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Case Name ACLU of Oregon v. U.S. Department of Homeland Security NS-OR-0005
Docket / Court 3:17-cv-00575-HZ ( D. Or. )
State/Territory Oregon
Case Type(s) National Security
Special Collection Trump Administration FOIA cases
Attorney Organization ACLU Chapters (any)
Case Summary
On April 12, 2017, the ACLUs Oregon, Alaska, Colorado, Idaho, and Wyoming 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 ... read more >
On April 12, 2017, the ACLUs Oregon, Alaska, Colorado, Idaho, and Wyoming 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 Portland Field Office, including Portland International Airport, Denver International Airport, Ted Stevens International Airport, Boise International Airport, and Casper/Natrona County 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 Marco A. Hernandez.

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 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."

The case is ongoing.

Virginia Weeks - 04/28/2017
Virginia Weeks - 06/27/2017
Jamie Kessler - 07/31/2017


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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
Language
Arabic
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 ACLU of Oregon, ACLU of Alaska, ACLU of Colorado, ACLU of Idaho, and ACLU of Wyoming
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-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)
3:17-cv-575 (D. Or.)
NS-OR-0005-9000.pdf | Detail
Date: 06/19/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. § 552 [ECF# 1]
NS-OR-0005-0001.pdf | Detail
Date: 04/12/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Hernandez, Marco Antonio (D. Or.)
NS-OR-0005-9000
Plaintiff's Lawyers Chaimov, Gregory A. (Oregon)
NS-OR-0005-0001 | NS-OR-0005-9000
Dos Santos, Mathew William (California)
NS-OR-0005-9000
Green, Derek (Oregon)
NS-OR-0005-9000
Simon, Kelly K. (Oregon)
NS-OR-0005-9000
Defendant's Lawyers Patil, Chetan (District of Columbia)
NS-OR-0005-9000

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