University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
view search results
page permalink
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 over a dozen such suits; each aimed to shed light on how U.S. Customs and Border Protection implemented President Trump's Jan. 27 ... 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 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 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. 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."

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

The case is ongoing.

Virginia Weeks - 04/18/2017
Virginia Weeks - 09/15/2017
Jamie Kessler - 08/07/2017


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
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) U.S. Customs and Border Protection
U.S. Department of Homeland Security
Plaintiff Description American Civil Liberties Union
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
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
click to show/hide detail
  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)
1:17−cv−01309−RWS (N.D. Ga.)
NS-GA-0001-9000.pdf | Detail
Date: 08/07/2017
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]
Judges Breyer, Charles R. (N.D. Cal.)
NS-GA-0001-0002
Huvelle, Ellen Segal (D.D.C.)
NS-GA-0001-0002
Kaplan, Lewis A. (S.D.N.Y.)
NS-GA-0001-0002
Perry, Catherine D. (E.D. Mo.)
NS-GA-0001-0002
Proctor, R. David (N.D. Ala.)
NS-GA-0001-0002
Story, Richard W. (N.D. Ga.)
NS-GA-0001-9000
Vance, Sarah S. (E.D. La.)
NS-GA-0001-0002
Plaintiff's Lawyers Podolsky, Gail (Georgia)
NS-GA-0001-0001 | NS-GA-0001-9000
Young, Sean (Georgia)
NS-GA-0001-9000
Defendant's Lawyers Berns, Matthew (District of Columbia)
NS-GA-0001-9000

- click to show/hide ALL -

new search
view search results
page permalink

- top of page -