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Case Name ACLU of Georgia v. U.S. Department of Homeland Security NS-GA-0001
Docket / Court 1:17-cv-01309-WSD ( N.D. Ga. )
State/Territory Georgia
Case Type(s) National Security
Special Collection Trump Administration FOIA cases
Attorney Organization ACLU Chapters (any)
Case Summary
On April 12, 2017, the ACLUs of Georgia, North Carolina, South Carolina, and West Virginia filed this suit under the Freedom of Information Act (FOIA). This was one of more than a dozen such suits; each aimed to access information on how U.S. Customs and Border Protection implemented President ... read more >
On April 12, 2017, the ACLUs of Georgia, North Carolina, South Carolina, and West Virginia filed this suit under the Freedom of Information Act (FOIA). This was one of more than a dozen such suits; each aimed to access information on how U.S. Customs and Border Protection implemented President Trump's Jan. 27 and Mar. 6 Executive Orders (EO) banning 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 College Park Field Office, including Hartsfield/Jackson International Airport, Charlotte Douglas International Airport, Charleston International Airport, and Yeager International Airport. 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" and that "[s]uch information is critical to the public’s ability to hold the government accountable."

The case was assigned to Judge Richard W. Story.

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. On May 12, the defendants filed a motion to stay the proceedings pending a decision on the motion to transfer, which the court granted on June 30.

On Aug. 2, the U.S. District Judicial Panel on Multidistrict Litigation denied the government's consolidation motion. 261 F. Supp. 3d 1348. 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."

Later that week, Judge Story lifted the stay and litigation continued.

On Dec. 13, 2017, the court ordered the government to process at least 1,000 pages of potentially responsive records, and to produce responsive records from that batch, by Jan. 16, 2018. The court also ordered the government to repeat this process every month. Status report filed in June and September indicated that the government had completed its production and the parties were in the process of discussing it with the goal of avoiding further litigation.

On Oct. 30, 2018, the case was reassigned to Judge William M Ray, II.

Besides a brief stay in the production of documents late in 2018 (due to the government shutdown), the parties seemed to work in good faith with one another on document production. On July 30, 2019, the parties filed a stipulation of dismissal to end the case. The case is now closed.

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

Virginia Weeks - 04/18/2017
Virginia Weeks - 11/01/2018
Jamie Kessler - 08/07/2017
Jack Hibbard - 08/18/2020


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Issues and Causes of Action
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Issues
Defendant-type
Jurisdiction-wide
Discrimination-basis
National origin discrimination
General
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 American Civil Liberties Union of Georgia
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted Moot
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement Private Settlement Agreement
Voluntary Dismissal
Filed 04/12/2017
Case Closing Year 2019
Case Ongoing No
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-CA-0025 : American Civil Liberties Union of San Diego v. U.S. Department of Homeland Security (S.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-CA-0026 : ACLU of Southern California v. U.S. Department of Homeland Security (C.D. Cal.)
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  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 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−01309−RWS (N.D. Ga.)
NS-GA-0001-9000.pdf | Detail
Date: 07/31/2020
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-GA-0001-0001.pdf | Detail
Date: 04/12/2017
Source: PACER [Public Access to Court Electronic Records]
Order Denying Transfer [ECF# 25] (N.D. Ga.)
NS-GA-0001-0002.pdf | Detail
Date: 08/02/2017
Source: PACER [Public Access to Court Electronic Records]
Stipulation of Dismissal with Prejudice [ECF# 56]
NS-GA-0001-0004.pdf | Detail
Date: 07/30/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Breyer, Charles R. (N.D. Cal.) show/hide docs
NS-GA-0001-0002
Huvelle, Ellen Segal (D.D.C.) show/hide docs
NS-GA-0001-0002
Kaplan, Lewis A. (S.D.N.Y.) show/hide docs
NS-GA-0001-0002
Perry, Catherine D. (E.D. Mo.) show/hide docs
NS-GA-0001-0002
Proctor, R. David (N.D. Ala.) show/hide docs
NS-GA-0001-0002
Ray, William McCrary II (State Appellate Court, N.D. Ga.) show/hide docs
NS-GA-0001-9000
Vance, Sarah S. (E.D. La.) show/hide docs
NS-GA-0001-0002
Plaintiff's Lawyers Broussard, David Barret (Georgia) show/hide docs
NS-GA-0001-9000
Podolsky, Gail (Georgia) show/hide docs
NS-GA-0001-0001 | NS-GA-0001-0004 | NS-GA-0001-9000
Young, Sean (Georgia) show/hide docs
NS-GA-0001-9000
Defendant's Lawyers Berns, Matthew (District of Columbia) show/hide docs
NS-GA-0001-9000
Cooper, Lisa D. (Georgia) show/hide docs
NS-GA-0001-9000
Hunt, Joseph H. (District of Columbia) show/hide docs
NS-GA-0001-0004
Nestler, Emily B. (District of Columbia) show/hide docs
NS-GA-0001-9000
Shapiro, Elizabeth J. (District of Columbia) show/hide docs
NS-GA-0001-0004
Westmoreland, Rachael (District of Columbia) show/hide docs
NS-GA-0001-0004 | NS-GA-0001-9000

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