0001 | NS-MI-0005-0004 | NS-MI-0005-9000
Defendant's Lawyers Berns, Matthew (District of Columbia)
NS-MI-0005-9000
Patil, Chetan (District of Columbia)
NS-MI-0005-9000

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